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O. Reg. 172/22: VEHICLE PERMITS
filed March 10, 2022 under Highway Traffic Act, R.S.O. 1990, c. H.8
Skip to contentontario regulation 172/22
made under the
Highway Traffic Act
Made: March 10, 2022
Filed: March 10, 2022
Published on e-Laws: March 10, 2022
Printed in The Ontario Gazette: March 26, 2022
Amending Reg. 628 of R.R.O. 1990
(VEHICLE PERMITS)
1. (1) Subsection 1 (1) of Regulation 628 of the Revised Regulations of Ontario, 1990 is amended by adding the following definitions:
“accessible vehicle” means a passenger vehicle, other than a bus,
(a) that is designed or modified to be used for the purpose of transporting persons with disabilities and is used for that purpose, whether or not the vehicle is also used to transport persons without disabilities, and
(b) that is operated,
(i) for compensation by, for or on behalf of any person, club, agency or organization, or
(ii) not for compensation by, for or on behalf of any person, club, agency or organization that holds itself out as providing a transportation service to persons with disabilities; (“véhicule accessible”)
“annual inspection certificate” has the same meaning as in Ontario Regulation 170/22 (Vehicle Inspection Centres) made under the Act; (“certificat d’inspection annuelle”)
(2) Subsection 1 (1) of the Regulation is amended by adding the following definition:
“emissions inspection certificate” has the same meaning as in Ontario Regulation 170/22 (Vehicle Inspection Centres) made under the Act; (“certificat d’inspection des émissions”)
(3) The definition of “heavy diesel commercial motor vehicle” in subsection 1 (1) of the Regulation is revoked.
(4) The definition of “reassembled motor vehicle” in subsection 1 (1) of the Regulation is revoked.
(5) Subsection 1 (1) of the Regulation is amended by adding the following definitions:
“safety standards certificate” has the same meaning as in Ontario Regulation 170/22 (Vehicle Inspection Centres); (“certificat de sécurité”)
“school purposes vehicle” means a passenger vehicle, other than a bus, that is operated by or under contract with a school board or other authority in charge of a school for the transportation of adults with a developmental disability or children; (“véhicule à usage scolaire”)
“semi-annual inspection certificate” has the same meaning as in Ontario Regulation 170/22 (Vehicle Inspection Centres) made under the Act; (“certificat d’inspection semi-annuelle”)
(6) Subsection 1 (1) of the Regulation is amended by adding the following definition:
“spouse” has the same meaning as in Part III of the Family Law Act; (“conjoint”)
(7) The definition of “vehicle emissions report” in subsection 1 (1) of the Regulation is revoked and the following substituted:
“vehicle emissions report” means a vehicle emissions report issued under Ontario Regulation 457/19 (Vehicle Emissions) made under the Environmental Protection Act, as it read immediately before it was revoked; (“rapport des émissions du véhicule”)
(8) The definition of “vehicle emissions report” in subsection 1 (1) of the Regulation, as remade by subsection (7), is revoked.
2. (1) Subsection 2 (1) of the Regulation is revoked and the following substituted:
(1) A permit for a used motor vehicle or a motor vehicle classified as salvage or rebuilt shall not be issued unless,
(a) a safety standards certificate was issued upon an inspection of the vehicle that was completed within the preceding 36 days; and
(b) if the application is in respect of a heavy diesel commercial motor vehicle,
(i) a vehicle emissions report indicating a pass was issued upon an inspection of the vehicle that was completed within the preceding 12 months, or
(ii) an emissions inspection certificate was issued upon an inspection of the vehicle that was completed within the preceding 12 months.
(2) Subsections 2 (8) and (9) of the Regulation are revoked and the following substituted:
(8) Where a permit marked “unfit motor vehicle” has been issued for a vehicle, nothing in subsection (2) shall be construed so as to allow a permit that is not marked “unfit motor vehicle” to be issued for the vehicle unless a safety standards certificate was issued upon an inspection of the vehicle that was completed within the preceding 36 days.
(9) Where the Ministry is not satisfied that a certificate or report referred to in clause (1) (b) has been issued in respect of a vehicle, the vehicle portion of a permit may be issued, but no number plates shall be attached to the vehicle and no evidence of validation for the permit shall be issued until the requirement set out in clause (1) (b) is met.
