DRIVERS' LICENCES

Highway Traffic Act
Code de la route

ONTARIO REGULATION 340/94

Amended to O. Reg. 575/05

DRIVERS’ LICENCES

Historical version for the period November 10, 2005 to November 23, 2005.

This Regulation is made in English only.

CONTENTS

		Sections
		1-2
	Novice Licence Conditions	5-11.1
	Licences: General	12-27
	Novice Drivers’ Licences	28-30
	Remedial Programs and Requirements to Reinstate Suspended Drivers’ Licences	32.1-32.11
	Miscellaneous	33-36

1. (1) In this Regulation,

“air brakes” includes air over hydraulic brakes;

“corrective lenses” means lenses that correct visual acuity but does not include extraordinary optical devices that enhance or modify vision or that interfere with the horizontal visual field, such as telescopic lenses, prism lenses or sidebar prisms;

“fully licensed driver” means a person authorized to drive a class of motor vehicle on a highway and who, while operating a vehicle of that class, is not subject to novice conditions or classed as a probationary driver;

“level 1 exit test” means a test designed to demonstrate a person’s ability to drive a Class G1 or M1 motor vehicle safely;

“level 2 exit test” means a test designed to demonstrate a person’s ability to drive a Class G2 or M2 motor vehicle at a level beyond the minimum standard required to qualify for a Class G2 or M2 driver’s licence;

“novice driver” means a person classed as such under section 29;

“registered gross weight” means the weight for which a permit has been issued under the Act, the fee for which is based on the weight of the vehicle or combination of vehicles and load;

“school purposes bus” means a school bus as defined in subsection 175 (1) of the Act or any other bus operated by or under contract with a school board or other authority in charge of a school while they are being used to transport adults with a developmental disability or children;

“spouse” has the same meaning as in Part III of the Family Law Act;

“valid driver’s licence” means a driver’s licence that is not expired, cancelled or under suspension. O. Reg. 340/94, s. 1 (1); O. Reg. 89/00, s. 1; O. Reg. 67/02, s. 1 (1); O. Reg. 83/05, s. 1; O. Reg. 355/05, s. 1.

(2) A reference in this Regulation to the expressions “children”, “developmental disability” and “school” is a reference to those expressions as defined in subsection 175 (1) of the Act. O. Reg. 340/94, s. 1 (2); O. Reg. 67/02, s. 1 (2).

(3) A reference in this Regulation to the expressions “accumulated demerit points” and “probationary driver” is a reference to those expressions as defined in Ontario Regulation 339/94. O. Reg. 340/94, s. 1 (3).

(4) For the purposes of this Regulation, time that is not continuous may be included in determining the length of time a person has held a driver’s licence. O. Reg. 340/94, s. 1 (4).

2. (1) Subject to subsection (6) and sections 3, 4, 5, 6, 7 and 8, a driver’s licence of the class prescribed in Column 1 of the Table is authority to drive a motor vehicle of the corresponding class prescribed in Column 2 and the classes of motor vehicles prescribed in Column 3.

TABLE

Column 1	Column 2	Column 3
Class of Licence	Class of Motor Vehicle	Other Classes of Motor Vehicle the Driving of which is Authorized
Class A	Class A — any combination of a motor vehicle and towed vehicles where the towed vehicles exceed a total gross weight of 4,600 kilograms, but not a bus carrying passengers	Class D and G
Class B	Class B — any school purposes bus having a designed seating capacity for more than 24 passengers	Class C, D, E, F and G
Class C	Class C — any bus having a designed seating capacity for more than 24 passengers, but not a school purposes bus carrying passengers	Class D, F and G
Class D	Class D — any motor vehicle exceeding 11,000 kilograms gross weight or registered gross weight, and any combination of a motor vehicle exceeding a total gross weight or registered gross weight of 11,000 kilograms and towed vehicles not exceeding a total gross weight of 4,600 kilograms, but not a bus carrying passengers	Class G
Class E	Class E — any school purposes bus having a designed seating capacity for not more than 24 passengers	Class F and G
Class F	Class F — any ambulance, and any bus having a designed seating capacity for not more than 24 passengers, but not a school purposes bus carrying passengers	Class G
Class G	Class G — any motor vehicle, including a motor assisted bicycle, not exceeding 11,000 kilograms gross weight or registered gross weight and any combination of a motor vehicle not exceeding a total gross weight or registered gross weight of 11,000 kilograms and towed vehicles where the towed vehicles do not exceed a total gross weight of 4,600 kilograms, but not,
	(a) a motorcycle;
	(b) a bus carrying passengers; or
	(c) an ambulance in the course of providing ambulance service as defined in the Ambulance Act
Class G1	Class G1 — any motor vehicle in Class G and any combination of a motor vehicle in Class G and towed vehicles, except,
	(a) Class D farm vehicles deemed to be Class G vehicles under subsection 2 (3);
	(b) Class F vehicles deemed to be Class G vehicles under subsection 2 (4);
	(c) a vehicle equipped with air brakes
Class G2	Class G2 — any motor vehicle in Class G and any combination of such a vehicle and towed vehicles, except a vehicle equipped with air brakes
Class M	Class M — any motorcycle and motor assisted bicycle	subject to Class G1 conditions, any motor vehicle in Class G1 and any combination of such a vehicle and towed vehicles
Class M1	Class M — any motorcycle and motor assisted bicycle
Class M2	Class M — any motorcycle and motor assisted bicycle	subject to Class G1 conditions, any motor vehicle in Class G1 and any combination of such a vehicle and towed vehicles

O. Reg. 340/94, s. 2 (1); O. Reg. 83/05, s. 2.

(2) A Class D or G motor vehicle that is designed and used as a tow truck shall be deemed not to be a Class A motor vehicle when it is towing a disabled or unsafe motor vehicle or trailer on a highway. O. Reg. 340/94, s. 2 (2).

(3) A Class D motor vehicle shall be deemed to be a Class G motor vehicle if,

(a) it is owned or leased by a farmer and used for his or her personal transportation or the transportation of farm products, supplies or equipment without compensation to or from a farm; and

(b) the fee paid for the vehicle permit was determined under Schedule 2 to Regulation 628 of the Revised Regulations of Ontario, 1990. O. Reg. 340/94, s. 2 (3).

(4) A Class F motor vehicle shall be deemed to be a Class G motor vehicle when being operated by,

(a) a police officer in the performance of police duties; or

(b) a peace officer who, in the course of his or her duties, is transporting prisoners or other persons held in custody. O. Reg. 340/94, s. 2 (4).

(5) A Class F motor vehicle, other than an ambulance or car pool vehicle as defined in the Public Vehicles Act, with a designed seating capacity for not more than 11 passengers that is used for personal purposes without compensation shall be deemed to be a Class G motor vehicle. O. Reg. 340/94, s. 2 (5).

(6) No driver’s licence provides authority to drive a motor vehicle equipped with air brakes unless the licence bears an air brake endorsement. O. Reg. 340/94, s. 2 (6).

3., 4. Revoked: O. Reg. 83/05, s. 3.

Novice Licence Conditions

5. (1) The holder of a Class G1 driver’s licence may drive a Class G1 motor vehicle on a highway if a holder of a Class A, B, C, D, E, F or G driver’s licence or its equivalent authorizing the holder to drive the motor vehicle, who qualifies as an accompanying driver, occupies the seat beside the driver for the purpose of giving him or her instruction in driving the motor vehicle and the following additional conditions are met:

1. The novice driver’s blood alcohol concentration must be zero at all times while he or she is operating the motor vehicle.

2. The accompanying driver’s blood alcohol concentration must be less than 50 milligrams of alcohol in 100 millilitres of blood while the novice driver is operating the motor vehicle.

3. No person other than the novice driver and the accompanying driver shall occupy a front seat in the motor vehicle.

4. The number of passengers in the seats other than the front seats of the motor vehicle must not exceed the number of operable seat belt assemblies in those other seats.

5. The motor vehicle may not be driven on a highway designated by subsection (4).

6. The motor vehicle may not be driven by the novice driver between midnight and 5 a.m. O. Reg. 340/94, s. 5 (1).

(2) A person is qualified to act as an accompanying driver if he or she,

(a) is a fully licensed driver in a Class G motor vehicle;

(b) has been licensed in Ontario or another jurisdiction for at least four years except if the person is licensed as a driving instructor in Ontario; and

(c) meets the applicable requirements of the Act and the regulations, including any requirement to wear corrective lenses but not including any requirement for any special or modified controls applicable to the accompanying driver’s licence. O. Reg. 340/94, s. 5 (2); O. Reg. 83/05, s. 4.

(3) A person licensed as a driving instructor in Ontario is qualified to act as an accompanying driver although the instructor has not held a driver’s licence for at least four years, as long as the instructor meets the requirements of the Act and its regulations applicable to him or her as a driver of the class of motor vehicle in which the instructor is acting as an accompanying driver. O. Reg. 340/94, s. 5 (3).

