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Towing and Storage Safety and Enforcement Act, 2021

ONTARIO REGULATION 167/23

GENERAL

Historical version for the period July 1, 2023 to November 22, 2023.

Note: On January 1, 2024, the day section 19 of Schedule 3 (Towing and Storage Safety and Enforcement Act, 2021) to the Moving Ontarians More Safely Act, 2021 comes into force, the Regulation is amended by striking out “tow driver’s certificate” wherever it appears and substituting in each case “tow driver certificate”, except in section 7. (See: O. Reg. 167/23, s. 41 (1)).

Last amendment: 167/23.

Legislative History: 167/23.

This is the English version of a bilingual regulation.

CONTENTS

Interpretation

1.

Interpretation and application

2.

Disqualifying record of convictions or charges

Certification — General

3.

Application

4.

Term of initial certificate

5.

Renewal of certificate

6.

Exemptions

7.

Fees

Tow Operator Certification and Requirements

8.

Qualifications and requirements for certificate

9.

Refusal to issue or renew; suspension or cancellation

10.

Conditions

11.

Insurance

12.

Information for public

13.

Records

14.

Information for Director

Tow Truck Driver Certification and Requirements

15.

Qualifications and requirements for certificate

16.

Refusal to issue or renew; suspension or cancellation

17.

Conditions

18.

Surrender of documents

19.

Records

20.

Information for Director

Requirements re Towing

21.

Towing

22.

Photographs

Vehicle Storage Operator Certification and Requirements

23.

Qualifications and requirements for certificate

24.

Refusal to issue or renew; suspension or cancellation

25.

Conditions

26.

Insurance

27.

Storage of vehicle and access to vehicle

28.

Information for public

29.

Records

30.

Information for Director

Protection of Users of Towing Services and Vehicle Storage Services

31.

Prohibited practices

32.

Consent for towing services and vehicle storage services

33.

Documentation of consent for towing services

34.

Maximum rate schedule

35.

Invoices

36.

Restrictions on inducement, referrals

Appeals

37.

Commencing an appeal

Administration

38.

Personal information

39.

Electronic records

40.

Notice

Schedule 1

Code of conduct

Schedule 2

Wording to be provided re consent

 

Interpretation

Interpretation and application

1. (1) In this Regulation,

“code of conduct” means the code of conduct set out in Schedule 1; (“code de conduite”)

“CVOR certificate” has the same meaning as in the Highway Traffic Act; (“certificat d’immatriculation UVU”)

“maximum rate” has the same meaning as in Ontario Regulation 162/23; (“taux maximal”)

“maximum rate schedule” has the same meaning as in Ontario Regulation 162/23; (“barème des taux maximaux”)

“operator”, in relation to a towed or stored vehicle, has the same meaning as in subsection 16 (1) of the Highway Traffic Act; (“utilisateur”)

“run sheet” means a record of towing services made by a tow truck driver; (“journal de bord”)

“towing services” does not include the transportation of an incomplete motor vehicle from one incomplete vehicle manufacturer to another incomplete vehicle manufacturer, provided the incomplete motor vehicle has an information label applied to it by an incomplete vehicle manufacturer as required by section 6.2 of the Motor Vehicle Safety Regulations (Canada); (“services de remorquage”)

“vehicle owner” means,

(a)  the person in whose name the plate portion of the permit is issued,

(b)  the person in whose name the vehicle portion of the permit is issued, or

(c)  for motor vehicles registered in a state, territory or province other than Ontario, the person whose name appears on a comparable vehicle registration document issued by that state, territory or province; (“propriétaire du véhicule”)

“vehicle storage yard facility” does not include a lot used by a vehicle repair business, if the storage is ancillary to repairing the motor vehicle and provided at no cost to the vehicle owner or its operator. (“installation d’entreposage de véhicules”)

(2) The following exceptions are prescribed for the purposes of clause (c) of the definition of “tow truck” in section 1 of the Act:

1.  A motor vehicle that is used for personal purposes only and that is used infrequently to tow, for no compensation, another motor vehicle that is also used for personal purposes only.

2.  A motor home that is used for personal purposes only and that is towing another motor vehicle that is for the use of the driver of the motor home for personal purposes only.

3.  A commercial motor vehicle, as defined in subsection 1 (1) of the Highway Traffic Act, towing one or more motor vehicles using the saddlemount configuration.

(3) An applicant or certificate holder is related to a person for the purposes of sections 8 and 23 if,

(a)  they are related individuals;

(b)  either of them is a partner of the other or was a partner of the other or they have or have had partners in common;

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

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

(4) Any reference in this Regulation to a conviction or discharge for an offence under the Criminal Code (Canada) includes a conviction or discharge for the corresponding offence under the National Defence Act (Canada).

(5) This Regulation applies to a person who pled guilty or was found guilty of an offence referred to in this Regulation and was granted a discharge under the Criminal Code (Canada), and to a person who had a disposition or sentence imposed under the Youth Criminal Justice Act (Canada), in the same manner as if the person had been convicted of the offence.

(6) Where a suspension or impoundment is imposed under the Act, the period of the suspension or impoundment may be determined by counting 24 hours for each day.

Disqualifying record of convictions or charges

2. For the purposes of this Regulation, a person has a disqualifying record of convictions or charges if,

(a)  the person has ever been convicted or found guilty of an offence under any of the following provisions of the Criminal Code (Canada), or of a comparable offence in another jurisdiction:

(i)  Part II.1 (Terrorism),

(ii)  Part V (Sexual offences), other than section 163, 167, 168, 173 or 174 to 182, or

(iii)  section 219, 220, 221, 222, 235, 236, 239, 240, 241, 244, 245, 246, 248, 268, 269.1, 271, 272, 273, 279, 279.01 or 279.011 of Part VIII (Offences against the person);

(b)  the person has been convicted or found guilty in the preceding five years of an offence under any of the following sections of the Criminal Code (Canada), or of a comparable offence in another jurisdiction:

(i)  Part III (Firearms and other weapons),

(ii)  section 163, 167, 168 or 173 of Part V (Sexual offences),

(iii)  section 213 of Part VII (Offering, providing or obtaining sexual services for consideration),

(iv)  sections 264.1 to 286.1 of Part VIII (Offences against the person), other than section 268, 269.1, 271, 272, 273, 279, 279.01 or 279.011,

(v)  Part VIII.1 (Offences relating to conveyances),

(vi)  Part IX (Offences against rights of property),

(vii)  Part X (Fraudulent transactions),

(viii)  Part XI (Wilful and forbidden acts in respect of certain property), or

(ix)  Part XII (Offences relating to currency);

(c)  the person has been convicted or found guilty in the preceding ten years of an offence under section 5, 6, 7 or 7.1 of the Controlled Drugs and Substances Act (Canada), or of a comparable offence in another jurisdiction; or

(d)  the person is subject to a court order, conditions of parole or an undertaking to a peace officer prohibiting him or her from,

(i)  possessing a weapon, or

(ii)  being alone with, in the presence of or in proximity to, persons under a specified age or of a specified sex that may be specified in the order, conditions or undertaking.