(3) Subsection 2 (10.1) of the Regulation is revoked and the following substituted:
(10.1) Despite anything in this section, a permit or evidence of validation may be issued without the report or certificate referred to in clause (1) (b) if a determination is made that it was not reasonably possible to test the vehicle’s emissions, where the determination is made,
(a) before July 1, 2022, by the Director, within the meaning of the Environmental Protection Act; or
(b) on or after July 1, 2022, by the Director of Vehicle Inspection Standards appointed under section 100.2 of the Act.
(4) Section 2 of the Regulation, as amended by subsections (1) to (3), is revoked and the following substituted:
2. (1) Number plates shall not be approved for use on a motor vehicle and evidence of validation shall not be issued for a number plate unless the motor vehicle’s permit indicates a fit status.
(2) Where a safety standards certificate, annual inspection certificate, semi-annual inspection certificate or emissions inspection certificate is required under section 2.0.1, 2.0.2 or 2.1 for issuance of a permit that indicates a fit status and the requirement is not fulfilled, a permit indicating an unfit status may be issued.
(3) The Ministry may place a vehicle’s permit into an unfit status if,
(a) number plates have been removed from a vehicle by a police officer or provincial offences officer pursuant to statutory authority to seize number plates; or
(b) the Registrar of Motor Vehicles has classified the vehicle as irreparable or salvage under section 199.1 of the Act.
(4) Where a permit indicating an unfit status has been issued for a motor vehicle or the Ministry’s records indicate that a vehicle is unfit, a permit with a fit status shall be not issued for the vehicle unless the requirements of section 2.0.1, 2.0.2 or 2.1 for the issuance of a permit indicating a fit status are fulfilled.
2.0.1 (1) This section does not apply to motor assisted bicycles or to motor vehicles to which section 2.0.2 or 2.1 applies.
(2) A permit indicating a fit status shall not be issued for a used motor vehicle unless a safety standards certificate was issued upon an inspection of the vehicle that was completed within the preceding 36 days.
(3) Subsection (2) does not apply,
(a) where the applicant is the spouse or the estate of the person who is registered in Ontario as the owner of the vehicle or the spouse of the person whose estate is registered in Ontario as the owner of the vehicle;
(b) where the applicant is a motor vehicle dealer who is registered under the Motor Vehicle Dealers Act, 2002, other than a dealer registered as a broker;
(c) where the applicant is a motor vehicle dealer who is exempted from the Motor Vehicle Dealers Act, 2002 and its regulations under paragraph 18, 19 or 21 of subsection 2 (1) of Ontario Regulation 333/08 (General) made under that Act;
(d) to an application for a permit for a motor vehicle that has been operated 6,000 kilometres or less and for which a permit has been issued under section 7 of the Act in the name of a motor vehicle dealer described in clause (b) or (c) and has not been in the name of a person other than such a dealer;
(e) to an application for a permit for a motor vehicle that is registered in another jurisdiction, where the applicant has, within the preceding 12 months, been the holder of a currently validated permit that was issued for the vehicle by the Province of Ontario; or
(f) to an application in respect of a vehicle being transferred by one leasing company to another leasing company and, at the time of the transfer, the vehicle is in the possession of a lessee under a lease agreement.
2.0.2 (1) This section applies to a motor vehicle, other than an accessible vehicle, a school purposes vehicle or a vehicle to which section 2.1 applies, that is required under a regulation made under section 87 of the Act to display an annual inspection sticker or a semi-annual inspection sticker.
(2) A permit indicating a fit status shall not be issued for a new or used motor vehicle to which this section applies unless,
(a) an annual inspection certificate or a semi-annual inspection certificate was issued upon an inspection of the vehicle that was completed within the preceding 36 days; and
(b) in the case of a vehicle that operates on diesel fuel, an emissions inspection certificate was issued upon an inspection of the vehicle that was completed within the preceding 12 months.
(3) Clause (2) (b) does not apply in respect of a motor vehicle before the seventh calendar year after the vehicle’s model year.
