Photo Card Act, 2008, S.O. 2008, c. 17

• Jurisdiction: Ontario

Photo Card Act, 2008

S.o. 2008, chapter 17

Consolidation Period: From April 19, 2021 to the e-Laws currency date.

Last amendment: 2021, c. 4, Sched. 11, s. 28.

CONTENTS

Interpretation

Definitions

1 In this Act,

“driver’s licence” has the same meaning as in the Highway Traffic Act; (“permis de conduire”)

“Minister” means the Minister of Transportation or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

“photo card” means a card issued under this Act that has on it the holder’s name and photograph and additional information about the holder that may be prescribed; (“carte-photo”)

“prescribed” means prescribed by regulations made under this Act; (“prescrit”)

“regulation” means a regulation made under this Act; (“règlement”)

“valid driver’s licence” means a driver’s licence that is not suspended, cancelled or expired. (“permis de conduire valide”) 2008, c. 17, ss. 1, 24; 2019, c. 8, Sched. 4, s. 1.

Section Amendments with date in force (d/m/y)

2008, c. 17, s. 24 - 06/03/2009

2019, c. 8, Sched. 4, s. 1 (1, 2) - 06/06/2019

Information on or embedded in a photo card

2 A reference in this Act or a regulation to a photograph or information on a photo card includes a photograph or information embedded in a photo card. 2008, c. 17, s. 2.

Issuance and Use of Photo Cards

Issuance of photo cards to non-drivers

Photo cards

3 (1) The Minister may issue a photo card to an individual who,

(a) submits an application for the photo card in accordance with the regulations;

(b) is a resident of Ontario;

(c) does not hold a valid driver’s licence; and

(d) meets any other requirements that may be prescribed. 2008, c. 17, ss. 3 (1), 25 (1); 2019, c. 8, Sched. 4, s. 2 (1).

(2) Repealed: 2019, c. 8, Sched. 4, s. 2 (2).

Section Amendments with date in force (d/m/y)

2008, c. 17, s. 25 (1, 2) - 06/03/2009

2019, c. 8, Sched. 4, s. 2 (1, 2) - 06/06/2019

4 Repealed: 2019, c. 8, Sched. 4, s. 3.

Section Amendments with date in force (d/m/y)

2008, c. 17, s. 26 - 06/03/2009

2019, c. 8, Sched. 4, s. 3 - 06/06/2019

Photograph requirement

5 The Minister may require an applicant for the issuance or renewal of a photo card to submit to being photographed by equipment provided by the Ministry. 2008, c. 17, s. 5.

Photo card, distinguishing physical feature

6 The Minister shall ensure that each photo card contains a distinguishing physical feature such that an individual, particularly a visually impaired individual, can readily locate the card and distinguish it from other cards that the individual may be carrying. 2008, c. 17, s. 6.

Photo-comparison technology

7 (1) The Minister may use photo-comparison technology to compare the photographs taken of any applicants for or holders of a photo card or driver’s licence. 2008, c. 17, s. 7 (1).

Not admissible

(2) The photo-comparison technology used by the Minister, the methodology used to compare photographs and the measurements and results used for comparison are not admissible in evidence for any purpose and cannot be required for production in a civil proceeding before a court or tribunal. 2008, c. 17, s. 7 (2).

Definition

(3) In this section,

“photo-comparison technology” means a software application that measures the characteristics of a person’s face in a photograph and compares the results of that measurement with those of other photographs. 2008, c. 17, s. 7 (3).

Fees

8 The Minister,

(a) may require that applicants for and holders of photo cards pay a fee to the Minister or to a person who provides any service for the Minister for anything done or provided by or on behalf of the Minister under this Act; and

(b) may require different fees for different circumstances and different classes of applicants and holders of photo cards. 2008, c. 17, s. 8; 2019, c. 8, Sched. 4, s. 4.

Section Amendments with date in force (d/m/y)

2019, c. 8, Sched. 4, s. 4 - 06/06/2019

Voluntary use of photo card

9 (1) The holder of a photo card may, in his or her discretion, present it in any transaction or circumstance, including any transaction or circumstance where the holder wishes to identify himself or herself. 2008, c. 17, s. 9 (1).

No requirement to have or use photo card

(2) However, a photo card is issued solely for the convenience of the holder of the photo card and there is no requirement under this or any other Act that an individual obtain or carry a photo card or that a photo card be presented or accepted. 2008, c. 17, s. 9 (2).

(3) Repealed: 2019, c. 8, Sched. 4, s. 5.

Section Amendments with date in force (d/m/y)

2019, c. 8, Sched. 4, s. 5 - 06/06/2019

Cancellation of photo card

10 (1) The Minister may cancel a photo card if,

(a) the Minister is satisfied that the photo card was used in the commission of an offence under section 13 or 15;

(b) the Minister is satisfied that the holder of the photo card committed an offence under section 13, 14 or 15;

(c) the Minister is satisfied that any information provided by the holder of a photo card under this Act is false;

(d) the Minister is satisfied that any information appearing on the photo card is incorrect; or

(e) the payment of a fee in respect of the photo card is dishonoured. 2008, c. 17, s. 10 (1).

Same

(2) The Minister may also cancel a photo card if the Minister is of the opinion that it is necessary to do so to ensure that the photo card is not used improperly, and in any circumstance that may be prescribed. 2008, c. 17, s. 10 (2).

Return of photo card

11 (1) The Minister may require the return of a photo card that was cancelled under section 10 from the holder of the photo card or other person in possession of the photo card. 2008, c. 17, s. 11 (1); 2019, c. 8, Sched. 4, s. 6.

Same

(2) A person who is required by the Minister to return a photo card shall return the photo card as specified by the Minister. 2008, c. 17, s. 11 (2).

Section Amendments with date in force (d/m/y)

2019, c. 8, Sched. 4, s. 6 - 06/06/2019

Collection and Disclosure of Information

Collection and disclosure of information

Collection by Minister

12 (1) The Minister may request and collect information from any public body or related government, as he or she considers appropriate, if the Minister considers it necessary for a purpose set out in subsection (5). 2008, c. 17, s. 12 (1).

Disclosure by Minister

(2) The Minister may disclose information to any public body or related government, as he or she considers appropriate, if the Minister considers it necessary for a purpose set out in subsection (5). 2008, c. 17, s. 12 (2).

Disclosure to Minister

(3) Upon receipt of a request for information from the Minister under subsection (1), a public body shall disclose to the Minister any information from their records that may assist the Minister with a purpose set out in subsection (5). 2008, c. 17, s. 12 (3).

Exception

(4) The Minister may not disclose under subsection (2) the measurements used for comparison of photographs as described in section 7. 2008, c. 17, s. 12 (4).

Purposes for collection and disclosure of information

(5) The only purposes for which information may be collected or disclosed under this section are the following:

1. To verify the accuracy of any information provided under this Act by an applicant for or holder of a photo card.

2. To verify the authenticity of any document provided under this Act by an applicant for or holder of a photo card.

3. To detect a false statement in any document provided under this Act by any person.

4. To detect or prevent the improper use of a photo card.

5. To detect or prevent the improper issuance or renewal of a photo card, including by conducting an audit or review of any issuance, renewal or cancellation of a photo card or the conduct of any person or entity involved in issuing, renewing or cancelling a photo card.

6. Repealed: 2019, c. 8, Sched. 4, s. 7.

7. To provide a public body or related government with the information that the Minister believes is necessary to assist it with a purpose similar to...