Certification — General

Application

3. An applicant for the issuance or renewal of a tow certificate, tow driver’s certificate or vehicle storage certificate shall submit an application in a form approved by the Director, together with any fees that may be prescribed and any other document or information that the Director may require as evidence that the applicant meets the prescribed qualifications and requirements.

Term of initial certificate

4. The term of an initial tow certificate, tow driver’s certificate or vehicle storage certificate shall be for a period of between 12 and 48 months.

Renewal of certificate

5. (1) Every renewal of a tow certificate shall be for a term of not more than one year and shall expire on the anniversary of the date on which the initial certificate expired.

(2) Every renewal of a tow driver’s certificate shall be for a term of not more than three years and shall expire on the anniversary of the date on which the initial certificate expired.

(3) Every renewal of a vehicle storage certificate shall be for a term of not more than one year and shall expire on the anniversary of the date on which the initial certificate expired.

(4) A certificate ceases to be valid at the end of the expiry day shown on the certificate unless it is renewed or surrendered to the Ministry.

(5) Despite subsections (1), (2), (3) and (4), a temporary certificate may be issued for a period of up to 90 days to allow the Director time to consider a renewal application.

(6) If a certificate is not renewed within one year after its most recent expiry, the certificate cannot be renewed, and the person is required to apply for a new certificate and pay all applicable fees.

Exemptions

6. (1) Where a tow truck is being driven under and in accordance with a Service permit and number plate under section 13.1 of Regulation 628 of the Revised Regulations of Ontario, 1990 (Vehicle Permits), made under the Highway Traffic Act, for a purpose set out in clause 13.1 (3) (a) of that Regulation,

(a)  the person to whom the service permit and number plate has been issued is not required to have a tow certificate; and

(b)  the person who is driving the tow truck is not required to have a tow driver’s certificate.

(2) A tow operator or tow truck driver is exempt from the Act if they are not a resident of Ontario, the tow truck is registered in the state, territory or province in which the tow operator or tow truck driver resides and the tow truck is,

(a)  providing towing services that originated outside of Ontario and is entering Ontario solely for the purpose of passing through Ontario;

(b)  providing towing services that originated outside of Ontario and is entering Ontario solely for the purpose of delivering a motor vehicle to a destination in Ontario; or

(c)  providing towing services at the direction of a police officer.

(3) Sections 20 and 27 of the Act do not apply in respect of the provision of towing services or vehicle storage services where the services are either free of charge or prepaid because the service is provided as part of a membership in an automobile club association or in connection with the purchase or lease of a motor vehicle.

(4) Subsection 20 (1) of the Act does not apply in respect of a motor vehicle if it is being towed at the direction of a police officer or other person with authority to give the direction.

(5) Section 28 of the Act does not apply to towing services or vehicle storage services provided pursuant to an agreement between a tow operator or vehicle storage operator and the Crown in right of Ontario.

(6) The Act does not apply to a motor vehicle that is stored under a self-storage contract for a period of 30 days or more at a facility that rents out or leases space for the self-service storage of motor vehicles.

Note: Section 7 comes into force on July 1, 2024.

Fees

7. (1) The following fees are payable:

1.  For an application for the issuance or renewal of a tow operator certificate, $575.

2.  For an application for the issuance or renewal of a tow driver’s certificate, $195.

3.  For an application for the issuance or renewal of a vehicle storage operator certificate, $575.

4.  For an uncertified copy of a certificate holder’s record, $5.

5.  For a certified copy of a certificate holder’s record, $10.

(2) On July 1, 2025, and on every July 1 after that, the fee prescribed in paragraph 1, 2 or 3 of subsection (1) is the fee prescribed as of June 30 of the year adjusted by the percentage change in the Ontario Consumer Price Index between the previous two calendar years, rounded up to the nearest five dollars.

(3) If the percentage change in the Ontario Consumer Price Index between the previous two calendar years results in a negative amount under subsection (2), no adjustment shall be made.

(4) The percentage change in the Ontario Consumer Price Index between two calendar years is the percentage change in the Consumer Price Index for Ontario (All-Items) between those years as published by Statistics Canada under the authority of the Statistics Act (Canada).

(5) The fee payable under paragraph 1, 2 or 3 of subsection (1) for the renewal of a certificate is payable regardless of when in the term the renewal occurs.

(6) Subject to subsection (7), a fee paid under paragraph 1, 2 or 3 of subsection (1) is not refundable.

(7) The fee may be fully refunded or fully credited towards a subsequent fee payable by the person if the person applied for an incorrect certificate type or under the incorrect legal name.

Note: On July 1, 2024, section 7 of the Regulation is amended by striking out “tow driver’s certificate” and substituting “tow driver certificate”. (See: O. Reg. 167/23, s. 41 (2)).

Tow Operator Certification and Requirements

Qualifications and requirements for certificate

8. The qualifications and requirements for the issuance or renewal of a tow certificate are as follows:

1.  The applicant,

i.  has a valid CVOR certificate, or

ii.  has a valid safety fitness certificate, within the meaning of the Motor Vehicle Transport Act (Canada), if the applicant is exempt from the requirement for a CVOR certificate under section 1.1 of Ontario Regulation 424/97 (Commercial Motor Vehicle Operators’ Information) made under the Highway Traffic Act.

2.  The applicant maintains insurance coverage in the amounts required by section 11 of this Regulation and section 2 of the Compulsory Automobile Insurance Act.

3.  The applicant does not have a disqualifying record of convictions or charges as described in section 2.

4.  The applicant does not owe an outstanding fee, fine or administrative penalty, or any interest or penalty in respect of such a fee, fine or penalty, under this Act, the Highway Traffic Act or the Provincial Offences Act.

5.  The applicant has not contravened,

i.  the Act or this Regulation,

ii.  the Compulsory Automobile Insurance Act or the regulations made under that Act,

iii.  any provisions of the Highway Traffic Act or regulations made under that Act applicable to the driving or operation of tow trucks, or

iv.  any provisions of the Consumer Protection Act, 2002 or regulations made under that Act applicable to consumer agreements.

6.  The applicant has not made a false or inaccurate statement on the application for the issuance or renewal of the certificate.

7.  The applicant has always provided towing services competently and safely.

8.  The applicant has not been refused a municipal towing business licence or had one suspended, revoked or cancelled.

9.  If the applicant previously had a certificate under the Act, the certificate was not suspended or cancelled.

10.  If the applicant is an individual, the applicant is a fit and proper person to be a tow operator, having regard to the applicant’s character, integrity and past conduct, including any breaches of the code of conduct.

