EXPLANATORY NOTE
This Explanatory Note was written as a reader’s aid to Bill 282 and does not form part of the law. Bill 282 has been enacted as Chapter 26 of the Statutes of Ontario, 2021.
Schedule 1
Highway Traffic Act
The Schedule amends the Highway Traffic Act. The major elements of the Schedule are set out below.
The Act is amended with respect to motor assisted bicycles and power-assisted bicycles. The definition of “power-assisted bicycle” is amended to set out three different types of power-assisted bicycles. The Schedule also changes the minimum age for operating bicycle-style power-assisted bicycles from 16 to 14. Related amendments are also made.
The Act is also amended to provide that an automated street car enforcement system may be used respecting the offence of passing a street car under section 166. The owner of a motor vehicle is not subject to conviction or penalty as an owner in respect of an alleged contravention of section 166 except on the basis of evidence obtained through the use of an automated street car enforcement system. An owner of a motor vehicle convicted as an owner on the basis of evidence obtained through the use of an automated street car enforcement system is not liable to a driver’s licence suspension under section 46 as a result of default in payment of a fine resulting from that conviction. The driver of a motor vehicle convicted as a driver of an offence under section 166 on the basis of evidence obtained through the use of an automated street car enforcement system is not liable to imprisonment or to a probation order under subsection 72 (1) of the Provincial Offences Act as a result of that conviction or as a result of default in payment of a fine resulting from that conviction.
The Act is amended with respect to racing motor vehicles on highways and includes the following amendments:
1. Subsection 172 (2) is amended to require a mandatory licence suspension if convicted of an offence under subsection 172 (1).
2. Section 172 is amended to change the duration of the administrative impoundment of a vehicle from seven days to 14 days and to change the duration of a licence suspension from seven days to 30 days.
3. Sections 199 and 200 are amended to specify that, among other things, accidents involving a vehicle’s door coming into contact with a cyclist, bicycle or moving vehicle must be reported to the nearest police officer.
4. Clause 214.1 (7) (b) is added to provide that a penalty for racing in a community safety zone shall include the suspension of a person’s licence.
Various other amendments are made to the Act, including amendments to,
(a) establish that the rate of speed on a highway not within a local municipality or within a built-up area is 80 kilometres per hour;
(b) permit an officer appointed for carrying out the provisions of the Act to direct traffic;
(c) permit the use of automated flagger assistance devices and impose requirements on drivers relating to such devices; and
(d) permit a police officer or an officer appointed for carrying out the provisions of the Act to prohibit a driver from driving a commercial motor vehicle on a highway in the specified circumstances.
Schedule 2
Metrolinx Act, 2006
The Schedule amends the definition of GO Transit in the Metrolinx Act, 2006 to provide that the term means the Greater Toronto Transit Authority that was continued under the GO Transit Act, 2001, as it read immediately before August 24, 2006.
Schedule 3
Towing and Storage Safety and Enforcement Act, 2021
The Schedule enacts the Towing and Storage Safety and Enforcement Act, 2021, which regulates the provision of towing services and vehicle storage services, as defined in section 1 of the Act. The provision of any such services requires certification by the Director of Towing and Vehicle Storage Standards appointed under the Act. The Act provides for different categories of certificates for tow truck drivers, tow operators and vehicle storage operators, all as defined in the Act. (Sections 1 to 10 of the Act)
Certificate holders are subject to the requirements and standards respecting towing services and vehicle storage services that are set out in the Act and that may be specified by regulations made under the Act by the Lieutenant Governor in Council. These include requirements and standards respecting the operational aspects of providing towing services and vehicle storage services, such as equipment, maintenance and record keeping. Prohibited practices may also be specified by regulations made under the Act. (Sections 11 to 18 of the Act)
The Act separately sets out requirements, standards and prohibitions to address the protection of users of towing services and vehicle storage services, and more may be added by regulation. These include requirements to obtain consent before providing towing services or vehicle storage services, requirements respecting estimates and invoices, rules about amounts that may be charged for towing services or vehicle storage services and prohibitions on coercion and misrepresentation. Complaints concerning conduct that may not comply with the Act or the regulations may be made to the Director. (Sections 19 to 37 of the Act) The Act also sets out specific rules respecting the provision of towing services at collision scenes. (Sections 38 and 39 of the Act)
The Act provides for the designation of highways or parts of highways as restricted towing zones, in which only authorized certificate holders may provide towing services. (Sections 40 to 43 of the Act) The Act also provides that one or more dispatch services may be designated by the regulations for the purpose of governing the dispatching of tow trucks, and that specified persons would be required to use any such dispatch service. (Section 44 of the Act)
The Act provides for the imposition of administrative penalties in the event of non-compliance with the Act or the regulations, as well as offence provisions with related penalties. (Sections 45 to 48 of the Act)
A Director of Towing and Vehicle Storage Standards, with specified powers and duties, may be appointed for the purposes of the Act. (Sections 49 to 52 of the Act) The Director may in turn appoint inspectors for enforcement purposes. The Act sets out the inspection powers that apply. (Sections 53 and 54 of the Act)
The remaining provisions of the Act address various miscellaneous matters, including forms, electronic means and formats, evidentiary matters, protections against personal liability and transitional rules. (Sections 55 to 63 of the Act) Regulation-making powers are set out in section 64. Finally, a number of consequential amendments are made to other Acts. (Sections 65 to 68 of the Act) The main body of the Act comes into force on a day to be named by proclamation of the Lieutenant Governor. (Section 69 of the Act)