(4) Subsection (2) does not apply,
(a) where the applicant is the spouse or the estate of the person who is registered in Ontario as the owner of the vehicle or the spouse of the person whose estate is registered in Ontario as the owner of the vehicle;
(b) where the applicant is a motor vehicle dealer who is registered under the Motor Vehicle Dealers Act, 2002, other than a dealer registered as a broker;
(c) where the applicant is a motor vehicle dealer who is exempted from the Motor Vehicle Dealers Act, 2002 and its regulations under paragraph 18, 19 or 21 of subsection 2 (1) of Ontario Regulation 333/08 (General) made under that Act;
(d) to an application for a permit for a motor vehicle that has been operated 6,000 kilometres or less and for which a permit has been issued under section 7 of the Act in the name of a motor vehicle dealer described in clause (b) or (c) and has not been in the name of a person other than such a dealer; or
(e) to an application in respect of a vehicle being transferred by one leasing company to another leasing company if, at the time of the transfer, the vehicle is in the possession of a lessee under a lease agreement.
3. Section 2.1 of the Regulation is revoked and the following substituted:
2.1 (1) A motor vehicle classified as salvage under subsection 199.1 (10) or (11) of the Act shall not be reclassified as rebuilt unless a structural inspection certificate was issued after its classification as salvage.
(2) Where a motor vehicle was registered in another jurisdiction with the classification of rebuilt or an equivalent classification, the motor vehicle shall not be classified as rebuilt in Ontario unless a structural inspection certificate was issued after the event that resulted in the need for it to be rebuilt.
(3) A motor vehicle that has been classified or reclassified as rebuilt under subsection (1) or (2) shall not be eligible for the issuance of a vehicle permit indicating a fit status unless,
(a) if the motor vehicle is required by a regulation made under section 87 of the Act to display an annual inspection sticker or a semi-annual inspection sticker,
(i) the sticker was issued upon an inspection of the vehicle that was completed within the preceding 36 days, and
(ii) in the case of a vehicle that operates on diesel fuel, an emissions inspection certificate was issued upon an inspection of the vehicle that was completed within the preceding 12 month; and
(b) if the motor vehicle is not required by a regulation made under section 87 of the Act to display an annual inspection sticker or a semi-annual inspection sticker, a safety standards certificate was issued upon an inspection of the vehicle that was completed within the preceding 36 days.
4. Subsection 5.2 (4) of the Regulation is revoked and the following substituted:
(4) Temporary validation shall not be issued for a motor vehicle if the permit for the motor vehicle indicates an unfit status or, in the case of a permit issued by another jurisdiction, the equivalent of unfit in that jurisdiction.
5. (1) Subsection 8.2 (2) of the Regulation is revoked and the following substituted:
(2) Despite anything in this Regulation, no motor vehicle permit shall be renewed, and no evidence of validation, other than evidence of temporary validation, shall be issued in respect of a heavy diesel commercial motor vehicle, unless one of the following was issued in respect of the vehicle within the time described in subsection (2.1):
1. A vehicle emissions report indicating a pass.
2. An emissions inspection certificate.
(2.1) A certificate or report described in paragraph 1 or 2 subsection (2) must have been issued upon an inspection of the vehicle that was completed within 12 months before the permit expired or, if the application for renewal is made after the expiry of the permit, within 12 months before the application for renewal.
(2) Subsection 8.2 (5) of the Regulation is revoked and the following substituted:
(5) Despite anything in this section, a permit may be renewed or validated without a certificate or report referred to in subsection (2) if a determination is made that it was not reasonably possible to test the vehicle’s emissions, where the determination is made,
(a) before July 1, 2022, by the Director, within the meaning of the Environmental Protection Act; or
(b) on or after July 1, 2022, by the Director of Vehicle Inspection Standards appointed under section 100.2 of the Act.
(3) Section 8.2 of the Regulation, as amended by subsections (1) and (2), is revoked and the following substituted:
8.2 (1) This section applies to a motor vehicle, other than an accessible vehicle or a school purposes vehicle, that is required to display an annual inspection sticker or a semi-annual inspection sticker by a regulation made under section 87 of the Act.
(2) Despite anything in this Regulation, no motor vehicle permit shall be renewed and no evidence of validation, other than evidence of temporary validation, shall be issued in respect of a motor vehicle to which this section applies unless one of the following applies to the motor vehicle:
1. An annual inspection certificate was issued upon an inspection of the vehicle that was completed within 12 months before the permit expired or, if the application for renewal is made after the expiry of the permit, within 12 months before the application for renewal.