(4) The following highways are designated for the purposes of paragraph 5 of subsection (1):

1. Those parts of the King’s Highway known as Nos. 400, 400A, 401, 402, 403, 404, 405, 406, 407, 409, 410, 416, 417, 420 and 427 with posted speed limits greater than 80 kilometres per hour.

2. All of the King’s Highway known as the Queen Elizabeth Way.

3. Those parts of the highway known as the Don Valley Parkway, the Gardiner Expressway and the E. C. Row Expressway.

4. That part of the King’s Highway known as the Conestoga Parkway from its westerly limit at its intersection with the King’s Highway known as Nos. 7 and 8 to its northerly limit at its intersection with the King’s Highway known as No. 86. O. Reg. 340/94, s. 5 (4); O. Reg. 149/97, s. 1.

(5) Paragraph 5 of subsection (1) does not apply if the accompanying driver is a driving instructor licensed in Ontario. O. Reg. 340/94, s. 5 (5).

(6) Subsection (1) does not apply to the driving of a motor assisted bicycle. O. Reg. 340/94, s. 5 (6).

6. (1) The holder of a Class G2 driver’s licence may drive a Class G2 motor vehicle on a highway subject to the following conditions:

1. The novice driver’s blood alcohol concentration must be zero at all times while he or she is operating the motor vehicle.

2. The number of passengers in the motor vehicle must not exceed the number of operable seat belt assemblies installed in it.

3. Between the hours of midnight and 5 a.m., there must not be more than one passenger in the motor vehicle who is under the age of 20, other than a person who is a member of the novice driver’s immediate family. O. Reg. 340/94, s. 6 (1); O. Reg. 196/05, s. 1 (1).

(1.1) Despite subsection (1), the holder of a Class G2 driver’s licence who has held a valid G2 driver’s licence for at least six months may drive a Class G2 motor vehicle on a highway subject to the following conditions:

1. The novice driver’s blood alcohol concentration must be zero at all times while he or she is operating the motor vehicle.

2. The number of passengers in the motor vehicle must not exceed the number of operable seat belt assemblies installed in it.

3. Between the hours of midnight and 5 a.m., there must not be more than three passengers in the motor vehicle who are under the age of 20, other than a person who is a member of the novice driver’s immediate family. O. Reg. 196/05, s. 1 (2).

(2) Subsections (1) and (1.1) do not apply to the driving of a motor assisted bicycle. O. Reg. 196/05, s. 1 (3).

(3) For the purpose of subsection (1.1), the requirement that a novice driver has held a valid G2 licence for at least six months means that, at the time the novice driver is driving, he or she held a valid G2 licence for at least the immediately preceding six months. O. Reg. 196/05, s. 1 (4).

(4) Paragraph 3 of subsection (1) and paragraph 3 of subsection (1.1) do not apply to,

(a) a novice driver who is at least 20 years old; or

(b) any novice driver if a person who qualifies as an accompanying driver, as described in subsection 5 (2), and who meets the condition for an accompanying driver as set out in paragraph 2 of subsection 5 (1), occupies the seat beside the driver and no person other than the novice driver and the accompanying driver occupies a front seat in the motor vehicle. O. Reg. 196/05, s. 1 (4).

(5) The age distinctions in paragraph 3 of subsection (1), paragraph 3 of subsection (1.1) and clause (4) (a) apply despite the Human Rights Code. O. Reg. 196/05, s. 1 (4).

(6) In paragraph 3 of subsection (1) and paragraph 3 of subsection (1.1), immediate family includes the novice driver’s guardian and immediate family who are related by blood, marriage, conjugal relationship outside marriage or adoption. O. Reg. 196/05, s. 1 (4).

7. The holder of a Class M1 driver’s licence may drive a motorcycle on a highway subject to the following conditions:

1. The novice driver’s blood alcohol concentration must be zero at all times while he or she is operating the motorcycle.

2. The motorcycle may only be driven from one-half hour before sunrise to one-half hour after sunset.

3. No passenger may be carried on the motorcycle.

4. The motorcycle may not be driven on a highway with a speed limit in excess of 80 kilometres per hour other than those parts of the King’s Highway known as Nos. 11, 17, 61, 69, 71, 101, 102, 144 and 655. O. Reg. 340/94, s. 7.

8. The holder of a Class M2 driver’s licence may drive a motorcycle on a highway if the novice driver’s blood alcohol concentration is zero at all times while he or she is operating the motorcycle. O. Reg. 340/94, s. 8.

9. (1) The Registrar shall, after giving notice, suspend the driver’s licence of a person who is convicted of violating any of the conditions specified in section 5, 6, 7 or 8. O. Reg. 340/94, s. 9 (1).

(2) The Registrar shall state the effective date of the licence suspension in the notice. O. Reg. 340/94, s. 9 (2).

(3) The period of licence suspension is concurrent with the unexpired portion of any other licence suspension under this or any other authority. O. Reg. 340/94, s. 9 (3).

(4) A licence suspended under subsection (1) shall not be reinstated until 30 days have elapsed from the date the licence is surrendered on account of the suspension or two years have elapsed from the date the licence is suspended, whichever occurs first. O. Reg. 340/94, s. 9 (4).

(5) Revoked: O. Reg. 125/01, s. 1.

10., 11. Revoked: O. Reg. 83/05, s. 5.

11.1 The following information is prescribed for the purposes of section 57.1.1 of the Act:

1. The passenger’s date of birth.

2. The nature of the familial relationship between the passenger and the driver of the motor vehicle, and the name and address of the person or persons through whom the driver and the passenger are related, if any. O. Reg. 196/05, s. 2.

Licences: General

12. (1) An applicant for a Class A, B, C, D, E or F driver’s licence must hold or have held a driver’s licence issued by a province or territory of Canada. O. Reg. 340/94, s. 12 (1).

(2) A Class G1, G2, M, M1 or M2 driver’s licence or an equivalent licence or an instruction permit issued by the Province of Ontario or another province or territory of Canada, shall be deemed not to be a driver’s licence for the purposes of subsection (1). O. Reg. 340/94, s. 12 (2); O. Reg. 83/05, s. 6.

(3) Revoked: O. Reg. 509/97, s. 1.

(4) An applicant for a Class B or E driver’s licence must be at least 21 years old at the time of application. O. Reg. 340/94, s. 12 (4).

(5) An applicant for a Class A, C, D or F driver’s licence must be at least 18 years old at the time of application. O. Reg. 340/94, s. 12 (5).

(6) An applicant for a Class G, G1, G2, M, M1 or M2 driver’s licence must be at least 16 years old at the time of application. O. Reg. 340/94, s. 12 (6).

(7) The age requirement in subsection (4) applies despite the Human Rights Code. O. Reg. 340/94, s. 12 (7).

13. (1) An applicant for a Class B or E driver’s licence shall meet the following requirements:

1. The applicant shall provide evidence satisfactory to the Minister that he or she has, not more than five years before the date of application, successfully completed a driver improvement course approved by the Minister.

2. The applicant shall not have accumulated more than six demerit points in his or her driving record.

3. The applicant shall not hold a Class G1 or G2 driver’s licence or be classed as a probationary driver. O. Reg. 340/94, s. 13 (1).

(2) An applicant for or a holder of a Class B or E driver’s licence shall meet the following requirements:

1. The person’s driver’s licence shall not have been under suspension at any time within the preceding 12 months as a result of the person having been convicted or found guilty of an offence referred to in section 53, subsection 128 (15), section 130, 172, 200 or 216 of the Act, or 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 as defined in the Act.

2. The person shall not have been convicted or found guilty within the preceding five years of two or more offences under the Criminal Code (Canada) committed on different dates by means of a motor vehicle or while driving or having the care or control of a motor vehicle.

3. The person shall not have been convicted or found guilty within the preceding five years of an offence under section 151, 152, 153, 155, 159, 160, 163, 167, 168, 170, 171, 172, 173, 212, 271, 272 or 273 of the Criminal Code (Canada) or under section 4 or 5 of the Narcotics Control Act (Canada).

4. The person shall not have been convicted or found guilty within the preceding five years of more than one offence referred to in paragraph 1. O. Reg. 340/94, s. 13 (2).

(3) A holder of a Class B or E driver’s licence shall not have accumulated more than eight demerit points in his or her driving record and not be classed as a probationary driver. O. Reg. 340/94, s. 13 (3).

(4) Although not convicted or found guilty under subsection (2), an applicant for or a holder of a Class B or E driver’s licence must not have been convicted or found guilty of an offence for conduct that affords reasonable grounds for believing that the person will not properly perform his or her duties or is not a proper person to have custody of children while having control of a school purposes bus. O. Reg. 340/94, s. 13 (4).

