O. Reg. 503/21: AUTHORIZED REQUESTER PROGRAM
under Highway Traffic Act, R.S.O. 1990, c. H.8Skip to content
|current||July 1, 2021 – (e-Laws currency date)|
|June 30, 2021 – June 30, 2021|
Highway Traffic Act
AUTHORIZED REQUESTER PROGRAM
Historical version for the period June 30, 2021 to June 30, 2021.
Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on July 1, 2021, the day section 1 of Schedule 20 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force.
This is the English version of a bilingual regulation.
1. The following information about a person is prescribed as personal information for the purposes of section 4.2 of the Act:
1. The person’s name.
2. The person’s date of birth.
3. The person’s gender.
4. The person’s height.
5. Whether the person wears corrective lenses.
6. The person’s residential address.
7. The person’s personal telephone number.
8. The person’s Ontario photo card number.
9. The person’s driver identification number.
10. The person’s driver’s licence number.
11. The person’s previous driver’s licence number.
12. The plate number of the person’s motor vehicle and the expiry date of the plate number.
13. If the person completed a Ministry-approved beginner driver education course in Ontario, the date the course was completed.
14. If the person completed mandatory entry-level training for a Class A driver’s licence, the person’s training result and the date the training was completed.
15. The person’s driver’s test result in Ontario.
16. The number of demerit points the person has accumulated under the demerit point system.
17. Any motor vehicle collision records where the person is the driver or a passenger or was charged by the police.
18. The person’s record of convictions for the past three years relating to the person as the owner of a motor vehicle or the operator of a motor vehicle in Ontario and in any other jurisdiction with which the Ministry has a written arrangement for the collection of that information by the Ministry.
19. The person’s record of driver’s licence suspensions in Ontario and in any other jurisdiction with which the Ministry has a written arrangement for the collection of that information by the Ministry, including the following information for each suspension:
i. The code and description for the type of suspension.
ii. The suspension number.
iii. Any warnings associated with the suspension.
iv. Any conditions of the suspension.
20. If the person’s driver’s licence was reinstated after a suspension and it is subject to an ignition interlock condition, the following information:
i. The reinstatement date of the driver’s licence.
ii. The installation date of the ignition interlock device.
iii. The date that the ignition interlock condition ends.
21. The name of the insurance company and the policy number for the person’s motor vehicle.
Criteria for entering agreement
2. The following criteria are prescribed for the purposes of subsection 4.2 (3) of the Act as criteria that the Registrar shall consider in determining whether to enter into an agreement for the Registrar to disclose information to an authorized requester:
1. The authorized requester’s purpose for applying to enter into the agreement.
2. Whether the purpose of the disclosure is listed in Column 1 of the Table to subsection 4.2 (2) of the Act and whether the underlying activities to meet that purpose are authorized by law.
3. The risks and benefits of disclosing the information to the authorized requester, including the risk that the authorized requester will not keep the information confidential.
4. The authorized requester’s capacity and willingness to apply administrative, technical and physical safeguards to ensure the security and confidentiality of the information disclosed to the authorized requester.
5. Whether the authorized requester has all professional licences, certificates and other qualifications that may be required for the authorized requester to meet its purpose.
6. The authorized requester’s standing and disciplinary history with any relevant professional or regulatory associations or governing bodies.
Terms and conditions of agreement
3. The following are prescribed for the purposes of subsection 4.2 (4) of the Act as provisions that shall be included in an agreement for the Registrar to disclose information to an authorized requester:
1. A provision requiring that the information be used by the authorized requester only for a purpose listed in Column 1 of the Table to subsection 4.2 (2) of the Act.
2. A provision addressing who owns the information.
3. A provision requiring that the Ministry be granted virtual or physical access to the authorized requester’s premises, records and equipment in order to conduct an audit or investigation of the authorized requester regarding the authorized requester’s compliance with the agreement.
4. A provision requiring the authorized requester to ensure that persons employed by the authorized requester or acting on behalf of the authorized requester to access, use and disclose the information only as necessary to carry out the purposes for which the information was disclosed to the authorized requester.
5. A provision addressing the circumstances under which the authorized requester may disclose the information to third parties, including, if applicable, to a client of the authorized requester or a service provider engaged by the authorized requester.
6. A provision requiring the authorized requester to maintain the security and confidentiality of the information, including requiring the secure handling and storage of the information and addressing when the information must be destroyed.
7. A provision requiring the authorized requester to notify the Registrar in the event of any breach of the agreement by the authorized requester.
8. A provision requiring the authorized requester to attest from time to time that from the time of entering the agreement, it has been, and continues to be, in compliance with the agreement.
9. A provision setting out the codes used by the Registrar to designate the personal information.
10. A provision specifying the governing law.
Opt-out of key tag service
4. The Registrar shall comply with a request made under subsection 4.2 (6) of the Act as follows:
1. The Registrar shall maintain a current list of individuals who have made a request.
2. The Registrar shall provide to The War Amputations of Canada each year such personal information as the Registrar is authorized to disclose, other than information about individuals who have made a request.
5. Omitted (provides for coming into force of provisions of this Regulation).