2. A semi-annual inspection certificate was issued upon an inspection of the vehicle that was completed within six months before the permit expired or, if the application for renewal is made after the expiry of the permit, within six months before the application for renewal.
3. The vehicle carries or displays evidence of compliance that exempts it, pursuant to a regulation made under section 87 of the Act, from section 85 of the Act, and the evidence of compliance is valid at the time that the permit expired or, if the application for renewal is made after the expiry of the permit, at the time of the application for renewal.
(3) In addition to the requirements set out in subsection (2), if a motor vehicle operates on diesel fuel, an emissions inspection certificate must have been issued for a vehicle,
(a) in the case of a vehicle described in paragraph 1 or 2 of subsection (2),
(i) before the annual inspection certificate or semi-annual inspection certificate was issued, and
(ii) within 12 months before the permit expired or, if the application for renewal is made after the expiry of the permit, within 12 months before the application for renewal; and
(b) in the case of a vehicle described in paragraph 3 of subsection (2), within 12 months before the permit expired or, if the application for renewal is made after the expiry of the permit, within 12 months before the application for renewal.
(4) Subsection (3) does not apply in respect of a motor vehicle before the seventh calendar year after the vehicle’s model year.
6. The Regulation is amended by adding the following section:
8.4 A requirement in this Regulation for an emissions inspection certificate does not apply if a determination is made by the Director of Vehicle Inspection Standards appointed under section 100.2 of the Act that it was not reasonably possible to test the vehicle’s emissions.
7. (1) Clause 10 (1) (c) of the Regulation is revoked and the following substituted:
(c) in the case of a used motor vehicle,
(i) a safety standards certificate issued upon an inspection of the vehicle that was completed within the preceding 36 days, or
(ii) an annual inspection certificate or a semi-annual inspection certificate issued upon an inspection of the vehicle that was completed within the preceding 36 days.
(2) Subsection 10 (3) of the Regulation is revoked and the following substituted:
(3) Clause (1) (c) does not apply where a safety standards certificate, annual inspection certificate or semi-annual inspection certificate would not be required under section 2 or 2.0.2 in order to obtain a permit indicating a fit status.
(3) Subsection 10 (4.1) of the Regulation is amended by striking out “clause 2 (2) (c.1) or (c.2)” at the end and substituting “clause 2.0.1 (3) (c) or clause 2.0.2 (4) (c).”
8. (1) Subsection 12 (7) of the Regulation is revoked and the following substituted:
(7) A special permit shall not be issued for a motor vehicle or trailer if the permit for the motor vehicle or trailer indicates an unfit status or, in the case of a permit issued by another jurisdiction, the equivalent of unfit in that jurisdiction.
(2) Subsection 12 (13) of the Regulation is amended by striking out “Section 2 does not apply” at the beginning and substituting “Sections 2.0.1 and 2.0.2 do not apply”.
9. Clause 13 (1) (b) of the Regulation is amended by striking out “clause 2 (2) (c.1) or (c.2)” at the end and substituting “clause 2.0.1 (3) (c) or clause 2.0.2 (4) (c).”
10. Subclause 13.2 (1) (b) (ii) of the Regulation is amended by striking out “clause 2 (2) (c.1) or (c.2)” at the end and substituting “clause 2.0.1 (3) (c) or clause 2.0.2 (4) (c).”
11. Item 28 of the Table to subsection 17 (1) is revoked and the following substituted:
|
28. |
For a permit for a motor vehicle or trailer that is issued to a motor vehicle dealer referred to in clause 2.0.1 (3) (c) or clause 2.0.2 (4) (c), where the vehicle for which the permit is issued is held for resale |
5 |
5 |
5 |
Commencement
12. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.
(2) Subsection 1 (7) comes into force on July 1, 2022.
(3) Subsections 1 (1), (3), (5), (6), (8), and 2 (4), sections 3 and 4, subsection 5 (3) and sections 6 to 11 come into force on August 1, 2024.
(4) Subsections 1 (2) and (4), 2 (1), (2) and (3), and 5 (1) and (2) come into force on the later of the day section 35 of the Transportation Statute Law Amendment Act (Making Ontario’s Roads Safer), 2015 comes into force and the day this Regulation is filed.