11.  If the applicant is a corporation, the officers and directors of the corporation meet the qualifications and requirements set out in paragraphs 1 and 3.

12.  If the applicant is a corporation, the officers and directors of the corporation meet the qualifications and requirements set out in paragraphs 6, 7 and 10.

13.  If the applicant is a corporation, the officers and directors of the corporation meet the qualifications and requirements set out in paragraphs 8 and 9.

14.  Any person related to the applicant meets the qualifications and requirements set out in paragraphs 1 and 3.

15.  Any person related to the applicant meets the qualifications and requirements set out in paragraphs 7 and 10.

16.  Any person related to the applicant meets the qualifications and requirements set out in paragraphs 8 and 9.

Refusal to issue or renew; suspension or cancellation

9. (1) The Director shall refuse to issue or renew a tow certificate under clause 5 (3) (a) of the Act for the following reasons:

1.  The applicant or certificate holder did not meet a qualification or requirement set out in paragraph 1, 2, 3 or 4 of section 8 on the date the application for the certificate was made or the date the certificate was issued.

2.  The applicant or certificate holder ceased to meet a qualification or requirement set out in paragraph 1, 2, 3 or 4 of section 8 after the certificate was issued.

(2) The Director may suspend or cancel a tow certificate under subsection 7 (1) of the Act for the reasons set out in subsection (1) of this section, in addition to the reasons set out in the Act.

(3) The Director may refuse to issue or renew a tow certificate under clause 5 (3) (b) of the Act or may suspend or cancel the certificate under subsection 7 (1) of the Act for the following reasons, in addition to the reasons set out in the Act:

1.  The applicant or certificate holder did not meet a qualification or requirement set out in paragraph 5, 6, 7, 10, 12 or 15 of section 8 on the date the application for the certificate was made or the date the certificate was issued.

2.  The applicant or certificate holder ceased to meet a qualification or requirement set out in paragraph 5, 6, 7, 10, 12 or 15 of section 8 after the certificate was issued.

3.  The applicant or certificate holder did not meet a qualification or requirement set out in paragraph 8, 9, 11, 13, 14 or 16 of section 8 on the date the application for the certificate was made or the date the certificate was issued.

4.  The applicant or certificate holder ceased to meet a qualification or requirement set out in paragraph 8, 9, 11, 13, 14 or 16 of section 8 after the certificate was issued.

5.  The certificate was issued subject to terms or conditions and a term or condition has not been met.

(4) An applicant or certificate holder has no right to be heard before the Director makes a decision under subsection (1), (2) or (3).

(5) If the Director decides to refuse to issue or renew or to suspend or cancel a tow certificate under subsection (1), (2) or (3), the Director shall notify the applicant or certificate holder, in writing, of the decision together with a summary of reasons.

(6) A decision of the Director to suspend or cancel a certificate under subsection (2) or (3) takes effect starting on the date specified in the notice.

(7) If the Director decides to refuse to issue or renew or to suspend or cancel a tow certificate for a reason set out in paragraph 3 or 4 of subsection (3), the applicant or certificate holder may make written submissions respecting the decision within 30 days after being notified of the Director’s decision.

(8) The Director shall review and consider any information submitted under subsection (7) and shall notify the applicant or certificate holder, in writing, of the decision.

(9) Subject to subsection (10), there is no right to appeal a decision of the Director under subsection (1), (2), (3) or (8).

(10) A decision made under subsection (3) in respect of a reason set out in paragraph 1, 2 or 5 of that subsection may be appealed to the Licence Appeal Tribunal.

(11) A holder of a suspended tow certificate shall not provide the services authorized by the certificate while the suspension is in effect.

Conditions

10. (1) The following conditions apply to every tow certificate in addition to any other condition attached to the certificate pursuant to subsection 6 (1) or (2) of the Act:

1.  The tow operator shall keep its tow trucks and equipment in good repair and ensure they are in a fit and proper condition for use.

2.  The tow operator shall provide an email address to the Director for the purposes of receiving correspondence from the Ministry and shall maintain and monitor the email address.

3.  The tow operator shall comply with the code of conduct.

(2) Where the Director, in issuing a tow certificate, attaches a condition to it pursuant to subsection 6 (1) of the Act, the Director is not required to provide prior notice or reasons to the certificate holder.

(3) Where the Director, in amending a tow certificate, attaches a new condition to it or varies a condition pursuant to subsection 6 (3) of the Act, the Director shall notify the certificate holder, in writing, of the amendment together with the effective date and a summary of reasons.

(4) A condition attached or varied under subsection (3) takes effect starting on the effective date specified in the notice.

(5) Within 30 days after being notified of the amendment, the certificate holder may make written submissions respecting the amendment.

(6) The Director shall review and consider any information submitted under subsection (5) and shall notify the certificate holder, in writing, of the decision.

(7) There is no right to appeal a decision of the Director under this section.

Insurance

11. (1) A tow operator shall maintain insurance coverage with an insurer licensed under the Insurance Act for the following kinds of liability in the following amounts in respect of any one claim:

1.  Coverage against liability resulting from bodily injury to or the death of one or more persons and loss or damage to property, in the amount of at least $2,000,000 exclusive of interest and costs.

2.  Coverage against liability for damage to a motor vehicle while in the operator’s care, custody or control, in the amount of at least $100,000.

3.  Cargo liability insurance in the amount of at least $50,000.

(2) If a tow operator is not a resident of Ontario, the insurance required by subsection (1) may be carried with an insurer who is authorized to transact the insurance in the state, territory or province in which the tow operator resides.

Note: Sections 12 and 13 come into force on January 1, 2024, the day section 19 of Schedule 3 (Towing and Storage Safety and Enforcement Act, 2021) to the Moving Ontarians More Safely Act, 2021 comes into force.

Information for public

12. (1) A tow operator shall ensure that,

(a)  a copy of the tow certificate is kept in each tow truck the operator operates; and

(b)  the tow operator’s name and certificate number are prominently displayed, legible and clearly visible on both sides of each tow truck that it operates.

(2) If a tow operator maintains a premises that is open to the public, the operator shall prominently display the following information:

1.  The operator’s legal name and, if different, the name under which the operator carries on business.

2.  A copy of the operator’s tow certificate.

3.  The operator’s business address, email address and telephone number.

4.  The operator’s current maximum rate schedule.

(3) If a tow operator maintains a website or uses social media to advertise their services, the website or social media page shall include the information described in subsection (2).

Records

13. (1) A tow certificate holder shall keep the following records in relation to its business:

1.  The full name, address, certificate number and qualifications of each tow truck driver who is or was employed or engaged by the holder or whose services are or were otherwise used by the certificate holder, including a copy of each driver’s licence and tow driver’s certificate.