14. An applicant for or a holder of a driver’s licence must not,

(a) suffer from any mental, emotional, nervous or physical disability likely to significantly interfere with his or her ability to drive a motor vehicle of the applicable class safely; or

(b) be addicted to the use of alcohol or a drug to an extent likely to significantly interfere with his or her ability to drive a motor vehicle safely. O. Reg. 340/94, s. 14; O. Reg. 83/05, s. 7.

15. (1) An examination of an applicant for or a holder of any class of driver’s licence, including a driver’s licence with or without any endorsement, condition or waiver, or an examination in relation to any endorsement, condition or waiver may include,

(a) an examination of the person’s knowledge of the Act and the regulations under it;

(b) a demonstration of the person’s ability to drive safely a motor vehicle of a class authorized to be driven by the class of licence applied for or held;

(c) a demonstration of the person’s ability to operate safely a motor vehicle of a class authorized to be driven by the class of licence applied for and that is equipped with air brakes, or a combination of such a motor vehicle and towed vehicles;

(d) an examination of a person’s knowledge of air brakes, their functions and safe operation for the class of licence applied for or held; and

(e) medical and physical examinations, tests and procedures to determine the person’s fitness to drive or to determine whether the person meets the qualifications prescribed by section 14, 17, 18, 21, 21.1 or 21.2. O. Reg. 340/94, s. 15 (1); O. Reg. 490/98, s. 1; O. Reg. 83/05, s. 8 (1, 2).

(1.1) It is a condition of a driver’s licence that the holder submit to the examinations required under subsection (1) at such times as the Minister may require. O. Reg. 83/05, s. 8 (3).

(2) An examination under subsection (1) may include the applicable level 2 exit test in the case of a person fully licensed to operate a Class G or M motor vehicle or in the case of an applicant for a Class G or M driver’s licence or a driving instructor’s licence. O. Reg. 340/94, s. 15 (2).

(3) The applicable level 2 exit test may be taken in a Class G motor vehicle, including one equipped with air brakes, in the case of a probationary driver or any person fully licensed to operate a Class G vehicle. O. Reg. 340/94, s. 15 (3).

(4) If an examination referred to in this section includes a demonstration of the person’s ability to drive safely a motor vehicle, the applicant shall be deemed to be fully licensed in that class of vehicle for the purpose of the examination. O. Reg. 340/94, s. 15 (4).

(5) Where the horizontal visual field of a driver is to be determined under an examination conducted pursuant to clause (1) (e),

(a) it shall be measured without the aid of extraordinary optical devices that enhance or modify vision or that interfere with the horizontal visual field, such as telescopic lenses, prism lenses or sidebar prisms;

(b) the visual field representation must include the central visual fixation point at its centre;

(d) the continuous degrees of the horizontal visual field that are required above and below fixation shall be continuous throughout the required continuous degrees along the horizontal meridian. O. Reg. 83/05, s. 8 (3).

16. The Minister may require that,

(a) any holder of a Class G or M driver’s licence who has reached the age of 80 complete successfully, once every two years, the applicable examination prescribed in section 15 and meet the qualifications prescribed in sections 14, 17 and 18, where applicable;

(b) any driver who has reached the age of 70 and is involved in an accident complete successfully the applicable examinations prescribed in section 15 and meet the qualifications prescribed in sections 14, 17 and 18, where applicable;

(c) any holder of a Class A, B, C, E or F driver’s licence who is under the age of 46 complete successfully the applicable examinations prescribed in clause 15 (1) (a) every five years and meet the qualifications prescribed in sections 14 and 17 every five years;

(c.1) any holder of a Class A, B, C, E or F driver’s licence who has reached the age of 46 but has not yet reached the age of 65 complete successfully the applicable examinations prescribed in clause 15 (1) (a) every five years and meet the qualifications prescribed in sections 14 and 17 every three years;

(d) any holder of a Class A, B, C, E or F driver’s licence who has reached the age of 65 complete successfully every year the applicable examinations prescribed in section 15 and meet the qualifications prescribed in sections 14 and 17;

(d.1) any holder of a Class D driver’s licence who has reached the age of 80 complete successfully, once every year, the applicable examinations prescribed in section 15 and meet the qualifications prescribed in sections 14 and 17;

(d.2) any holder of a driver’s licence with an air brake endorsement who is under 65 complete successfully every five years the examination prescribed in clause 15 (1) (a); and

(e) any holder of a driver’s licence with an air brake endorsement who has reached the age of 65 complete successfully every year the applicable examinations prescribed in section 15 and meet the qualifications prescribed in sections 14 and 17. O. Reg. 340/94, s. 16; O. Reg. 484/96, s. 1; O. Reg. 304/00, s. 1; O. Reg. 305/04, s. 1.

17. (1) Qualifications required by an applicant for or a holder of a Class A, B, C, D, E or F driver’s licence are that the applicant or holder,

(a) has no history or clinical diagnosis of diabetes that requires insulin for control;

(b) is not taking any drug that could, in the dosage prescribed or in the dosage recommended by the manufacturer, impair his or her ability to drive a motor vehicle of the applicable class safely;

(d) has no established medical history of heart disease including arrhythmia or of respiratory dysfunction likely to interfere with the safe driving of a motor vehicle of the applicable class;

(e) is not suffering from an aortic aneurysm, whether resected or not;

(f) is not suffering from hypertension accompanied by postural hypotension resulting in giddiness when under treatment;

(g) has no established medical history of loss of consciousness or awareness due to a chronic or recurring condition;

(h) has no established medical history of a disorder of the musculoskeletal or nervous system that may interfere with the safe driving of a motor vehicle of the applicable class;

(i) has no established medical history of an intractable psychotic or psychoneurotic disorder, having particular regard for sustained hostile, aggressive, paranoid, suicidal or other destructive tendencies or depression unless it is medically determined that the condition from which the person has suffered is corrected or controlled;

(j) has a visual acuity as measured by Snellen Rating that is not poorer than 20/30 with both eyes open and examined together and not poorer than 20/100 in the weaker eye, with or without the aid of corrective lenses; and

(k) has a horizontal visual field of at least 150 continuous degrees along the horizontal meridian and at least 20 continuous degrees above and below fixation, with both eyes open and examined together. O. Reg. 340/94, s. 17 (1); O. Reg. 83/05, s. 9.

(2) An applicant for or a holder of a Class A, B, C, D, E or F driver’s licence who fails to meet the qualifications referred to in clauses (1) (a) to (i) may, despite the failure, qualify for the class of licence applied for or held if he or she demonstrates the ability to drive a motor vehicle in the applicable class as safely as any person who meets those qualifications. O. Reg. 340/94, s. 17 (2).

(3) An applicant for or a holder of a Class D driver’s licence who fails to meet the qualification referred to in clause (1) (c) may, despite the failure, qualify for that class of licence if it is medically determined that he or she has made a full recovery and there is no established history of a second occurrence of myocardial infarction, thrombosis or recurring angina pectoris. O. Reg. 340/94, s. 17 (3).

(4) An applicant for or a holder of a Class B, C, E or F driver’s licence whose hearing in one ear is better than in the other must be able to perceive in the better ear, with or without a hearing aid, a forced whisper at a distance of 1.5 metres or, if an audiometer is used to test the person’s hearing, must not have a loss in the better ear of more than 40 decibels at 500, 1,000 and 2,000 hertz. O. Reg. 340/94, s. 17 (4).

18. (1) An applicant for or a holder of a Class M, M1 or M2 driver’s licence must have,

(a) a visual acuity as measured by Snellen Rating that is not poorer than 20/50, with both eyes open and examined together with or without the aid of corrective lenses; and

(b) a horizontal visual field of at least 120 continuous degrees along the horizontal meridian and at least 15 continuous degrees above and below fixation, with both eyes open and examined together. O. Reg. 83/05, s. 10.

(2) An applicant for or a holder of a Class G, G1 or G2 driver’s licence must have,

(a) a visual acuity as measured by Snellen Rating that is not poorer than 20/50 with both eyes open and examined together with or without the aid of corrective lenses; and

19. (1) The examinations and qualifications required of an applicant for or a holder of a driver’s licence by section 16, clauses 17 (1) (j) and (k), subsections 17 (4) and 18 (1), clause 18 (2) (a) and sections 21.1 and 21.2 apply despite the Human Rights Code. O. Reg. 83/05, s. 11.

(2) Subsection 17 (2) applies despite the Human Rights Code. O. Reg. 340/94, s. 19 (2).

20. (1) The Minister may waive any of the qualifications set out in section 17 with respect to an applicant for any class of driver’s licence if the applicant,

(a) held on January 31, 1977 a valid operator’s or chauffeur’s licence issued under the Act;

(b) is experienced in the driving of motor vehicles in the class authorized to be driven by the class of licence applied for;

(c) suffered from or was subject to the condition or conditions on January 31, 1977 that would disqualify him or her if the qualification is not waived;

(d) made an application for waiver to the Minister on or before January 31, 1978; and

(e) provides evidence satisfactory to the Minister, including the reports of any examinations which the Minister may require, that the applicant can safely drive motor vehicles in the class authorized to be driven by the class of licence applied for. O. Reg. 340/94, s. 20 (1).

