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O. Reg. 170/22: VEHICLE INSPECTION CENTRES

under Highway Traffic Act, R.S.O. 1990, c. H.8

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Versions
current April 1, 2022 (e-Laws currency date)
March 10, 2022 March 31, 2022

Highway Traffic Act

ONTARIO REGULATION 170/22

VEHICLE INSPECTION CENTRES

Historical version for the period March 10, 2022 to March 31, 2022.

No amendments.

This is the English version of a bilingual regulation.

Note: Sections 1 to 11 come into force on April 1, 2022, the day section 35 of the Transportation Statute Law Amendment Act (Making Ontario’s Roads Safer), 2015 comes into force.

Definitions

1. In this Regulation,

“annual inspection certificate”, except in sections 10 and 11, means a form of verification issued annually by a vehicle inspection centre that a vehicle to which section 85 of the Act applies is in compliance with the inspection requirements and performance standards established by a directive made under section 100.7 of the Act; (“certificat d’inspection annuelle”)

“Director”, except in section 10, means the Director of Vehicle Inspection Standards appointed under section 100.2 of the Act; (“directeur”)

“emissions inspection certificate” means proof that an inspection of a vehicle’s emissions control system was conducted in accordance with the inspection requirements set out in a directive made by the Director under section 100.7 of the Act and that the equipment and performance standards of that directive were met; (“certificat d’inspection des émissions”)

“safety standards certificate” includes an annual inspection certificate and a semi-annual inspection certificate; (“certificat de sécurité”)

“semi-annual inspection certificate”, except in sections 10 and 11, means a form of verification issued semi-annually by a vehicle inspection centre that a vehicle to which section 85 of the Act applies is in compliance with the inspection requirements and performance standards established by a directive made under section 100.7 of the Act; (“certificat d’inspection semi-annuelle”)

“structural inspection certificate”, except in sections 10 and 11, means a form of verification that a vehicle that was classified as a salvage motor vehicle pursuant to Ontario Regulation 376/02 (Classification of Vehicles as Irreparable, Salvage and Rebuilt) made under the Act has been rebuilt, and that the vehicle is in compliance with the inspection requirements and performance standards established by a directive made under section 100.7 of the Act. (“certificat d’inspection structurelle”)

Registration of technicians

2. (1) A person is eligible for registration as a vehicle inspection centre technician if,

(a)  the person holds a certificate of qualification that is not suspended in the trade of automotive service technician, truck and coach technician, motorcycle technician, truck-trailer service technician or auto body and collision damage repairer under the Building Opportunities in the Skilled Trades Act, 2021;

(b)  the person is authorized to issue vehicle emissions reports under section 10 of Ontario Regulation 457/19 (Vehicle Emissions) made under the Environmental Protection Act at any time on or after January 1, 2022; or

(c)  the person successfully completes any course required by the Director that provides the training necessary to perform a competent emissions inspection.

(2) It is a condition of registration under clauses (1) (b) and (c) that the vehicle inspection centre technician only conduct inspections in respect of emissions inspection certificates.

Refusal or revocation of registration of technician

3. (1) The Director may refuse to register a person as a vehicle inspection centre technician or may revoke a person’s registration if,

(a)  the person has conducted an inspection when the person was not eligible for registration under section 2 or was in contravention of a requirement under section 4;

(b)  the person has contravened any of the requirements of section 100.4 or subsection 100.5 (4) of the Act, of this Regulation or any other regulation made under section 100.1 or 100.8 of the Act or of any directive made under section 100.7 of the Act;

(c)  the person has performed any action that is inconsistent with the terms of an agreement made under subsection 100.2 (4) of the Act;

(d)  the person was refused registration as a motor vehicle inspection mechanic under the motor vehicle inspection station system or was registered but had the  registration revoked, unless the person was subsequently approved for registration;

(e)  the person was convicted of an offence under the motor vehicle inspection station system;

(f)  the person was convicted of an offence under the Environmental Protection Act related to the testing of vehicles for emissions;

(g)  the person was given notice under the Environmental Protection Act that the person is prohibited from conducting vehicle emissions testing;

(h)  the person is not competent to perform the duties of a vehicle inspection centre technician; or

(i)  the person is not a fit and proper person to be a vehicle inspection centre technician, having regard to the applicant’s character, integrity and past conduct.

(2) Before making a decision under subsection (1), the Director shall notify the person of his or her proposed decision, together with a summary of the reasons for the proposed decision.