2.  A copy of any tow truck vehicle lease agreements.

3.  Evidence that each tow truck it operates that has a vehicle permit issued under section 7 of the Highway Traffic Act has a wrecker permit as required by subsection 2.3 (1) of Regulation 628 of the Revised Regulations of Ontario, 1990 (Vehicle Permits), made under the Highway Traffic Act.

4.  Evidence of the holder’s insurance coverage, together with a list of vehicles covered under the policy.

5.  The holder’s maximum rate schedule for towing services and any rate changes during the previous 24 months.

6.  Copies of all advertising matter used.

(2) A tow certificate holder shall keep the following records in relation to each towing service provided:

1.  Any run sheets prepared by a tow truck driver referred to in paragraph 1 of subsection (1).

2.  The name of any person who travelled as a passenger in the tow truck, other than a person who was the driver of or a passenger in the motor vehicle that was towed.

3.  The name and contact information of any person who took possession of the towed motor vehicle at the destination of the tow.

4.  A copy of the documentation of consent referred to in section 33.

5.  A copy of the invoice referred to in section 35.

6.  A record of payment for the invoice and a copy of the receipt issued.

7.  A copy of any records relating to the disclosure required under section 36.

8.  A copy of any photographs taken of the vehicle that was towed.

9.  A record of any complaints from persons requesting or receiving the towing service and the certificate holder’s response to them.

10.  A record of any damage to a motor vehicle that occurred during the provision of the towing service.

(3) A record described in subsection (1) shall be kept while it is current and for at least two years thereafter.

(4) A record described in subsection (2) that is made by a tow certificate holder shall be made as soon as practicable after the service is provided.

(5) A record described in subsection (2) shall be kept for at least two years after the date it is created.

(6) A record described in subsection (1) or (2) shall be kept at the last known business address for the tow certificate holder appearing in the Ministry’s records.

(7) A tow certificate holder shall ensure that all stationery, forms, invoices and documents used in the course of its business bear, in clearly legible figures and letters, the legal name of the holder and, if different, the name under which the holder carries on business, and the business address, telephone number, email address and certificate number of the holder.

Information for Director

14. (1) A tow operator shall, within 15 days, notify the Director of any change to,

(a)  the operator’s legal name or name under which it carries on business;

(b)  the operator’s business address or email address;

(c)  where applicable, the officers or directors of the operator; and

(d)  any information about the operator’s relationships to other businesses, if the operator was required to provide such information in their application for a tow certificate.

(2) The Director may, at any time, request that a tow operator confirm whether the information that the Director has in the Director’s records for the operator is accurate and update any information that is no longer accurate, and the operator shall, within 15 days, comply with the request.

(3) If a tow certificate is cancelled, the certificate holder shall provide to the Director, on request, any records or documents related to the holder’s business.

(4) If a tow operator decides to cease operating its towing business, it shall notify the Director at least 15 days prior to ceasing operation.

Tow Truck Driver Certification and Requirements

Qualifications and requirements for certificate

15. (1) The qualifications and requirements for the issuance or renewal of a tow driver’s certificate are as follows:

1.  The applicant is,

i.  the holder of a valid driver’s licence and is a fully licensed driver under Ontario Regulation 340/94 (Drivers’ Licences) made under the Highway Traffic Act, or

ii.  the holder of a valid, equivalent driver’s licence from another jurisdiction to whom an exemption under section 34 of that Act applies.

2.  The applicant’s driver’s licence has not been under suspension at any time in the preceding two years,

i.  pursuant to section 48, 48.0.4, 48.2.2, 48.3, 48.3.1 or 57 or subsection 172 (9) of the Highway Traffic Act,

ii.  as a result of being convicted or found guilty of an offence under section 9 or 53, subsection 128 (15), section 130, subsection 172 (2) or section 200 or 216 of that Act,

iii.  as a result of being convicted or found guilty of an offence under section 2 of the Compulsory Automobile Insurance Act, or

iv.  as a result of being convicted or found guilty of an offence under the Criminal Code (Canada) committed by means of a motor vehicle or while driving or having the care or control of a motor vehicle, or of a comparable offence in another jurisdiction.

3.  Where the applicant has a licence issued by another jurisdiction, the applicant’s driving record in that jurisdiction is comparable to that required by paragraph 2.

4.  The applicant does not have a disqualifying record of convictions or charges as described in section 2.

5.  The applicant successfully completed a tow truck driver training course referred to in subsection (2) and, if applicable, successfully completed the training course after being ordered to take or retake one.

6.  The applicant does not owe an outstanding fee, fine or administrative penalty, or any interest or penalty in respect of such a fee, fine or penalty, under the Act, the Highway Traffic Act or the Provincial Offences Act.

7.  The applicant has not contravened,

i.  the Act or this Regulation, or

ii.  any provisions of the Highway Traffic Act or regulations made under that Act applicable to the driving or operation of tow trucks.

8.  The applicant has not made a false or inaccurate statement on the application for the issuance or renewal of the certificate.

9.  The applicant has always driven tow trucks and provided towing services competently and safely.

10.  The applicant has not been refused a municipal tow truck driver licence or had one suspended, revoked or cancelled.

11.  If the applicant previously had a certificate under the Act, the certificate was not suspended or cancelled.

12.  The applicant is a fit and proper person to be a tow truck driver, having regard to the applicant’s character, integrity and past conduct, including any breaches of the code of conduct.

(2) The Director may set or approve tow truck driver training courses for the purpose of testing knowledge of the safe driving and operation of tow trucks and of the statutory and regulatory requirements applicable to the driving and operation of tow trucks.

(3) If an applicant successfully completed a course before the day this section came into force but not more than three years before the date of the application, and the Director considers the course to be equivalent to a course referred to in subsection (2), the Director may consider the applicant to have met the requirement set out in paragraph 5 of subsection (1).

(4) If a person applies for the issuance of a tow driver’s certificate on or after the day this section comes into force but before July 1, 2024, the requirement set out in paragraph 5 of subsection (1) does not apply to the person for the initial term of the certificate.

Note: On July 1, 2028, subsection 15 (4) of the Regulation is revoked. (See: O. Reg. 167/23, s. 41 (3)).

(5) The Director may require a tow truck driver to take or retake a training course if the Director is of the view that the holder does not drive or operate tow trucks competently and safely in accordance with the Act, the regulations and any other laws relating to highway safety.

(6) Where the applicant is or was a director or officer of a corporation that provides or provided towing services, the Director may consider the record of the corporation for the purposes of paragraph 12 of subsection (1).