(2) The Minister may renew a waiver under subsection (1) if there has been no worsening of the condition that would have disqualified the applicant had the waiver not been granted or if the applicant provides evidence satisfactory to the Minister, including the reports of any examinations which the Minister may require, that the applicant can safely drive motor vehicles in the class authorized to be driven by the class of licence for which a renewal has been applied. O. Reg. 340/94, s. 20 (2).

21. (1) The Minister may waive any of the qualifications set out in clauses 17 (1) (a) to (i) with respect to an applicant for or holder of a Class A, B, C, D, E or F driver’s licence if,

(a) the applicant or licence holder produces a certificate from a legally qualified medical practitioner on the form provided by the Ministry stating that, in the medical practitioner’s opinion, the applicant or licence holder is medically fit and able to function normally; and

(b) the applicant or licence holder provides evidence satisfactory to the Minister, including the reports of any examinations that the Minister may require, that he or she can safely drive a Class A, B, C, D, E or F motor vehicle, as the case may be. O. Reg. 340/94, s. 21 (1); O. Reg. 305/04, s. 2.

(2) In determining whether an applicant or licence holder satisfies the requirements set out in clause (1) (b), the Minister shall consider,

(a) the nature and extent of the experience of the applicant or licence holder in the driving of Class A, B, C, D, E and F motor vehicles;

(b) the status of the medical condition of the applicant or licence holder; and

(c) the circumstances of the applicant or licence holder, and his or her attitude with respect to the medical condition, as they may affect the relationship between the condition and his or her ability to drive a motor vehicle safely. O. Reg. 340/94, s. 21 (2).

(3) Despite subsection (1), the Minister shall not grant a waiver under this section,

(a) in respect of a Class A driver’s licence, except to a person who holds or has held a valid Class A driver’s licence issued under the Act;

(b) in respect of a Class B driver’s licence, except to a person who holds or has held a valid Class B driver’s licence issued under the Act;

(c) in respect of a Class C driver’s licence, except to a person who holds or has held a valid Class B or C driver’s licence issued under the Act;

(d) in respect of a Class D driver’s licence, except to a person who holds or has held a valid Class A, B, C or D driver’s licence issued under the Act;

(e) in respect of a Class E driver’s licence, except to a person who holds or has held a valid Class B or E driver’s licence issued under the Act; or

(f) in respect of a Class F driver’s licence, except to a person who holds or has held a valid Class B, C, E or F driver’s licence issued under the Act. O. Reg. 340/94, s. 21 (3).

21.1 (1) The Minister may waive either or both of the qualifications set out in clauses 17 (1) (j) and (k) for an applicant for or a holder of a Class A or D driver’s licence if,

(a) the applicant or holder provides evidence that he or she has successfully completed any tests, procedures and examinations that the Minister may require; and

(b) the applicant or holder,

(i) has a visual acuity as measured by Snellen Rating that is not poorer than 20/30 or, if the person’s vision is better in one eye than the other, that is not poorer than 20/30 in the better eye, with or without the aid of corrective lenses,

(ii) has a horizontal visual field of at least 120 continuous degrees along the horizontal meridian and at least 15 continuous degrees above and below fixation, with both eyes open and examined together,

(iii) meets all of the qualifications referred to in clauses 17 (1) (a) to (i),

(iv) Revoked: O. Reg. 578/98, s. 1.

(v) has held a Class G or M driver’s licence or a driver’s licence of an equivalent class for at least one year immediately before the application,

(vi) has not been able to meet the qualifications prescribed in clauses 17 (1) (j) and (k) for a period of at least one year immediately before the application,

(vii) does not have a medical condition or disability that requires a Ministerial waiver from the qualifications for obtaining any class of driver’s licence prescribed in the Act or the regulations other than the waiver under this subsection,

(viii) does not have accumulated more than six demerit points on his or her driving record, and

(ix) did not have his or her driver’s licence under suspension at any time within the preceding 12 months pursuant to section 53, subsection 128 (15) or section 130, 172, 200 or 216 of the Act or as a result of a conviction under the Criminal Code (Canada) for an offence committed by means of a motor vehicle or while driving or having the care, charge or control of a motor vehicle. O. Reg. 306/96, s. 1; O. Reg. 578/98, s. 1; O. Reg. 83/05, s. 12 (1, 2).

(2) The Minister may revoke a waiver given under subsection (1) at any time if the holder no longer meets the requirements of subclause (1) (b) (i), (ii), (iii), (vii), (viii) or (ix). O. Reg. 83/05, s. 12 (3).

(3), (4) Revoked: O. Reg. 83/05, s. 12 (3).

Note: On July 31, 2006, section 21.1 is revoked and the following substituted:

21.1 If the Minister waived a qualification set out in clause 17 (1) (j) or (k) for an applicant for or a holder of a Class A or D driver’s licence under this section as it read before July 31, 2006, the Minister may renew the waiver for the holder requesting a renewal of his or her licence if,

(a) the holder can safely drive motor vehicles in the class authorized to be driven by the class of licence for which a renewal is requested;

(b) there is no worsening of the condition that would have disqualified the holder had the prior waiver not been granted;

(c) the holder provides evidence that he or she has successfully completed the tests, procedures and examinations that the Minister may require to demonstrate that the conditions in clauses (a) and (b) are satisfied; and

(d) the holder does not have a medical condition or disability that requires a Ministerial waiver from the qualifications for obtaining any class of driver’s licence prescribed in the Act or the regulations other than the waiver under this section. O. Reg. 83/05, s. 12 (4).

See: O. Reg. 83/05, ss. 12 (4), 19 (2).

21.2 (1) The Minister may waive the qualification set out in clause 18 (2) (b) for an applicant for or a holder of a Class G, G1 or G2 driver’s licence if,

(a) the applicant or holder provides evidence that he or she has successfully completed the tests, procedures and examinations that the Minister may require; and

(b) the applicant or holder,

(i) meets all of the other qualifications set out in this Regulation for the applicable class of driver’s licence,

(ii) has not been able to meet the qualification set out in clause 18 (2) (b) for a period of at least three months immediately before the application,

(iii) does not have a medical or visual condition or disability that, alone or combined with a reduced horizontal visual field, may significantly impair his or her ability to drive, including,

(A) a neurological deficit or disorder, including epilepsy,

(B) diabetes that requires insulin for control,

(D) an impairment resulting from dementia, stroke, brain tumour, brain surgery, head trauma or arthritis,

(iv) does not have accumulated more than six demerit points on his or her driving record,

(v) did not have his or her driver’s licence under suspension at any time within the preceding five years pursuant to section 53, subsection 128 (15) or section 130, 172, 200 or 216 of the Act or as a result of a conviction under the Criminal Code (Canada) for an offence committed by means of a motor vehicle or while driving or having the care, charge or control of a motor vehicle, and

(vi) has not, within the preceding five years and within the period of time he or she has been unable to meet the requirements of clause 18 (2) (b), been involved in a collision the circumstances of which also gave rise to a conviction for contravening or failing to comply with section 128, 136, 138, 140, 141, 147, 148, 154, 156, 158 or 172 or subsection 175 (11) of the Act. O. Reg. 83/05, s. 13.

(2) The Minister may revoke a waiver given under subsection (1) at any time if the holder no longer meets the requirements of subclause (1) (b) (i), (iii), (iv), (v) or (vi). O. Reg. 83/05, s. 13.

(3) If the applicant’s or holder’s horizontal visual field is so fragmented or incomplete that the size, shape, nature or relative position of the defects in it or along the horizontal meridian or above or below fixation may significantly impair his or her ability to drive, then the Minister shall not grant the waiver under this section. O. Reg. 83/05, s. 13.

22. Any class of driver’s licence, except a Class G1, G2, M, M1 or M2 driver’s licence, is authority for,

(a) a police officer or an officer appointed for carrying out the provisions of the Act to drive a motor vehicle of any class including a vehicle equipped with air brakes, other than a motorcycle, on a highway in an emergency and in the performance of his or her duties under the Act;

(a.1) a firefighter, as defined in subsection 1 (1) of the Fire Protection and Prevention Act, 1997, to drive a motor vehicle of any class including a vehicle equipped with air brakes, other than a motorcycle, on a highway in an emergency and in the performance of his or her duties under that Act; and

(b) a motor vehicle mechanic to drive a motor vehicle of any class including a vehicle equipped with air brakes, other than a motorcycle, on a highway while carrying out a road test of the vehicle in the course of servicing it. O. Reg. 340/94, s. 22; O. Reg. 115/03, s. 1; O. Reg. 83/05, s. 14.