(3) Within 30 days after being notified of the Director’s proposed decision, the person may make written submissions respecting the refusal or revocation.

(4) The Director shall review and consider the written submissions before making a decision under subsection (1).

(5) A person who is registered as a vehicle inspection centre technician shall not perform any inspections in that capacity after receiving a notice of a proposed revocation of their registration, unless the Director makes a decision not to proceed with the proposed revocation.

(6) There is no right to appeal the Director’s decision under subsection (1).

Prohibition re technicians

4. (1) Subject to subsection (2), a vehicle inspection centre technician shall not conduct inspections that they are not authorized to conduct based on their certificate of qualification under the Building Opportunities in the Skilled Trades Act, 2021, and any such inspection that is conducted is not an inspection for the purposes of subsection 100.4 (3) of the Act.

(2) Subsection (1) does not apply to a person who holds a certificate of qualification that is not suspended in the trade of automotive service technician with respect to inspections the person performs on motorcycles other than motor tricycles within the meaning of section 11 of Regulation 587 of the Revised Regulations of Ontario, 1990 (Equipment) made under the Act.

(3) A vehicle inspection centre technician to whom the condition described in subsection 2 (2) applies shall not conduct an inspection other than an inspection in respect of an emissions inspection certificate, and any such inspection that is conducted is not an inspection for the purposes of subsection 100.4 (3) of the Act.

Refusal of accreditation of vehicle inspection centre

5. (1) The Director shall refuse to accredit an applicant as a vehicle inspection centre if the applicant does not demonstrate the capacity to meet the obligations of the agreement referred to in subsection 100.2 (4) of the Act for the authorization of vehicle inspection centres.

(2) There is no right to be heard before a decision to refuse an accreditation is made under subsection (1), to receive reasons for the refusal or to appeal the refusal.

(3) The Director may refuse to accredit an applicant as a vehicle inspection centre if,

(a)  the applicant has contravened any of the requirements of section 100.4 or subsection 100.5 (4) of the Act, this Regulation or any other regulation made under section 100.1 or 100.8 of the Act or of any directive made under section 100.7 of the Act;

(b)  the applicant was refused a licence under the motor vehicle inspection station system or was licensed but had the licence revoked, unless a licence was subsequently issued to the applicant;

(c)  the applicant was convicted of an offence under the motor vehicle inspection station system;

(d)  the applicant was convicted of an offence under the Environmental Protection Act related to the testing of vehicles for emissions;

(e)  the applicant was previously accredited as an Ontario Drive Clean testing facility or Emissions Test Facility and the accreditation was revoked;

(f)  the applicant is not competent to perform the duties of a vehicle inspection centre;

(g)  the applicant is not a fit and proper person to operate a vehicle inspection centre, having regard to the applicant’s character, integrity and past conduct;

(h)  in the case of an applicant that is a corporation, any of clauses (a) to (g) apply to an owner, shareholder, officer, director or manager of the corporation; or

(i)  any of clauses (a) to (g) apply to any person related to the applicant as described in subsection (4).

(4) For the purpose of clause (3) (i), a person is related to an applicant in any of the following circumstances:

1.  The applicant and the person are individuals connected by blood relationship, marriage, common-law partnership, within the meaning of the Income Tax Act (Canada), or adoption.

2.  The applicant and the person are corporations and,

i.  the applicant directly or indirectly controls or controlled the person, or

ii.  the person directly or indirectly controls or controlled the applicant.

3.  Both the applicant and the person are corporations and are or were controlled, directly or indirectly, or managed by the same person or persons.

4.  The applicant and the person are corporations and they have or have had common officers or directors.

5.  The applicant and the person are partners or were partners.

(5) Before making a decision under subsection (3), the Director shall notify the person of his or her proposed decision, together with a summary of the reasons for the proposed decision.

(6) Within 30 days after being notified of the Director’s proposed decision, the person may make written submissions respecting the refusal.

(7) The Director shall review and consider the written submissions before making a decision under subsection (3).

(8) There is no right to appeal the Director’s decision under subsection (3).

Service of notice

6. (1) Notice of a proposed decision under section 3 or 5 may be given to a person at the address or email address provided in the person’s application or at the most recent address or email address for the person in the Ministry’s records,

(a)  personally;

(b)  by regular mail or registered mail; or

(c)  by email or other form of electronic transmission.

(2) The notice shall be deemed to have been served on the person,

(a)  on the day it was delivered personally;

(b)  on the fifth day after it was mailed; or

(c)  on the day after it was sent by email or other form of electronic transmission.

