ontario regulation 194/26

made under the

Towing and Storage Safety and Enforcement Act, 2021

Made: June 18, 2026
Filed: June 22, 2026
Published on e-Laws: June 22, 2026
Published in The Ontario Gazette: July 11, 2026

Amending O. Reg. 167/23

(GENERAL)

1. (1) Clauses 1 (3) (c) and (d) of Ontario Regulation 167/23 are revoked and the following substituted:

(c)  either of them, directly or indirectly, controls or controlled or manages or managed the other;

(d)  they have or have had common officers or directors or they are or have been controlled or managed, directly or indirectly, by the same persons; or

(e)  either of them is a corporation and the other is a shareholder in the corporation.

(2) The English version of subsection 1 (6) of the Regulation is amended by striking out “Where” at the beginning and substituting “If”.

2. (1) Clause 2 (a) of the Regulation is amended by striking out “or” at the end of subclause (ii), by adding “or” at the end of subclause (iii) and by adding the following subclause:

(iv)  section 467.11, 467.111, 467.12 or 467.13;

(2) Section 2 of the Regulation is amended by adding the following clause:

(a.1)  the person has been convicted or found guilty in the preceding two years of an offence under section 129 or 139 of the Criminal Code (Canada), or of a comparable offence in another jurisdiction;

(3) Section 2 of the Regulation is amended by adding the following subsections:

(2) For the purposes of this Regulation, a person has a disqualifying record of convictions or charges if the person has been convicted or found guilty of an offence under section 463, 464 or 465 of the Criminal Code (Canada), or of a comparable offence in another jurisdiction, in relation to an offence described in subsection (1),

(a)  at any time, in the case of an offence described in clause (1) (a);

(b)  within the preceding two years, in the case of an offence described in clause (1) (a.1);

(c)  within the preceding five years, in the case of an offence described in clause (1) (b); or

(d)  within the preceding ten years, in the case of an offence described in clause (1) (c).

(3) For the purposes of this Regulation, a person has a disqualifying record of convictions or charges during the following periods:

1.  A period when the person is confined in a correctional institution or a penitentiary.

2.  Any other period when the person is otherwise detained in lawful custody under a court order.

(4) Paragraph 2 of subsection (3) applies in respect of an inmate who is on a temporary leave but does not apply to a young person within the meaning of the Youth Criminal Justice Act (Canada).

(5) For greater certainty, a person does not have a disqualifying record of convictions or charges solely because the person was previously confined in a correctional institution or penitentiary, or otherwise lawfully detained, after the person ceases to be confined or detained.

(6) In this section,

“correctional institution” has the same meaning as in the Ministry of Correctional Services Act; (“établissement correctionnel”)

“inmate” has the same meaning as in the Ministry of Correctional Services Act; (“détenu”)

“penitentiary” has the same meaning as in the Corrections and Conditional Release Act (Canada). (“pénitencier”)

(4) Subsection 2 (6) of the Regulation, as made by subsection (3), is amended by striking out “Ministry of Correctional Services Act” wherever it appears and substituting in each case “Correctional Services and Reintegration Act, 2018”.

3. (1) The English version of subsection 6 (1) of the Regulation is amended by striking out “Where” at the beginning and substituting “If”.

(2) The English version of subsection 6 (3) of the Regulation is amended by striking out “where” and substituting “if”.

4. Subsection 7 (2) of the Regulation is amended by striking out “2026” and substituting “2027”.

5. (1) Section 8 of the Regulation is amended by adding the following paragraph:

5.1  The applicant has not employed or engaged a person who contravened a provision referred to in paragraph 5 during the period of employment or engagement.

(2) Paragraphs 8 and 9 of section 8 of the Regulation are revoked and the following substituted:

8.  The applicant has not been refused a municipal towing business licence, nor has had any such licence suspended, revoked or cancelled.

9.  The applicant has not been refused a certificate under the Act, nor has had any such certificate suspended or cancelled.

6. Paragraphs 1 and 2 of subsection 9 (3) of the Regulation are amended by striking out “paragraph 5” wherever it appears and substituting in each case “paragraph 5, 5.1”.

7. The English versions of subsections 10 (2) and (3) of the Regulation are amended by striking out “Where” wherever it appears and substituting in each case “If”.