23. (1) Subject to subsection (3), a Class A, B, C, D, E, F or G driver’s licence is authority to drive on a highway any motor vehicle other than a motorcycle for the purpose of receiving instruction in driving it, as long as a holder of a class of driver’s licence authorizing the holder to drive the motor vehicle occupies a seat beside the driver for the purpose of giving him or her instruction. O. Reg. 340/94, s. 23 (1).

(1.1) Subsection 2 (6) does not apply to prevent a driver referred to in subsection (1) from receiving instruction in driving a motor vehicle equipped with air brakes for the purpose of obtaining an air brake endorsement. O. Reg. 75/95, s. 1.

(1.2) The driver’s licence of a person who is giving instruction to a driver in the circumstances described in subsection (1) must bear an air brake endorsement if the motor vehicle is equipped with air brakes. O. Reg. 75/95, s. 1.

(1.3) A person may give instruction to a driver in the circumstances described in subsection (1) if the person holds a class of licence equivalent to a Class A, B, C, D, E, F or G driver’s licence that is issued by another province or territory of Canada of which the person is a resident and that authorizes the person to drive the motor vehicle in which instruction is being given, including an equivalent air brake endorsement if the motor vehicle is equipped with air brakes. O. Reg. 75/95, s. 1.

(2) A Class M or M2 driver’s licence is authority to drive on a highway any motor vehicle of a class that may be driven by a holder of a Class G1 driver’s licence for the purpose of receiving instruction in driving it, and section 5 applies. O.Reg. 340/94, s.23 (2).

(3) It is a condition attaching to every licence that the holder, while receiving instruction in driving a bus, not drive the bus on a highway while the bus is carrying passengers other than passengers who are giving or receiving instruction in driving it. O.Reg. 340/94, s.23 (3).

23.1 A driver’s licence, other than a Class G1, G2, M1 or M2 driver’s licence, may be renewed for a specified period of not less than 12 months and not more than 84 months after the expiry date shown on the licence. O. Reg. 484/96, s. 2.

24. (1) The Minister or any person authorized by the Minister may issue to an applicant for a driver’s licence a temporary licence valid for up to 90 days permitting him or her to drive a motor vehicle in the class shown on the temporary licence while the Ministry is investigating and assessing the application. O. Reg. 340/94, s. 24 (1).

(1.1) Revoked: O. Reg. 94/98, s. 1.

(2) The Minister or any person authorized by the Minister may issue a temporary Class B or E driver’s licence for a period of 90 days to an applicant who, although not meeting the requirements of paragraph 1 of subsection 13 (1), is otherwise qualified for such a licence, and may reissue it for a further period of 90 days. O. Reg. 340/94, s. 24 (2).

(3) Despite subsection (1), the Minister or any person authorized by the Minister may not issue a temporary Class B or E driver’s licence to an applicant who is otherwise qualified for such a licence for a period exceeding 45 days while the Ministry is investigating whether the applicant meets the requirements of subsection 13 (2). O. Reg. 340/94, s. 24 (3).

(4) Despite subsection (1), the Minister or any person authorized by the Minister may issue a temporary driver’s licence for a period of up to six months to the holder of an Ontario driver’s licence who may be out of the Province and is required to appear in person in order to satisfy licence renewal requirements and cannot return prior to the expiry of the driver’s licence. O. Reg. 340/94, s. 24 (4).

(5) A temporary driver’s licence issued under this section expires upon the issue or refusal of a driver’s licence or the expiry date of the temporary licence, whichever occurs first. O. Reg. 340/94, s. 24 (5).

25. The Minister may impose conditions on a driver’s licence appropriate to the holder’s driving ability in respect of the type of motor vehicle and the special mechanical control devices required on any motor vehicle that the holder may drive, or such other conditions as are appropriate to ensure that the holder drives the motor vehicle safely. O. Reg. 340/94, s. 25.

26. (1) The following fees shall be paid:

For a complete Class A, B, C, D, E or F driver’s examination

$85.00

Note: On November 28, 2005, paragraph 1 is revoked and the following substituted:

For a Class A, B, C, D, E or F driver’s road test

75.00

See: O. Reg. 575/05, ss. 1 (1), 2.

For a complete Class A, B, C, E or F driver’s examination for drivers having attained the age of 65 years or over

24.00

Note: On November 28, 2005, paragraph 2 is revoked and the following substituted:

For a Class A, B, C, E or F driver’s road test for drivers having attained the age of 65 years or over

14.00

See: O. Reg. 575/05, ss. 1 (1), 2.

For a complete level 2 driver’s examination in either Class G2 or M2

85.00

Note: On November 28, 2005, paragraph 3 is revoked and the following substituted:

For a level 2 Class G2 or M2 driver’s road test

75.00

See: O. Reg. 575/05, ss. 1 (1), 2.

For a complete level 1 driver’s examination in either Class G1 or M1

50.00

Note: On November 28, 2005, paragraph 4 is revoked and the following substituted:

For a level 1 Class G1 or M1 road test

40.00

See: O. Reg. 575/05, ss. 1 (1), 2.

For a Class A, B, C, D, E or F driver’s road test

75.00

Note: On November 28, 2005, paragraph 5 is revoked and the following substituted:

For an air brake endorsement practical test

40.00

See: O. Reg. 575/05, ss. 1 (1), 2.

5.1

For a Class A, B, C, D, E, or F road test, where the person being tested failed to attend a scheduled road test in the previous 3 years without providing satisfactory notice or reason to the Ministry

100.00

Note: On November 28, 2005, paragraph 5.1 is revoked. See: O. Reg. 575/05, ss. 1 (1), 2.

For a Class A, B, C, E or F driver’s road test for drivers having attained the age of 65 years or over

14.00

Note: On November 28, 2005, paragraph 6 is revoked and the following substituted:

For an examination of a person’s knowledge of the Act and the regulations under it

10.00

See: O. Reg. 575/05, ss. 1 (1), 2.

6.1

For a Class A, B, C, E, or F road test for drivers having attained the age of 65 years or older, where the person being tested failed to attend a scheduled road test in the previous 3 years without providing satisfactory notice or reason to the Ministry

39.00

Note: On November 28, 2005, paragraph 6.1 is revoked. See: O. Reg. 575/05, ss. 1 (1), 2.

For a level 2 Class G2 or M2 driver’s road test

75.00

Note: On November 28, 2005, paragraph 7 is revoked and the following substituted:

For an application for the replacement of a driver’s licence

10.00

See: O. Reg. 575/05, ss. 1 (1), 2.

7.1

For a level 2 Class G2 or M2 road test, where the person being tested failed to attend a scheduled road test in the previous 3 years without providing satisfactory notice or reason to the Ministry

100.00

Note: On November 28, 2005, paragraph 7.1 is revoked. See: O. Reg. 575/05, ss. 1 (1), 2.

For a level 1 Class G1 or M1 road test

40.00

Note: On November 28, 2005, paragraph 8 is revoked and the following substituted:

8.	For information on whether a specific driver’s licence is valid, together with verification of such information,
	i. if the information is requested and given on the telephone	2.50
	ii. if the information is requested and given on the Internet	2.00

See: O. Reg. 575/05, ss. 1 (1), 2.

8.1

For a level 1 Class G1 or M1 road test, where the person being tested failed to attend a scheduled road test in the previous 3 years without providing satisfactory notice or reason to the Ministry

65.00

Note: On November 28, 2005, paragraph 8.1 is revoked. See: O. Reg. 575/05, ss. 1 (1), 2.

For an examination of the person’s knowledge of the Act and the regulation thereunder

10.00

Note: On November 28, 2005, paragraph 9 is revoked and the following substituted:

For each search of driver records by driver licence number or name of driver

12.00

See: O. Reg. 575/05, ss. 1 (1), 2.

10.

For a complete air brake endorsement test

50.00

Note: On November 28, 2005, paragraph 10 is revoked and the following substituted:

10.

For a copy of any writing, paper or document filed in the Ministry or any statement containing information from the records

6.00

See: O. Reg. 575/05, ss. 1 (1), 2.

11.

For an air brake endorsement practical test

40.00

Note: On November 28, 2005, paragraph 11 is revoked and the following substituted:

11.

For certification of a copy of any writing, paper or document filed in the Ministry or any statement containing information from the records

6.00

See: O. Reg. 575/05, ss. 1 (1), 2.

11.1

For an air brake endorsement practical test, where the person being tested failed to attend a scheduled road test in the previous 3 years without providing satisfactory notice or reason to the Ministry

65.00

Note: On November 28, 2005, paragraph 11.1 is revoked. See: O. Reg. 575/05, ss. 1 (1), 2.

12.

For an application for the replacement of a driver’s licence

10.00

Note: On November 28, 2005, paragraph 12 is revoked and the following substituted:

12.

For each six-month period or part thereof during which a driver’s licence is valid

6.00

See: O. Reg. 575/05, ss. 1 (1), 2.