Refusal to issue or renew; suspension or cancellation

16. (1) The Director shall refuse to issue or renew a tow driver’s certificate under clause 5 (3) (a) of the Act for the following reasons:

1.  The applicant or certificate holder did not meet a qualification or requirement set out in paragraph 1, 2, 3, 4, 5 or 6 of subsection 15 (1) on the date the application for the certificate was made or the date the certificate was issued.

2.  The applicant or certificate holder ceased to meet a qualification or requirement set out in paragraph 1, 2, 3, 4, 5 or 6 of subsection 15 (1) after the certificate was issued.

(2) The Director may suspend or cancel a tow driver’s certificate under subsection 7 (1) of the Act for the reasons set out in subsection (1) of this section, in addition to the reasons set out in the Act.

(3) The Director may refuse to issue or renew a tow driver’s certificate under clause 5 (3) (b) of the Act or may suspend or cancel the certificate under subsection 7 (1) of the Act for the following reasons, in addition to the reasons set out in the Act:

1.  The applicant or certificate holder did not meet a qualification or requirement set out in paragraph 7, 8, 9, 10, 11 or 12 of subsection 15 (1) on the date the application for the certificate was made or the date the certificate was issued.

2.  The applicant or certificate holder ceased to meet a qualification or requirement set out in paragraph 7, 8, 9, 10, 11 or 12 of subsection 15 (1) after the certificate was issued.

3.  The certificate was issued subject to terms or conditions and a term or condition has not been met.

(4) An applicant or certificate holder has no right to be heard before the Director makes a decision under subsection (1), (2) or (3).

(5) If the Director decides to refuse to issue or renew or to suspend or cancel a tow driver’s certificate under subsection (1), (2) or (3), the Director shall notify the applicant or certificate holder, in writing, of the decision together with a summary of reasons.

(6) A decision of the Director to suspend or cancel a certificate under subsection (2) or (3) takes effect starting on the date specified in the notice.

(7) If the Director decides to refuse to issue or renew or to suspend or cancel a tow driver’s certificate for the reason set out in paragraph 1, 2 or 3 of subsection (3), the applicant or certificate holder may make written submissions respecting the decision within 30 days after being notified of the Director’s decision.

(8) The Director shall review and consider any information submitted under subsection (7) and shall notify the applicant or certificate holder, in writing, of the decision.

(9) There is no right to appeal a decision of the Director under this section.

(10) A holder of a suspended tow driver’s certificate shall not provide the services authorized by the certificate while the suspension is in effect.

Conditions

17. (1) The following conditions apply to every tow driver’s certificate in addition to any other condition attached to the certificate pursuant to subsection 6 (1) or (2) of the Act:

1.  The tow truck driver must carry copies of their tow driver’s certificate and of the tow operator’s tow certificate at all times the tow truck is being driven or operated.

2.  The tow truck driver shall provide an email address to the Director for the purposes of receiving correspondence from the Ministry and shall maintain and monitor the email address.

3.  The tow truck driver shall comply with the code of conduct.

(2) Where the Director, in issuing a tow driver’s certificate, attaches a condition to it pursuant to subsection 6 (1) of the Act, the Director is not required to provide prior notice or reasons to the applicant.

(3) Where the Director, in amending a tow driver’s certificate, attaches a new condition to it or varies a condition pursuant to subsection 6 (3) of the Act, the Director shall notify the certificate holder, in writing, of the amendment together with the effective date and a summary of reasons.

(4) A condition attached or varied under subsection (3) takes effect starting on the effective date specified in the notice.

(5) Within 30 days after being notified of the amendment, the certificate holder may make written submissions respecting the amendment.

(6) The Director shall review and consider any information submitted under subsection (5) and shall notify the applicant or certificate holder, in writing, of the decision.

(7) There is no right to appeal a decision of the Director under this section.

Surrender of documents

18. (1) The following are prescribed for the purposes of section 13 of the Act as documents that a tow truck driver or other person referred to in that section shall surrender on the demand of a police officer or inspector:

1.  The tow driver’s certificate.

2.  The tow operator’s tow certificate.

3.  The tow truck driver’s run sheet.

4.  Evidence of the holder’s insurance coverage.

5.  Documents in the person’s possession relating to,

i.  the ownership and operation of the tow truck,

ii.  the ownership of the towed vehicle, and

iii.  the current trip or tow.

(2) If a person is required to surrender a document and the document is in an electronic format, the person shall, at their option, either,

(a)  produce or surrender a printed copy of the document; or

(b)  produce an electronic display of the document that is,

(i)  in a format that is readable from outside the vehicle,

(ii)  complete, as required by law, and

(iii)  unaltered in its final form.

Note: Section 19 comes into force on January 1, 2024, the day section 19 of Schedule 3 (Towing and Storage Safety and Enforcement Act, 2021) to the Moving Ontarians More Safely Act, 2021 comes into force.

Records

19. (1) A tow truck driver shall keep a run sheet and include in it a record for each towing service performed that includes,

(a)  the date and time the towing service was provided, including the time the towing service was commenced and completed;

(b)  the name of the person who consented to the towing services or directed the impoundment, storage or towing of the motor vehicle;

(c)  the name and contact information of any person who took possession of the towed motor vehicle at the destination of the tow;

(d)  the make, model, colour, licence plate number and vehicle identification number of the motor vehicle that was towed;

(e)  the locations from which and to which the motor vehicle is being towed;

(f)  the total amount charged and collected; and

(g)  if a person described in paragraph 2 of subsection 13 (2) travelled as a passenger in the tow truck, the name of the passenger and reason the person was a passenger.

(2) A tow truck driver shall give to the tow operator as soon as practicable but no later than 24 hours after the end of every shift the following documents relating to any towing services provided by the driver during the shift:

1.  The documentation of consent of persons who consented to the provision of the towing services.

2.  The documentation related to any impoundment or removal of motor vehicles where consent is not required.

3.  Copies of invoices and receipts in respect of the provision of the towing services.

4.  Copies of the photographs the driver took under section 22.

5.  The run sheet or portion of the run sheet that relates to the towing services.

6.  A copy of any records relating to the disclosure required under section 36.

Information for Director

20. (1) A tow truck driver shall, within 15 days, notify the Director of any change to,

(a)  the tow truck driver’s name, address or email address; and

(b)  any information about the tow truck driver’s relationships to other businesses, if the driver was required to provide such information in their application for a tow driver’s certificate.

(2) The Director may at any time request that a tow truck driver confirm whether the information that the Director has in the Director’s records for the driver is accurate and update any information that is no longer accurate, and the driver shall, within 15 days, comply with the request.

Requirements re Towing

Note: Section 21 comes into force on January 1, 2024, the day section 19 of Schedule 3 (Towing and Storage Safety and Enforcement Act, 2021) to the Moving Ontarians More Safely Act, 2021 comes into force.

Towing

21. (1) A tow truck driver must have the appropriate class of driver’s licence for the tow truck being driven.