8. Subsection 12 (1) of the Regulation is revoked and the following substituted:

(1) A tow operator shall ensure that for each tow truck it operates,

(a)  a copy of the tow certificate is kept in the tow truck;

(b)  the tow operator’s name is,

(i)  prominently displayed on both sides of the tow truck as close as possible to the centre of each front door, and

(ii)  legible and clearly visible in a colour that contrasts sharply with the background; and

(c)  the tow operator’s certificate number is,

(i)  prominently displayed, legible and clearly visible on both sides of the tow truck, and

(ii)  if the tow truck is a pick-up truck with a tailgate, displayed on the tailgate in block numerals that are not less than 7.5 centimetres in height and in a colour that contrasts sharply with the background.

9. Paragraph 4.1 of subsection 13 (2) of the Regulation is amended by striking out “where” and substituting “if”.

10. The English version of clause 14 (1) (c) of the Regulation is amended by striking out “where” at the beginning and substituting “if”.

11. (1) The English version of paragraph 3 of subsection 15 (1) of the Regulation is amended by striking out “Where” at the beginning and substituting “If”.

(2) Paragraphs 10 and 11 of subsection 15 (1) of the Regulation are revoked and the following substituted:

10.  The applicant has not been refused a municipal tow truck driver licence, nor has had any such licence suspended, revoked or cancelled.

11.  The applicant has not been refused a certificate under the Act, nor has had any such  certificate suspended or cancelled.

(3) The English version of subsection 15 (6) of the Regulation is amended by striking out “Where” at the beginning and substituting “If”.

12. The English version of subsections 17 (2) and (3) of the Regulation are amended by striking out “Where” wherever it appears and substituting in each case “If”.

13. Paragraph 2 of subsection 19 (2) of the Regulation is amended by striking out “where” and substituting “if”.

14. (1) The English version of subsection 21 (8) of the Regulation is amended by striking out “Where” at the beginning and substituting “If”.

(2) Section 21 of the Regulation is amended by adding the following subsections:

(9) Every tow operator shall ensure that no person employed or engaged by the operator to provide a towing service or attend the scene of a towing service has been refused a certificate under the Act or has had any such certificate suspended or cancelled.

(10) Subsection (9) does not apply in respect of a person who, after being refused a certificate or having a certificate suspended or cancelled, has subsequently obtained a valid certificate under the Act.

15. (1) The English version of subsection 22 (1) of the Regulation is amended by striking out “Where” at the beginning and substituting “If”.

(2) Subsection 22 (1) of the Regulation is amended by adding “unless otherwise directed by a police officer” at the end.

(3) Subsection 22 (2) of the Regulation is amended by adding “and, if applicable, whether a police officer directed the tow truck driver not to take or to cease taking photographs” at the end.

16. (1) Section 23 of the Regulation is amended by adding the following paragraph:

5.1  The applicant has not employed or engaged a person who contravened a provision referred to in paragraph 5 during the period of employment or engagement.

(2) Paragraphs 8 and 9 of section 23 of the Regulation are revoked and the following substituted:

8.  The applicant has not been refused a municipal towing or vehicle storage business licence, nor has had any such licence suspended, revoked or cancelled.

9.  The applicant has not been refused a certificate under the Act, nor has had any such certificate suspended or cancelled.

17. (1) Paragraphs 1 and 2 of subsection 24 (1) of the Regulation are amended by striking out “1, 2, 3, 4, 11 or 14” wherever it appears and substituting in each case “1, 2, 3 or 4”.

(2) Paragraphs 1 and 2 of subsection 24 (3) of the Regulation are amended by striking out “paragraph 5” wherever it appears and substituting in each case “paragraph 5, 5.1”.

18. The English version of subsections 25 (2) and (3) of the Regulation are amended by striking out “Where” wherever it appears and substituting in each case “If”.

Commencement

19. (1) Except as otherwise provided in this section, this Regulation comes into force on the later of July 1, 2026 and the day this Regulation is filed.

(2) Subsection 2 (4) comes into force on the later of the day section 2 of Schedule 2 to the Correctional Services Transformation Act, 2018 comes into force and the day this Regulation is filed.