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O. Reg. 504/21: DRIVERS' LICENCES

filed June 30, 2021 under Highway Traffic Act, R.S.O. 1990, c. H.8

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ontario regulation 504/21

made under the

Highway Traffic Act

Made: June 24, 2021
Filed: June 30, 2021
Published on e-Laws: June 30, 2021
Printed in The Ontario Gazette: July 17, 2021

Amending O. Reg. 340/94

(DRIVERS’ LICENCES)

1. Clause 15 (1) (e) of Ontario Regulation 340/94 is amended by striking out “21.1 or 21.2” and substituting “21.1, 21.2 or 21.3”.

2. Clause 18 (4) (d) of the Regulation is amended by striking out “either” and substituting “each”.

3. Section 19 of the Regulation is amended by striking out “sections 21.1 and 21.2” and substituting “sections 21.1, 21.2 and 21.3”.

4. (1) Subclause 21.2 (1) (b) (iii) of the Regulation is amended by adding “safely” after “drive” in the portion before sub-subclause (A).

(2) Subclause 21.2 (1) (b) (v) of the Regulation is revoked and the following substituted:

(v)  did not have his or her driver’s licence under suspension at any time within the preceding five years pursuant to section 48, 48.0.1, 48.0.2, 48.0.3, 48.0.4, 48.1, 48.2.1, 48.2.2, 48.3, 48.3.1, 53, 78 or 78.1, 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  

(3) Subclause 21.2 (1) (b) (vi) of the Regulation is revoked and the following substituted:

(vi)  was not, during any period of time within the preceding five years that he or she was unable to meet the requirements of clause 18 (2) (b), involved in a collision the circumstances of which also gave rise to a conviction for contravening or failing to comply with section 128, 130, 136, 138, 140, 141, 147, 148, 154, 156, 158, 172 or 175 of the Act.

(4) Subsection 21.2 (2) is revoked and the following substituted:

(2) The Minister may revoke a waiver given under subsection (1) at any time and for any sufficient reason including the following:

1.  The holder no longer meets the requirements of subclause (1) (b) (i), (iii), (iv), (v) or (vi) or does not satisfy new conditions or requirements under this section.

2.  The holder has been involved in a collision and the Minister has reviewed the circumstances of the collision and determined that revoking the waiver is in the interests of road safety.

(2.1) The Minister may require a holder to whom a waiver has previously been given to reapply for the waiver.

(2.2) It is a condition of a driver’s licence for which the holder has received a waiver under subsection (1) that the holder provide information about his or her driving to the Minister, in the format required, including information about the distance that he or she has driven.

(5) Subsection 21.2 (3) of the Regulation is amended by adding “safely” after “drive”.

5. The Regulation is amended by adding the following section:

21.3 (1) The Minister may waive the qualifications set out in clauses 18 (3) (a) and (b) and 18 (4) (d) and (e), for an applicant for or a holder of a Class A, C, D or F 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 a visual acuity as measured by Snellen Rating, with or without corrective lenses, that,

(A)  is not poorer than 20/30 with both eyes open and examined together, or

(B)  if the applicant has vision in only one eye, is not poorer than 20/30 in the one eye,

(iii)  subject to subsection (2), has a horizontal visual field of,

(A)  at least 120 continuous degrees as measured along the horizontal meridian and at least 15 continuous degrees above and below fixation, with both eyes open and examined together, or

(B)  if the applicant has vision in only one eye, has the horizontal visual field described in sub-subclause (A) in the one eye,

(iv)  has held a valid Class G driver’s licence, or a driver’s licence of an equivalent class, for at least the two years immediately preceding the application,

(v)  has not been able to meet the qualifications set out in clauses 18 (3) (a) and (b) and 18 (4) (d) and (e) for a period of at least one year immediately preceding the application,

(vi)  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,

(vii)  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,

(C)  hypotension, or

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

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

(ix)  did not have his or her driver’s licence under suspension at any time within the preceding five years pursuant to section 48, 48.0.1, 48.0.2, 48.0.3, 48.0.4, 48.1, 48.2.1, 48.2.2, 48.3, 48.3.1, 53, 78 or 78.1, 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

(x)  was not, during any period of time within the preceding five years that he or she was unable to meet the requirements of clause 18 (3) (a) or (b) or 18 (4) (d) or (e), involved in a collision the circumstances of which also gave rise to a conviction for contravening or failing to comply with section 128, 130, 136, 138, 140, 141, 147, 148, 154, 156, 158 or 172 or 175 of the Act

(2) Despite subclause (1) (b) (iii), the Minister may grant a waiver under subsection (1) where the Minister is satisfied that the applicant has a horizontal visual field that is not 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 safely.

(3) The Minister may revoke a waiver given under subsection (1) at any time and for any sufficient reason including the following:

1.  The holder no longer satisfies the conditions or requirements under this section or does not satisfy new conditions or requirements under this section.

2.  The holder has been involved in a collision and the Minister has reviewed the circumstances of the collision and determined that revoking the waiver is in the interests of road safety.

(4) The Minister may require a holder to whom a waiver has previously been granted to reapply for the waiver.

(5) It is a condition of a driver’s licence for which the holder has received a waiver under subsection (1) that the holder provide information about his or her driving to the Minister in the format required, including information about the distance that he or she has driven.

Commencement

6. This Regulation comes into force on the later of July 1, 2021 and the day it is filed.

 

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