(2) A tow truck driver shall, upon the request of a person requesting or receiving towing services, present his or her tow driver’s certificate to the person.

(3) A tow truck driver shall tow a motor vehicle by the most direct route reasonably possible in the circumstances and in the most efficient manner to the location specified by the person giving consent for the towing of the vehicle or the person who directed the removal of the vehicle.

(4) If circumstances require that a motor vehicle be towed to a location other than the one specified by the person giving consent or the person who directed the removal of the vehicle, the tow truck driver or tow operator shall inform the person where the motor vehicle will be towed and the reasons for towing it to that location.

(5) No tow truck driver shall tow a motor vehicle to a vehicle repair business unless a person described in subsection 32 (1) has consented to it.

(6) No tow truck driver shall allow a person to travel in the tow truck for the purpose of attempting to sell towing or vehicle storage services, or any other products and services, to any person who was the driver of or a passenger in the vehicle being towed.

(7) No motor vehicle shall be towed while there is a person inside it.

(8) Where a motor vehicle is being towed to a vehicle storage yard facility, the tow truck driver or tow operator shall provide the vehicle storage operator with any information the tow truck driver or tow operator has about the vehicle and its owner or operator.

Note: Section 22 comes into force on January 1, 2024, the day section 19 of Schedule 3 (Towing and Storage Safety and Enforcement Act, 2021) to the Moving Ontarians More Safely Act, 2021 comes into force.

Photographs

22. (1) Where towing services that include vehicle recovery are being provided, the tow truck driver shall take a sufficient number of photographs of the vehicle so as to clearly, accurately and fully show the scene around the vehicle, including the position of the motor vehicle before the towing services are commenced.

(2) The tow truck driver shall record on the run sheet the date and time the photographs were taken.

(3) The photographs must not be altered by any person.

(4) The photographs must be made available to the Director upon request.

Vehicle Storage Operator Certification and Requirements

Qualifications and requirements for certificate

23. The qualifications and requirements for the issuance or renewal of a vehicle storage certificate are as follows:

1.  The applicant has an office in Ontario.

2.  The applicant maintains insurance coverage in the amounts required by section 26.

3.  The applicant does not have a disqualifying record of convictions or charges as described in section 2.

4.  The applicant does not owe an outstanding fee, fine or administrative penalty, or any interest or penalty in respect of such a fee, fine or penalty, under this Act, the Highway Traffic Act or the Provincial Offences Act.

5.  The applicant has not contravened,

i.  the Act or this Regulation, or

i.  any provisions of the Consumer Protection Act, 2002 or regulations made under that Act applicable to consumer agreements.

6.  The applicant has not made a false or inaccurate statement on the application for the issuance or renewal of the certificate.

7.  The applicant has always provided vehicle storage services competently and safely.

8.  The applicant has not been refused a municipal towing or vehicle storage business licence or has had one suspended, revoked or cancelled.

9.  If the applicant previously had a certificate under the Act, the certificate was not suspended or cancelled.

10.  If the applicant is an individual, the applicant is a fit and proper person to be a vehicle storage operator, having regard to the applicant’s character, integrity and past conduct, including any breaches of the code of conduct.

11.  If the applicant is a corporation, the officers and directors of the corporation meet the qualifications and requirements set out in paragraph 3.

12.  If the applicant is a corporation, the officers and directors of the corporation meet the qualifications and requirements set out in paragraphs 5, 7 and 10.

13.  If the applicant is a corporation, the officers and directors of the corporation meet the qualifications and requirements set out in paragraphs 8 and 9.

14.  Any person related to the applicant meets the qualifications and requirements set out in paragraph 3.

15.  Any person related to the applicant meets the qualifications and requirements set out in paragraphs 5, 7 and 10.

16.  Any person related to the applicant meets the qualifications and requirements set out in paragraphs 8 and 9.

Refusal to issue or renew; suspension or cancellation

24. (1) The Director shall refuse to issue or renew a vehicle storage certificate under clause 5 (3) (a) of the Act for the following reasons:

1.  The applicant or certificate holder did not meet a qualification or requirement set out in paragraph 1, 2, 3, 4, 11 or 14 of section 23 on the date the application for the certificate was made or the date the certificate was issued.

2.  The applicant or certificate holder ceased to meet a qualification or requirement set out in paragraph 1, 2, 3, 4, 11 or 14 of section 23 after the certificate was issued.

(2) The Director may suspend or cancel a vehicle storage certificate under subsection 7 (1) of the Act for the reasons set out in subsection (1) of this section, in addition to the reasons set out in the Act.

(3) The Director may refuse to issue or renew a vehicle storage certificate under clause 5 (3) (b) of the Act or may suspend or cancel the certificate under subsection 7 (1) of the Act for the following reasons, in addition to the reasons set out in the Act:

1.  The applicant or certificate holder did not meet a qualification or requirement set out in paragraph 5, 6, 7, 10, 12 or 15 of section 23 on the date the application for the certificate was made or the date the certificate was issued.

2.  The applicant or certificate holder ceased to meet a qualification or requirement set out in paragraph 5, 6, 7, 10, 12 or 15 of section 23 after the certificate was issued.

3.  The applicant or certificate holder did not meet a qualification or requirement set out in paragraph 8, 9, 11, 13, 14 or 16 of section 23 on the date the application for the certificate was made or the date the certificate was issued.

4.  The applicant or certificate holder ceased to meet a qualification or requirement set out in paragraph 8, 9, 11, 13, 14 or 16 of section 23 after the certificate was issued.

5.  The certificate was issued subject to terms or conditions and a term or condition has not been met.

(4) An applicant or certificate holder has no right to be heard before the Director makes a decision under subsection (1), (2) or (3).

(5) If the Director decides to refuse to issue or renew or to suspend or cancel a vehicle storage certificate under subsection (1), (2) or (3), the Director shall notify the applicant or certificate holder, in writing, of the decision together with a summary of reasons.

(6) A decision of the Director to suspend or cancel a certificate under subsection (2) or subsection (3) takes effect starting on the date specified in the notice.

(7) If the Director decides to refuse to issue or renew or to suspend or cancel a vehicle storage certificate for a reason set out in paragraph 3 or 4 of subsection (3), the applicant or certificate holder may make written submissions respecting the decision within 30 days after being notified of the Director’s decision.

(8) The Director shall review and consider any information submitted under subsection (7) and shall notify the applicant or certificate holder, in writing, of the decision.

(9) Subject to subsection (10), there is no right to appeal a decision of the Director under subsection (1), (2), (3) or (8).

(10) A decision made under subsection (3) in respect of a reason set out in paragraph 1, 2 or 5 of that subsection may be appealed to the Licence Appeal Tribunal.