12.1	For information on whether a specific driver’s licence is valid, together with verification of such information,
	i. if the information is requested and given on the telephone	2.50
	ii. if the information is requested and given on the Internet	2.00

Note: On November 28, 2005, paragraph 12.1 is revoked. See: O. Reg. 575/05, ss. 1 (1), 2.

13.

For each search of driver records by driver licence number or name of driver

12.00

Note: On November 28, 2005, paragraph 13 is revoked. See: O. Reg. 575/05, ss. 1 (1), 2.

14.

For a copy of any writing, paper or document filed in the Ministry or any statement containing information from the records

6.00

Note: On November 28, 2005, paragraph 14 is revoked. See: O. Reg. 575/05, ss. 1 (1), 2.

15.

For certification of a copy of any writing, paper or document filed in the Ministry or any statement containing information from the records

6.00

Note: On November 28, 2005, paragraph 15 is revoked. See: O. Reg. 575/05, ss. 1 (1), 2.

16.

For each six-month period or part thereof during which a driver’s licence is valid

6.00

Note: On November 28, 2005, paragraph 16 is revoked. See: O. Reg. 575/05, ss. 1 (1), 2.

O. Reg. 340/94, s. 26 (1); O. Reg. 251/97, s. 1; O. Reg. 460/98, s. 1; O. Reg. 633/98, s. 1; O. Reg. 207/04, s. 1 (1).

Note: On November 28, 2005, section 26 is amended by adding the following subsections:

(1.0.1) If, before November 28, 2005, an applicant booked an appointment for a test described in paragraph 1, 2, 3, 4 or 5 of subsection (1) to be taken before, on or after November 28, 2005, or paid in full or in part for such a test, and fails to take the test without providing notice or reason that is satisfactory to the Minister, the fee for a subsequent test described in any of those paragraphs that is booked or taken after November 27, 2005 is increased by $25 for each such test that the applicant failed to take within the previous three years. O. Reg. 575/05, s. 1 (2).

(1.0.2) After November 27, 2005, the fee for a test under paragraph 1, 2, 3, 4 or 5 of subsection (1), except for a test for which the fee is increased under subsection (1.0.1), is due when the test is booked and is payable even if the time booked for taking the test passes without the test being taken. O. Reg. 575/05, s. 1 (2).

See: O. Reg. 575/05, ss. 1 (2), 2.

(1.1) A fee of $150 is payable to the Ministry for the reinstatement of a driver’s licence that was suspended for any of the following reasons:

1. A conviction under the Act or a regulation.

2. The default in payment of a fine for a conviction referred to in section 46 of the Act.

3. An unsatisfied judgment, as permitted under section 198 of the Act.

4. The accumulation of demerit points, as prescribed under Ontario Regulation 339/94.

5. A conviction under the Criminal Code (Canada).

6. A payment out of the Motor Vehicle Accident Claims Fund under subsection 4 (4) or 10 (1) of the Motor Vehicle Accident Claims Act, a default in repayment of an amount owing to the Fund under subsection 4 (8) or 11 (3) of that Act, including a failure to satisfy the proof of financial responsibility condition of the restoration of a licence under the regulations made under section 11 of that Act.

7. An unpaid support order that was made under the Family Responsibility and Support Arrears Enforcement Act, 1996.

8. A conviction under the Compulsory Automobile Insurance Act. O. Reg. 19/98, s. 1; O. Reg. 207/04, s. 1 (2).

(1.2) Despite subsection (1.1), no fee is payable if a reinstatement is made following a suspension resulting from a conviction referred to in that subsection and an appeal of the conviction is filed; however, the fee is payable if the conviction is sustained on appeal. O. Reg. 19/98, s. 1.

(1.3) The fee is payable only once for a reinstatement of a licence that has more than one suspension recorded against it at the same time for any of the reasons set out in subsection (1.1). O. Reg. 19/98, s. 1.

(2) Despite subsection (1), there is no fee for a driver’s re-examination required in the following circumstances:

1. The driver has reached the age of 80.

2. The driver has reached the age of 70 and has been requested under clause 15 (1) (b) or subsection 15 (2) to demonstrate his or her ability to operate a motor vehicle.

3. The driver suffers from a reported medical condition and has been requested to take a re-examination by the Minister.

4. In the case of a pilot field test, the Ministry may waive the fee for a retest. O. Reg. 340/94, s. 26 (2).

(3) The fee for a complete Class A, B, C, D, E, F or G2 driver’s examination and an air brake endorsement test is the fee set out in paragraph 1, 2 or 3 of subsection (1), as the case may be. O. Reg. 340/94, s. 26 (3).

Note: On November 28, 2005, subsection (3) is revoked and the following substituted:

(3) The fee for a Class A, B, C, D, E or F road test and an air brake endorsement practical test is the fee set out in paragraph 1 or 2 of subsection (1), as the case may be. O. Reg. 575/05, s. 1 (3).

See: O. Reg. 575/05, ss. 1 (3), 2.

(4) The fee for a Class A, B, C, D, E, F or G2 road test and an air brake endorsement practical test is the fee set out in paragraph 5, 6 or 7 of subsection (1), as the case may be. O. Reg. 340/94, s. 26 (4).

Note: On November 28, 2005, subsection (4) is revoked and the following substituted:

(4) A fee paid under subsection (1.0.2) for a test described in any of paragraphs 1 to 5 of subsection (1) for a test that was not taken is not refundable except as follows:

1. The fee may be fully refunded or fully credited towards a subsequent fee payable by the individual for a test described in subsection (1) within the same licence class or for the same endorsement as the test the individual failed to take if the applicant provides notice or reason satisfactory to the Minister.

2. Half of the fee may be refunded or credited towards a subsequent fee payable by the individual for a test described in subsection (1) within the same licence class or for the same endorsement if the individual attended the test, but failed to take the test because the vehicle to be used by the individual in the test was considered by the Minister to be unsatisfactory for use in a road test.

3. Half of the fee may be refunded or credited towards a subsequent fee payable by the individual for a test described in subsection (1) within the same licence class or for the same endorsement if the individual attended the test, but failed to take or complete the test because a person authorized by the Minister to make such determination determined that the test could not be taken or completed. O. Reg. 575/05, s. 1 (3).

See: O. Reg. 575/05, ss. 1 (3), 2.

(5) Subsection (1) does not apply to,

(a) the Governor General;

(b) the Lieutenant Governor;

(i) ambassador, high commissioner or chargé d’affaires,

(ii) head of delegation or head of office,

(iii) minister-counsellor or minister,

(iv) counsellor,

(v) first, second or third secretary,

(vi) attaché,

(vii) military, air or naval attaché or advisor,

(viii) assistant military, air or naval attaché or advisor,

(ix) consul-general, consul, vice-consul or consular agent;

(d) the spouse or child of a representative referred to in clause (c);

(e) a person serving or employed on the technical staff of a diplomatic or consular mission or high commission as long as the person,

(i) is authorized as eligible for exempt status by the Department of External Affairs (Canada),

(ii) is not a Canadian citizen or permanent resident of Canada as defined in the Immigration Act (Canada), and

(iii) is assigned to duty from the foreign government being represented and not engaged locally by the mission or commission; or

(f) a representative of an international organization who has taken a post in Ontario and,

(i) is authorized as eligible for exempt status by the Department of External Affairs (Canada),

(ii) is not a Canadian citizen or permanent resident of Canada as defined in the Immigration Act (Canada),

(iii) is assigned to duty from the international organization being represented and not engaged locally by the organization;

(g) the spouse or child of any person in clause (f) as long as the spouse or child meets the requirements set out in subclause (f) (ii). O. Reg. 340/94, s. 26 (5); O. Reg. 484/96, s. 3; O. Reg. 89/00, s. 2; O. Reg. 355/05, s. 2.

27. (1) A person shall pay a penalty of 10 per cent of the amount owing if,

(a) the person purports to pay by cheque, whether separately or together with another payment, a fee payable under this Regulation and the payment is dishonoured;

(b) the person fails to pay the amount owing within 30 days after the date of a letter from the Ministry informing him or her that the payment was dishonoured; and

(2) Subsection (1) does not apply if an equal penalty is payable with respect to the same payment under the authority of another regulation made under the Act. O. Reg. 340/94, s. 27 (2).

Novice Drivers’ Licences

28. (1) A person who resides in Ontario but who has never held an Ontario driver’s licence may only apply for a Class G1 or M1 driver’s licence, unless the person is licensed in another jurisdiction and either meets the requirements set out in Ontario Regulation 341/94 for an exchange licence or is wholly or partially exempted under section 29. O. Reg. 340/94, s. 28 (1); O. Reg. 727/94, s. 1.

(2) A qualified applicant shall be issued a Class G1 driver’s licence valid for a period of five years. O. Reg. 340/94, s. 28 (2).

(3) A qualified applicant shall be issued a Class M1 driver’s licence valid for a period of 90 days. O. Reg. 340/94, s. 28 (3).