(3) If the day described in clause (2) (b) or (c) is a holiday, the notice shall be deemed to have been given on the next day that is not a holiday.

Prohibition re vehicle inspection centres

7. (1) A vehicle inspection centre shall not conduct inspections that it is not authorized to conduct under its agreement made under subsection 100.2 (4) of the Act, and any such inspection that is conducted is not an inspection for the purposes of subsection 100.4 (3) of the Act.

(2) A vehicle inspection centre shall not conduct inspections on premises other than those approved by the agreement, other than mobile inspections that are conducted in accordance with the agreement, and any such inspection that is conducted is not an inspection for the purposes of subsection 100.4 (3) of the Act.

Model year

8. If there is reason to believe that the model year of the motor differs from the model year of the vehicle, the Director may give written notice to the owner of the vehicle that an emissions inspection of the vehicle by a vehicle inspection centre must be conducted on the basis that the model year of the vehicle is the model year of the motor, and a vehicle inspection centre technician and a vehicle inspection centre shall conduct any inspection on that basis.

Fees

9. (1) The fee payable by a vehicle inspection centre to the Ministry for each emissions inspection certificate issued is $15.

(2) The fee payable by a vehicle inspection centre to the Ministry for the following shall be the same as the fee charged to a Class F or P motor vehicle inspection station under section 14 of Regulation 601 of the Revised Regulations of Ontario, 1990 (Motor Vehicle Inspection Stations) made under the Act:

1.  A safety standards certificate form.

2.  A structural inspection certificate form.

3.  An annual inspection sticker with accompanying annual inspection certificate or a replacement.

4.  A semi-annual inspection sticker with accompanying annual inspection certificate or a replacement.

(3)  Subsection (2) does not apply to a vehicle inspection centre operated by Her Majesty the Queen in right of Canada or Ontario, a municipality or a school board or commission on behalf of a municipality.

Transition, motor vehicle inspection stations

10. (1) The Director of Vehicle Inspection Standards appointed under section 89 of the Act shall not renew any motor vehicle inspection station licence for any time period after December 31, 2023.

(2) Despite sections 90 and 91 of the Act and Regulation 601 of the Revised Regulations of Ontario, 1990 (Motor Vehicle Inspection Stations) made under the Act, no motor vehicle inspection station shall,

(a)  issue an annual inspection certificate or semi-annual inspection certificate or affix an annual inspection sticker or semi-annual inspection sticker on or after August 1, 2023;

(b)  issue a safety standards certificate in respect of a vehicle that is required to bear an annual inspection sticker or semi-annual inspection sticker on or after August 1, 2023; or

(c)  issue a safety standards certificate or a structural inspection certificate on or after January 1, 2024.

Same, return of materials

11. (1) Motor vehicle inspection station licensees shall return any unused annual inspection certificate forms, semi-annual inspection certificate forms, annual inspection stickers and semi-annual inspection stickers to the Ministry no later than August 31, 2023.

(2) Motor vehicle inspection station licensees and former licensees shall return any unused safety standards certificate forms or structural inspection certificate forms to the Ministry no later than January 31, 2024.

(3) If annual inspection stickers with corresponding annual inspection certificate forms, semi-annual inspection stickers with corresponding semi-annual inspection certificate forms and safety standards certificate forms have not been used, are in the same condition as when they were received and are returned to the Ministry by the dates set out in subsections (1) and (2), the licensee or former licensee shall receive from the Ministry a refund of the fees paid for them.

(4) No person shall display any identifying sign provided by the Ministry under section 11 of Regulation 601 of the Revised Regulations of Ontario, 1990 (Motor Vehicle Inspection Stations), made under the Act, after December 31, 2023.

Note: Section 12 comes into force on January 1, 2024.

Same, retention of records

12. (1) A person who is the licensee of a motor vehicle inspection station at any time in 2023 shall keep the records required under section 10 of Regulation 601 of the Revised Regulations of Ontario, 1990 (Motor Vehicle Inspection Stations) made under the Act, as it read immediately before it was revoked, until the earlier of the first anniversary of the date that the person surrenders their licence to the Ministry and December 31, 2024.

(2) Despite section 10 of Regulation 601 of the Revised Regulations of Ontario, 1990, the records shall be kept at a location other than the premises previously licensed if the person notifies the Ministry in writing of that location.

13. Omitted (provides for coming into force of provisions of this Regulation).