Highway Traffic Act
Code de la route
ONTARIO REGULATION 341/94
DRIVER LICENCE EXAMINATIONS
Historical version for the period April 21, 2008 to June 15, 2008.
Last amendment: O. Reg. 101/08.
This Regulation is made in English only.
1. Subject to sections 2 to 5, an applicant for a driver’s licence must take the applicable examinations prescribed in Ontario Regulation 340/94 unless the applicant has been exempted by the Minister. O. Reg. 341/94, s. 1; O. Reg. 90/00, s. 1.
2. (1) A resident of Ontario who applies for a Class A, C, D, F, G or M driver’s licence and pays the prescribed fee is not required to take the applicable examinations under clauses 15 (1) (a) and (b) of Ontario Regulation 340/94 if he or she,
(a) holds a valid driver’s licence of an equivalent class that is not subject to special conditions and restrictions and that is issued by another province or a territory of Canada; and
(b) surrenders that licence. O. Reg. 341/94, s. 2 (1).
(2) A resident of Ontario who applies for a Class A, C, D, F or G driver’s licence and an air brake endorsement to that licence and pays the prescribed fee is not required to take the applicable examinations under clause 15 (1) (c) of Ontario Regulation 340/94 if he or she,
(a) holds a valid driver’s licence of an equivalent class with, if applicable, an air brake endorsement that authorizes the operation of a motor vehicle equipped with air brakes, or a combination of such a vehicle and towed vehicles, that is not subject to special conditions and restrictions and that is issued by another province or a territory of Canada having an air brake endorsement program recognized by Ontario; and
(b) surrenders that licence. O. Reg. 341/94, s. 2 (2).
(3) A resident of Ontario who applies for a Class B or E licence and pays the prescribed fee may be issued a Class C or F driver’s licence, as applicable, without being required to take the applicable examinations under clauses 15 (1) (a) and (b) of Ontario Regulation 340/94 if he or she,
(a) holds a valid driver’s licence that is equivalent to a Class B or E driver’s licence, is not subject to special conditions and restrictions and is issued by another province or a territory of Canada; and
(b) surrenders that licence. O. Reg. 341/94, s. 2 (3).
(4) A resident of Ontario who applies for a Class G or M driver’s licence, pays the prescribed fee and provides the information required by the Minister is not required to take the applicable examinations under clauses 15 (1) (a) and (b) of Ontario Regulation 340/94 if he or she,
(a) holds a valid driver’s licence that authorizes the operation of the relevant class of motor vehicle, is not subject to special conditions and restrictions and is issued by a state of the United States of America, the United States Department of State or Canada Forces Europe; and
(b) surrenders that licence. O. Reg. 341/94, s. 2 (4).
(5) A resident of Ontario who applies for a Class G driver’s licence and pays the prescribed fee is not required to take the applicable examinations under clauses 15 (1) (a) and (b) of Ontario Regulation 340/94 if he or she,
(a) holds a driver’s licence that authorizes the operation of that class of motor vehicle, is not subject to special conditions and restrictions and,
(i) is issued by a jurisdiction which is a party to a valid and subsisting agreement with Ontario respecting the reciprocal exchange of driver’s licences, or
(ii) is issued by Japan and is certified as valid by a Japanese diplomatic or consular official or is accompanied by a valid international driver’s permit from Japan; and
(b) surrenders that licence or permit. O. Reg. 341/94, s. 2 (5); O. Reg. 672/98, s. 1; O. Reg. 339/00, s. 1.
(6) An applicant for a Class G driver’s licence under subsection (1), (2), (4) or (5) or section 3 or an applicant for a Class M driver’s licence under subsection (1) or (4) who meets the requirements set out in section 28 of Ontario Regulation 340/94 for exemption from novice conditions is not required to take the applicable examinations under subsection 15(2) of that Regulation. O. Reg. 341/94, s. 2 (6).
(7) In addition to the requirements set out in subsections (1) to (6), an applicant for a Class A, B, C, D, E, F, G or M driver’s licence under those subsections must have held a valid driver’s licence for at least 24 months during the three years immediately before making the application. O. Reg. 341/94, s. 2 (7).
Note: On June 16, 2008, the Regulation is amended by adding the following section:
2.1 An applicant for a Class A driver’s licence shall be issued a Class A driver’s licence subject to the condition described in section 3 of Ontario Regulation 340/94 (Drivers’ Licences) made under the Act if,
(a) subsection 2 (1) or (2) of this Regulation applies to the applicant; and
(b) the applicant previously held a Class A driver’s licence issued by Ontario and the last such Class A driver’s licence held by the applicant was subject to that condition. O. Reg. 101/08, s. 1.
See: O. Reg. 101/08, ss. 1, 2.
3. (1) An applicant for a Class D, G or M driver’s licence who meets all other qualifications for the issuing of such a licence may be issued a new licence,
(a) without taking the applicable examinations under sections 15, 17 and 18 of Ontario Regulation 340/94 if he or she held a licence issued under the Act that expired within one year of the making of the application; or
(b) without taking the applicable examinations under section 15 of Ontario Regulation 340/94 if he or she held a licence issued under the Act that expired between one and three years before the making of the application. O. Reg. 341/94, s. 3 (1).