(4) A novice driver shall hold a valid driver’s licence for a minimum period in each novice level before becoming eligible to advance to the next highest level, as follows:

1. In the case of Class G1 and G2, 365 days.

2. In the case of Class M1, 60 days.

3. In the case of Class M2, 670 days. O. Reg. 340/94, s. 28 (4).

(5) If a Class G1 driver successfully completes a Ministry-approved driver education course and provides evidence of that fact satisfactory to the Minister, the minimum period of 365 days referred to in paragraph 1 of subsection (4) as it applies to Class G1 is reduced to 245 days. O. Reg. 340/94, s. 28 (5).

(6) If a Class M1 or M2 driver successfully completes a Ministry-approved motorcycle training course and provides evidence satisfactory of that fact to the Minister, the minimum period of 670 days referred to in paragraph 3 of subsection (4) is reduced to 550 days. O. Reg. 340/94, s. 28 (6).

(7) A person who has been issued a Class M1 driver’s licence and who has completed a Ministry-approved motorcycle training course offered by a municipal police force or the Ontario Provincial Police is not required to take a Ministry-conducted level 1 exit test under clause 15 (1) (b) and, despite paragraph 2 of subsection (4) and subsection (13), is immediately eligible,

(a) to obtain a Class M2 driver’s licence; and

(b) to take the Ministry-conducted level 2 exit test under clause 15 (1) (b). O. Reg. 176/05, s. 1 (1).

(7.1) A person to whom a Class M2 driver’s licence is issued under subsection (7) must hold the Class M2 licence for the period of time required by subsection (6) before obtaining his or her Class M driver’s licence but, despite subsection (13), is not required to take the level 2 exit test again after the expiry of the period of time required by subsection (6) in order to obtain a Class M driver’s licence. O. Reg. 176/05, s. 1 (1).

(8) A person who has been issued a Class M1 driver’s licence and who has completed a Ministry-approved motorcycle training course offered by an organization other than a municipal police force or the Ontario Provincial Police is not required to take a Ministry-conducted level 1 exit test under clause 15 (1) (b) in order to obtain a Class M2 driver’s licence. O. Reg. 176/05, s. 1 (1).

(9) For the purpose of a reduction under subsection (5) or (6), a certificate obtained on successful completion of a driver education or motorcycle training course is valid for two years from the date of issue of the course certificate. O. Reg. 340/94, s. 28 (9); O. Reg. 176/05, s. 1 (2).

(10) For the purpose of an exemption from the level 1 exit test under subsection (7) or (8), or for the right under subsection (7) to take the level 2 exit test at an earlier date than required by subsection (13), the certificate obtained on successful completion of a motorcycle training course is valid for up to six months from the date of issue of the course certificate. O. Reg. 176/05, s. 1 (3).

(11) A novice driver who holds a Class G1 or M1 driver’s licence for the period of time required under this section and whose licence is currently valid may take the applicable level 1 exit test. O. Reg. 340/94, s. 28 (11).

(12) A novice driver who successfully completes the applicable test under subsection (11) shall be issued, as applicable, a Class G2 driver’s licence valid for the remainder of the five-year period for which the Class G1 licence was valid or a Class M2 licence valid for a period of five years. O. Reg. 340/94, s. 28 (12).

(13) A novice driver who holds a Class G2 or M2 driver’s licence for the period of time required under this section and whose licence is currently valid may take the applicable level 2 exit test. O. Reg. 340/94, s. 28 (13).

(14) A driver who successfully completes the applicable test under subsection (13) shall be issued, as applicable, a Class G or M driver’s licence for the remainder of the period for which the Class G2 or M2 driver’s licence was valid. O. Reg. 340/94, s. 28 (14).

(15) A driver who holds a Class G1 driver’s licence may requalify within the six-month period prior to the five year licence expiry date, and every five years thereafter, by taking the applicable examinations set out in clause 15 (1) (a) or, if eligible, may qualify as a Class G2 driver by taking the applicable examinations set out in clause 15 (1) (b). O. Reg. 340/94, s. 28 (15).

(16) A driver who holds a Class G2 driver’s licence after first obtaining a Class G1 driver’s licence, or if issued a Class G2 driver’s licence initially on application, may requalify within the six-month period prior to the five year expiry date of the licence, and every five years thereafter, by taking the applicable examinations set out in clause 15 (1) (b) or, if eligible, may qualify as a Class G driver by taking the applicable examinations set out in subsection 15 (2). O. Reg. 340/94, s. 28 (16).

(17) A driver who holds a Class M2 driver’s licence may requalify within the six-month period prior to the five year licence expiry date, and every five years thereafter, by taking the applicable examinations set out in clause 15 (1) (b) or, if eligible, may qualify as a Class M driver by taking the applicable examinations set out in subsection 15 (2). O. Reg. 340/94, s. 28 (17).

(18) A driver who successfully completes the applicable requalification examinations within 12 months prior to the expiry of the requalification period is not required to take them again in order to requalify. O. Reg. 340/94, s. 28 (18).

(19) A Class G1, G2 or M2 driver’s licence is not renewable except in accordance with subsections (15), (16), (17) and (18). O. Reg. 340/94, s. 28 (19).

(20) A Class M1 driver’s licence is not renewable but it may be stamped valid for the date of a road test that is after the licence’s expiry date if the holder makes the appointment for the test before the expiry of the licence. O. Reg. 340/94, s. 28 (20); O. Reg. 83/05, s. 15.

29. (1) A driver of a motor vehicle, other than a motorcycle or a motor assisted bicycle, on a highway shall be classed as a novice driver in Class G1 or G2 unless he or she,

(a) has held a valid driver’s licence, other than a Class G1, G2, M, M1 or M2 driver’s licence, issued under the Act,

(i) in the case of a fully licensed driver, at any time in the last three years, and

(ii) in the case of a person classed as a probationary driver, at any time within one year before the time of application; or

(b) is the equivalent of a fully licensed driver in Ontario, other than in Class M, and has held for at least 24 months in the last three years a valid driver’s licence, other than a driver’s licence equivalent to a Class M1 or M2 driver’s licence, issued by,

(i) another province or territory of Canada, Canada Forces Europe, a state of the United States of America or Japan, or

(ii) a jurisdiction which is a party to a valid and subsisting agreement with Ontario respecting the reciprocal exchange of driver’s licences. O. Reg. 340/94, s. 29 (1); O. Reg. 671/98, s. 1 (1); O. Reg. 337/00, s. 1 (1); O. Reg. 83/05, s. 16 (1).

(2) A driver of a motorcycle on a highway shall be classed as a novice driver in Class M1 or M2 unless he or she,

(a) has held a valid driver’s licence in Class M issued under the Act,

(i) in the case of a fully licensed driver, at any time in the last three years, and

(ii) in the case of a person classed as a probationary driver, at any time within one year before the time of application; or

(b) is the equivalent of a fully licensed driver in Ontario in Class M and has held for at least 24 months in the last three years a valid driver’s licence in a class equivalent to Class M, M1 or M2 issued by another province or territory of Canada, a state of the United States of America or Canada Forces Europe. O. Reg. 340/94, s. 29 (2).

(3) Despite subsections (1) and (2), the period of time during which an equivalent licence must be held under those subsections may be reduced by the period of time that the driver held the equivalent of a Class G1 driver’s licence, to a maximum of 12 months, and by the period of time that the driver held the equivalent of a Class M1 driver’s licence, to a maximum of 60 days. O. Reg. 83/05, s. 16 (2).

(4) A driver classed as a novice driver under subsection (1) or (2) shall remain classed in the applicable novice driver class until the driver has successfully completed a level 1 or level 2 exit test, as the case may be, for the applicable class of vehicle and has met any other requirements under this Regulation. O. Reg. 340/94, s. 29 (4).

(5) Subsections (1) to (4) do not apply to,

(a) the Governor General;

(b) the Lieutenant Governor;

(i) ambassador, high commissioner or chargé d’affaires,

(ii) head of delegation or head of office,

(iii) minister-counsellor or minister,

(iv) counsellor,

(v) first, second or third secretary,

(vi) attaché,

(vii) military, air or naval attaché or advisor,

(viii) assistant military, air or naval attaché or advisor,

(ix) consul-general, consul, vice-consul or consular agent;

(d) the spouse of a representative referred to in clause (c);

(e) Canadian counterparts of the persons referred to in clauses (c) and (d) who return to Canada as residents of Ontario from assigned duty abroad;

(f) a person who is a resident of any province or territory of Canada, other than Ontario, or of another country or state and who holds a valid driver’s licence in accordance with the laws of that province, country or state. O. Reg. 340/94, s. 29 (5); O. Reg. 89/00, s. 3; O. Reg. 355/05, s. 3.

(6) An applicant for a driver’s licence who was previously licensed in Ontario more than three years but less than ten years before the time of application and provides evidence satisfactory to the Minister of that fact shall be classed as a novice driver but shall be exempt from the prescribed time limits on eligibility to take the level 1 and 2 exit tests. O. Reg. 340/94, s. 29 (6).