(11) A holder of a suspended vehicle storage certificate shall not provide the services authorized by the certificate while the suspension is in effect.

Conditions

25. (1) The following conditions apply to every vehicle storage certificate in addition to any other condition attached to the certificate pursuant to subsection 6 (1) or (2) of the Act:

1.  The vehicle storage operator shall implement adequate security measures in its vehicle storage yard facilities and keep the facilities in a state of good repair.

2.  The vehicle storage operator shall ensure its vehicle storage yard facilities have adequate lighting and, if storage is provided indoors, adequate ventilation.

3.  The vehicle storage operator shall ensure its vehicle storage yard facilities have adequate space to provide the vehicle storage services it offers.

4.  The vehicle storage operator shall ensure its vehicle storage yard facilities are accessible to persons retrieving or accessing motor vehicles and to police and inspectors for emergency, investigative or inspection purposes.

5.  The vehicle storage operator shall provide proper means of ingress and egress to and from its vehicle storage yard facilities.

6.  The vehicle storage operator shall ensure its vehicle storage yard facilities comply with local requirements.

7.  The vehicle storage operator shall provide an email address to the Director for the purposes of receiving correspondence from the Ministry and shall maintain and monitor the email address.

8.  The vehicle storage operator shall comply with the code of conduct.

(2) Where the Director, in issuing a vehicle storage certificate, attaches a condition to it pursuant to subsection 6 (1) of the Act, the Director is not required to provide prior notice or reasons to the applicant.

(3) Where the Director, in amending a vehicle storage certificate, attaches a new condition to it or varies a condition pursuant to subsection 6 (3) of the Act, the Director shall notify the certificate holder, in writing, of the amendment together with the effective date and a summary of reasons.

(4) A condition attached or varied under subsection (3) takes effect starting on the effective date specified in the notice.

(5) Within 30 days after being notified of the amendment, the certificate holder may make written submissions respecting the amendment.

(6) The Director shall review and consider any information submitted under subsection (5) and shall notify the applicant or certificate holder, in writing, of the decision.

(7) There is no right to appeal a decision of the Director under this section.

Insurance

26. A vehicle storage operator shall maintain insurance coverage with an insurer licensed under the Insurance Act for the following kinds of liability in the following amounts in respect of any one claim:

1.  Coverage against liability resulting from bodily injury to or the death of one or more persons and loss or damage to property, in the amount of at least $2,000,000 exclusive of interest and costs.

2.  Coverage against liability for damage to a motor vehicle while in the operator’s care, custody or control, in the amount of at least $100,000.

3.  Cargo liability insurance in the amount of at least $50,000.

Note: Sections 27 to 29 come into force on January 1, 2024, the day section 19 of Schedule 3 (Towing and Storage Safety and Enforcement Act, 2021) to the Moving Ontarians More Safely Act, 2021 comes into force.

Storage of vehicle and access to vehicle

27. (1) A vehicle storage operator shall maintain an email address and a telephone number that a person can email or call to gain access to a stored motor vehicle at times when the operator is not open for business.

(2) The operator shall post the information described in subsection (1), together with the operator’s legal name and, if different, the name under which the operator carries on business, on the outside of its vehicle storage yard facility so that it is visible to the public when the facility is not open for business.

(3) Upon the request of a person described in paragraph 1, 3 or 4 of subsection 32 (1) to release a stored motor vehicle, a vehicle storage operator shall,

(a)  if the vehicle storage yard facility is open for business, make reasonable efforts to facilitate the release promptly; and

(b)  if the vehicle storage yard facility is not open for business, make reasonable efforts to facilitate the release as soon as practicable.

(4) Where a person described in paragraph 1, 3 or 4 of subsection 32 (1) attends a vehicle storage yard facility for the purposes of accessing or retrieving a stored motor vehicle, a vehicle storage operator shall not require that a different person attend.

(5) A vehicle storage operator shall, as soon as practicable after receiving for storage a motor vehicle for which consent to tow was not required pursuant to subsection 20 (2) of the Act, take steps to inform the vehicle owner or its operator of the location of the vehicle and the procedure and related contact information for the retrieval of the vehicle.

(6) No vehicle storage operator shall permit human habitation in any vehicle stored at its vehicle storage yard facilities.

Information for public

28. (1) A vehicle storage operator shall post or display the following information at all premises at which the operator provides vehicle storage services, in a conspicuous place so that the public is likely to see it:

1.  The operator’s legal name and, if different, the name under which the operator carries on business.

2.  A copy of the operator’s vehicle storage certificate.

3.  The operator’s telephone number, business address, email address and hours of operation.

4.  The operator’s current maximum rate schedule.

(2) If a tow operator maintains a website or uses social media to advertise their services, the website or social media page shall include the information described in subsection (1).

Records

29. (1) A vehicle storage certificate holder shall keep the following records in relation to its business:

1.  Evidence of the holder’s insurance coverage.

2.  A copy of any legal documentation with respect to the ownership or possession of the holder’s vehicle storage yard facilities.

3.  The holder’s maximum rate schedule for vehicle storage services and any rate changes during the previous 24 months.

4.  Copies of all advertising matter used.

(2) A vehicle storage certificate holder shall make a record of the following in relation to each motor vehicle stored as soon as practicable after the services are provided:

1.  The particulars of the motor vehicle, including,

i.  the name and contact information of the person who arranged for the motor vehicle to be stored,

ii.  the name and contact information of the tow truck driver who towed the motor vehicle to the vehicle storage yard facility,

iii.  any information provided by the tow truck driver or tow operator respecting the person described in subsection 32 (1) who consented to the towing of the motor vehicle,

iv.  the make, model, colour, licence plate number and vehicle identification number of the motor vehicle,

v.  for each time the motor vehicle was moved, the date and time it was moved, the locations from which and to which it was moved, the reason it was moved and the name of the person who moved it,

vi.  the date and time of any requests made by a person described in paragraph 1, 3 or 4 of subsection 32 (1) to retrieve or access the motor vehicle, and

vii.  the name and contact information of the person who retrieves the motor vehicle.

2.  A copy of the invoice referred to in section 35.

3.  A record of payment for the invoice and a copy of the receipt issued.

4.  A copy of any records relating to the disclosure required under section 36.

5.  Any communications, emails, notices or other documents sent to the vehicle owner or its operator in respect of the motor vehicle, including any attempts to contact the vehicle owner or its operator.

6.  A copy of any photographs the holder took of the vehicle.

7.  A record of any complaints from persons requesting or receiving the vehicle storage services and the certificate holder’s response to them.

8.  A record of any damage to a motor vehicle that occurred during the provision of the vehicle storage services.

(3) A record described in subsection (1) shall be kept while it is current and for at least two years thereafter.

(4) A record described in subsection (2) shall be kept for at least two years after the date it is created.