(2) An applicant for a Class A, B, C, E or F driver’s licence who meets all other qualifications for such a licence may be issued a new licence without taking the applicable examinations under clause 15 (1) (b) or (c) of Ontario Regulation 340/94 if he or she held a licence issued under the Act that expired within three years of the making of the application. O. Reg. 341/94, s. 3 (2).
(3) A holder of a Class M or M2 driver’s licence who is eligible to take a level 1 exit test to obtain a Class G2 licence and applies therefor is not required to take the applicable examinations under clause 15 (1) (a) of Ontario Regulation 340/94 if he or she applies to take the level 1 exit test within five years of being issued the Class M or M2 licence. O. Reg. 341/94, s. 3 (3).
(4) An applicant for a Class M driver’s licence may be issued the licence subject to any conditions that may be imposed if the applicant,
(a) held a valid permit for a motor assisted bicycle at any time between November 27, 2002 and November 28, 2005;
(b) held a valid driver’s licence at the same time he or she held the valid permit for the motor assisted bicycle; and
(c) applies for the licence before November 28, 2008. O. Reg. 599/05, s. 1.
4. (1) The following persons are not required to take the applicable examinations under clauses 15 (1) (a) and (b) or subsection 15 (2) of Ontario Regulation 340/94 on applying for a Class G driver’s licence:
1. The Governor General.
2. The Lieutenant Governor.
3. A representative of a foreign government who possesses a valid foreign driver’s licence at the time of application and who has taken a post in Ontario in the capacity of,
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, or
ix. consul-general, consul, vice-consul or consular agent.
4. The spouse of a representative referred to in paragraph 3 if the spouse possesses a valid foreign driver’s licence at the time of application.
4.1 The child of a representative referred to in paragraph 3 if the child possesses a valid foreign driver’s licence at the time of application.
5. A person serving or employed on the technical or support staff of a diplomatic or consular mission or high commission if 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),
iii. is assigned to duty from the foreign government being represented and not engaged locally by the mission or commission, and
iv. is the holder of a valid foreign driver’s licence at the time of application.
6. The spouse or child of any person described in paragraph 5, if the spouse or child meets the requirements set out in subparagraph ii of paragraph 5, is from a reciprocating country and possesses a valid foreign driver’s licence at the time of application.
7. A member of a force or of a civilian component of a force of one of the Contracting Parties to the North Atlantic Treaty Organization Status of Forces Agreement who,
i. has taken a post in Ontario under the Agreement,
ii. is from a reciprocating country,
iii. is not a Canadian citizen or permanent resident of Canada as defined in the Immigration Act (Canada), and
iv. is the holder of a valid driver’s licence issued by a reciprocating country at the time of application.
7.1 The spouse or child of any person described in paragraph 7, if the spouse or child meets the requirements set out in subparagraphs 7 ii, iii and iv.
8. 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 and is not engaged locally by it, and
iv. is the holder of a valid foreign driver’s licence at the time of application.
9. The spouse or child of any person described in paragraph 8 if the spouse or child meets the requirements set out in subparagraph ii of paragraph 8 and possesses a valid foreign driver’s licence at the time of application.
10. A Canadian counterpart to persons referred to in paragraphs 3 and 4 returning to Canada as a resident of Ontario from assigned duty abroad.
10.1 A Canadian counterpart to persons referred to in paragraphs 4.1, 5, 6, 7, 7.1, 8 and 9 returning to Canada as a resident of Ontario from assigned duty abroad. O. Reg. 341/94, s. 4; O. Reg. 90/00, s. 2 (1-3); O. Reg. 338/00, s. 1 (1, 2); O. Reg. 356/05, s. 1 (1).
(1.1) In addition to the requirements set out in paragraphs 4.1, 5, 6, 7, 7.1, 8, 9 and 10.1 of subsection (1), an applicant for a Class G driver’s licence under those paragraphs must hold a valid foreign driver’s licence and must have held a valid driver’s licence or a valid driver’s licence issued by another jurisdiction, or a combination of such driver’s licences, for at least 24 months during the three years immediately before making the application. O. Reg. 338/00, s. 1 (3).
(2) In this section,
“spouse” has the same meaning as in Part III of the Family Law Act. O. Reg. 356/05, s. 1 (2).
5. (1) A person described in paragraph 4.1, 5, 6, 7, 7.1, 8, 9 or 10.1 of subsection 4 (1) who has not held a valid driver’s licence as required by subsection 4 (1.1) for at least 24 months during the three years before making the application may obtain a Class G2 driver’s licence without examination, but in order to be issued a Class G driver’s licence, the person must comply with the time requirements under section 28 of Ontario Regulation 340/94 and must successfully pass the applicable level 2 exit test. O. Reg. 338/00, s. 2.
(2) A person described in subsection (1) shall be credited with the length of time he or she has held a valid driver’s licence or a valid driver’s licence issued by another jurisdiction within the three years prior to the application toward the length of time the applicant is classed as a novice driver and toward the prescribed time limits to take the level 2 exit test. O. Reg. 338/00, s. 2.
6. Omitted (revokes other Regulations). O. Reg. 341/94, s. 6.
7. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 341/94, s. 7.