(7) Subject to subsection (3), any driver who has held for less than 24 months in the last three years before the time of application a valid driver’s licence issued by a jurisdiction described in subclause (1) (b) (i) or (ii) shall be entitled to a credit for the period of time he or she held the licence and shall qualify for placement in level 2 without the necessity of a level 1 exit test. O. Reg. 337/00, s. 1 (2).

(8) A driver under subsection (7) may take a level 2 exit test upon holding a licence for two years and the period of licensed time referred to in subsection (7) may be included as part of that two-year period. O. Reg. 340/94, s. 29 (8).

(9) An applicant for a driver’s licence who has not held a licence in the applicable licence class for at least 24 months within the last three years shall be credited with the length of time he or she has held a driver’s licence within that period toward the length of time the driver is classed as a novice driver and toward the prescribed time limits on eligibility to take the level 1 and 2 exit tests if the applicant provides evidence satisfactory to the Minister that he or she is from a jurisdiction other than Ontario or one referred to in clause (1) (b) or (2) (b) and of the length of time during which he or she held the licence. O. Reg. 340/94, s. 29 (9).

(10) An applicant for a driver’s licence may take the applicable level 2 exit test without being subject to the prescribed time limits if the applicant provides evidence satisfactory to the Minister that he or she is from a jurisdiction other than Ontario or one referred to in clause (1) (b) or (2) (b) and has held a driver’s licence in the applicable licence class for at least 24 months in the last three years. O. Reg. 340/94, s. 29 (10).

(11) Revoked: O. Reg. 83/05, s. 16 (3).

(12) An applicant referred to in subsection (10) who does not complete the level 2 exit test successfully on the first attempt must take and successfully complete the level 1 and 2 exit tests but shall be exempt from the prescribed time limits on eligibility to take the tests. O. Reg. 340/94, s. 29 (12).

(13) Upon successful completion of the level 2 exit test, the applicant shall be issued a Class G or M driver’s licence, as applicable, if all other requirements have been met. O. Reg. 340/94, s. 29 (13).

30. (1) The Minister or any person authorized by the Minister may issue,

(a) a temporary Class G1 driver’s licence, for a period of up to 90 days;

(b) a temporary Class G2 or M2 driver’s licence, for a period of up to 365 days. O. Reg. 494/99, s. 1; O. Reg. 83/05, s. 17 (1).

(2) A temporary licence under subsection (1) may not be issued for a period beyond the day on which the licence holder is scheduled to take a road test if, on the day he or she schedules the test, he or she holds a Class G1, G2 or M2 driver’s licence and the applicable licence expires prior to the day of the road test. O. Reg. 83/05, s. 17 (2).

31., 32. Revoked: O. Reg. 83/05, s. 18.

Remedial Programs and Requirements to Reinstate Suspended Drivers’ Licences

32.1 Sections 32.2 to 32.11 only apply in respect of drivers’ licence suspensions that are the result of an offence committed on or after the day section 2 of the Comprehensive Road Safety Act, 1997 comes into force. O. Reg. 490/98, s. 2.

32.2 (1) A person whose driver’s licence has been suspended under section 41 of the Act as a result of a conviction of an offence under section 220, 221, 236, 249 or 252 of the Criminal Code (Canada) shall attend an interview with an official of the Ministry before his or her driver’s licence may be reinstated. O. Reg. 490/98, s. 2.

(2) As a result of the interview, the Ministry may require that the person complete a remedial education or training program for the purpose of improving his or her ability to drive safely. O. Reg. 490/98, s. 2.

(3) This section does not apply if the person has been previously convicted of an offence under section 253, 254 or 255 of the Criminal Code (Canada) during the period within which previous convictions shall be taken into account under subsections 41 (3), (3.0.1) and (3.0.2) of the Act. O. Reg. 490/98, s. 2.

32.3 A person whose driver’s licence has been suspended under section 41 of the Act shall be required to complete the assessment and remedial program set out in section 32.4 or 32.5 before his or her driver’s licence may be reinstated if,

(a) the suspension is the result of a conviction of an offence under section 253, 254 or 255 of the Criminal Code (Canada);

(b) the suspension is the result of a conviction of an offence under a provision that is enacted by a state of the United States of America and that is designated by Ontario Regulation 37/93; or

(c) the suspension is the result of a conviction of an offence under section 220, 221, 236, 249 or 252 of the Criminal Code (Canada) and the person has been previously convicted of an offence under section 253, 254 or 255 of the Criminal Code (Canada) during the period within which previous convictions shall be taken into account under subsections 41 (3), (3.0.1) and (3.0.2) of the Act. O. Reg. 490/98, s. 2.

32.4 (1) A person described in section 32.3 shall,

(a) undergo an assessment carried out by an assessor authorized by the Ministry for the purpose of this section; and

(b) complete the remedial program recommended by the assessor upon the completion of the assessment as the program that is most appropriate for the person. O. Reg. 490/98, s. 2.

(2) The assessment may include the assessment tools commonly referred to in the substance abuse field as the Alcohol Dependence Scale, the Drug Abuse Screening Test and the Research Institute on Addictions Self-Inventory. O. Reg. 490/98, s. 2.

(3) The assessor may only recommend a remedial education or remedial treatment program approved by the Ministry and provided by a person authorized by the Ministry for the purpose of this Regulation. O. Reg. 490/98, s. 2.

32.5 (1) Section 32.4 does not apply to a person whose driver’s licence is suspended under clause 41 (1) (f) of the Act upon a first conviction if the notice of suspension is delivered to the person before October 1, 2000. O. Reg. 490/98, s. 2.

(2) A person described in subsection (1) shall complete the remedial education program that is, for the purpose of this Regulation, approved by the Ministry and provided by a person authorized by the Ministry. O. Reg. 490/98, s. 2.

32.6 The Registrar shall not reduce the period of suspension and reinstate the driver’s licence of a person whose driver’s licence has been suspended indefinitely under clause 41 (1) (h) of the Act for a second subsequent conviction, unless the person,

(a) has completed the remedial program recommended by the assessor under section 32.4; and

(b) has not been convicted of an offence committed, during the period of suspension, under section 53 of the Act or under a provision referred to in section 41 or 42 of the Act. O. Reg. 490/98, s. 2.

32.7 (1) A person who conducts an assessment or remedial program for the purpose of this Regulation shall report to the Registrar on the outcome of the assessment or remedial program. O. Reg. 490/98, s. 2.

(2) The report shall be made in the form and submitted at the time required by the Registrar. O. Reg. 490/98, s. 2.

(3) A person who is required by this Regulation to undergo an assessment or to take a remedial program shall be considered to have completed the assessment or program for the purposes of this Regulation if the report says that the person underwent the full assessment or successfully completed the remedial program. O. Reg. 490/98, s. 2.

32.8 The fee for taking a remedial program required under section 32.5 or for undergoing an assessment and taking a remedial program under section 32.4 is $475. O. Reg. 490/98, s. 2.

32.9 A remedial program required by section 32.2, 32.4 or 32.5 may vary in its content, duration, and method of delivery in different parts of Ontario. O. Reg. 490/98, s. 2.

32.10 A person who resides in another province or territory of Canada or in a state of the United States of America and whose driver’s licence or privilege to drive in Ontario is under suspension as the result of a conviction of an offence referred to in section 32.2 or 32.3 or as the result of a suspension under subsection 41.1 (3) of the Act may, with the approval of the Registrar, complete a remedial program carried out in the person’s home jurisdiction instead of complying with section 32.2, 32.4 or 32.5, as the case may be. O. Reg. 490/98, s. 2.

32.11 The Ministry shall make available a list of the classes of persons authorized to carry out assessments for the purpose of section 32.4, a list of approved remedial programs and a list of the classes of persons authorized to provide the remedial programs for the purpose of sections 32.4 and 32.5. O. Reg. 490/98, s. 2.

Miscellaneous

33. (1) The holder of a driver’s licence who changes his or her address shall, within six days after the change, send by registered mail or have filed with the Ministry a notice in writing, or electronically in a format designated by the Ministry, of the change giving the former address, the present address and the number of his or her driver’s licence. O. Reg. 340/94, s. 33 (1).

(2) The holder of a driver’s licence who changes his or her name shall, within six days after the change, send by registered mail or have filed with the Ministry a notice in writing of the change giving the former name, the present name and the number of his or her driver’s licence. O. Reg. 340/94, s. 33 (2).

(3) A notice of change under subsection (2) must include evidence of the change satisfactory to the Minister. O. Reg. 340/94, s. 33 (3).

34. It is a condition of every driver’s licence that the holder’s signature be written in ink in the appropriate place on the licence. O. Reg. 340/94, s. 34.

35. Omitted (revokes other Regulations). O. Reg. 340/94, s. 35.

36. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 340/94, s. 36.