(5) A record described in subsection (1) or (2) shall be kept at the last known business address for the vehicle storage certificate holder appearing in the Ministry’s records.

(6) A vehicle storage certificate holder shall ensure that all stationery, forms, invoices and documents used in the course of their business bear, in clearly legible figures and letters, the name of the holder, and if different, the name under which the holder carries on business, and the business address, telephone number, email address and certificate number of the holder.

Information for Director

30. (1) A vehicle storage operator shall, within 15 days, notify the Director of any change to,

(a)  the operator’s legal name or name under which it carries on business;

(b)  the operator’s business address or email address;

(c)  where applicable, the officers or directors of the operator; and

(d)  any information about the operator’s relationships to other businesses, if the operator was required to provide such information in their application for a vehicle storage certificate.

(2) The Director may at any time request that a vehicle storage operator confirm whether the information that the Director has in the Director’s records for the operator is accurate and update any information that is no longer accurate, and the operator shall, within 15 days, comply with the request.

(3) A vehicle storage operator shall inform the Director of the location of any premises in Ontario at which the operator provides vehicle storage services within 15 days of commencing use of the premises.

(4) If a vehicle storage certificate is cancelled, the certificate holder shall provide to the Director, on request, any records or documents related to the holder’s business.

(5) If a vehicle storage operator decides to cease operating its vehicle storage business, it shall notify the Director at least 15 days prior to ceasing operation.

(6) If a vehicle storage certificate is suspended or cancelled, or the vehicle storage certificate holder notifies the Director under subsection (5) that it will cease operating, the certificate holder shall, for each stored vehicle, make arrangements with a person described in paragraph 1, 3 or 4 of subsection 32 (1), or in the case of an impounded motor vehicle, a police officer or inspector, to either retrieve the stored vehicle or transfer it to another vehicle storage yard facility as soon as is reasonably practicable.

Protection of Users of Towing Services and Vehicle Storage Services

Note: Sections 31 to 36 come into force on January 1, 2024, the day section 19 of Schedule 3 (Towing and Storage Safety and Enforcement Act, 2021) to the Moving Ontarians More Safely Act, 2021 comes into force.

Prohibited practices

31. For the purposes of section 17 of the Act, the following are prohibited practices:

1.  Making a false, misleading or deceptive statement or representation in any information, documents or advertising.

2.  Charging or attempting to charge for vehicle storage services for a motor vehicle for a time period after a person described in paragraph 1, 3 or 4 of subsection 32 (1) makes a good faith attempt to retrieve the vehicle from a vehicle storage yard.

3.  Charging or attempting to charge the maximum rate for a service if the operator has arranged with a person described in subsection 32 (1) to charge a lower amount.

4.  Soliciting a person to provide consent for services that have not been requested.

5.  Soliciting a person to enter into an agreement for services that have not been requested.

6.  Charging or attempting to charge fuel surcharges.

7.  Using information about a person gained from the provision of towing services or vehicle storage services for any purpose other than a purpose authorized under the Act or the Repair and Storage Liens Act.

Consent for towing services and vehicle storage services

32. (1) The following persons may consent to the provision of towing services and vehicle storage services in relation to a motor vehicle:

1.  The vehicle owner or a representative of the vehicle owner who is authorized by the owner to exercise control of the motor vehicle on the owner’s behalf.

2.  The driver of the motor vehicle or other person exercising control of the motor vehicle.

3.  The operator of the vehicle.

4.  A representative of the vehicle owner’s automobile insurance company.

(2) Where consent for towing services is not required under section 20 of the Act, the tow truck driver or tow operator shall, as soon as practicable, inform the local police services of the particulars of the tow and the location of the motor vehicle, unless the towing service was performed at the direction of a police officer.

Documentation of consent for towing services

33. (1) If consent for towing services is given in writing, the documentation of consent shall include,

(a)  the tow operator’s legal name and, if different, the name under which the operator carries on business;

(b)  the tow operator’s business address, email address and telephone number;

(c)  the tow certificate number of the tow operator under which the tow truck is being operated;

(d)  the name and tow driver’s certificate number of the tow truck driver who is providing the towing services;

(e)  the make, model, colour, licence plate number and vehicle identification number of the motor vehicle being towed;

(f)  the locations from which and to which the motor vehicle is being towed;

(g)  a description of the services to be provided;

(h)  the information required under section 31 of the Act respecting the disclosure of interests;

(i)  the name and contact information of the person giving consent;

(j)  the date and time the consent is given;

(k)  the signature of the person giving consent; and

(l)  the following wording, immediately before the signature line:

“You must be informed of your rights before you sign this Consent to Tow form.”

(2) If consent for towing services is given verbally, the documentation of consent shall include,

(a)  the information required under subsection (1);

(b)  the name and contact information of the person to whom consent is given;

(c)  if the consent is given by telephone, the telephone number of both the person giving consent and the tow operator; and

(d)  if the consent is given by a method other than telephone, information about how the person giving consent and the tow operator can be contacted.

(3) Before a person requesting towing services is asked to consent to the provision of the services, they must be given a document containing the wording set out in Schedule 2 or otherwise provided with the wording.

(4) Documentation of consent may be amended after the consent is given only if the motor vehicle is being towed to a different location than was originally specified and the change is consented to by the person who gave the original consent.

(5) The documentation of consent for towing services must be separate from the documentation of consent for vehicle storage services.

Maximum rate schedule

34. The maximum rate schedule of the tow operator or vehicle storage operator shall be provided to the person giving consent at the time the consent is requested.

Invoices

35. (1) An invoice for towing services shall include,

(a)  the tow operator’s legal name and, if different, the name under which the operator carries on business;

(b)  the tow operator’s business address, email address and telephone number;

(c)  the tow certificate number of the tow operator under which the tow truck was operated;

(d)  the name and tow driver’s certificate number of the tow truck driver who provided the towing services;

(e)  the name of the person to whom the invoice is issued;

(f)  the date and time the towing services were provided;

(g)  the make, model, colour, licence plate number and vehicle identification number of the motor vehicle that was towed;

(h)  the locations from which and to which the motor vehicle was towed;

(i)  any amounts charged, in itemized detail;

(j)  the subtotal, tax and total amount charged; and

(k)  the acceptable methods of payment.

(2) An invoice for vehicle storage services shall include,

(a)  the vehicle storage operator’s legal name and, if different, the name under which the operator carries on business;

(b)  the vehicle storage operator’s business address, email address and telephone number;

(c)  the vehicle storage operator’s certificate number;

(d)  the name of the person to whom the invoice is issued;

(e)  the address of the vehicle storage yard facility where the vehicle storage services were provided;

(f)  the make, model, colour, licence plate number and vehicle identification number of the stored motor vehicle;

(g)  for each time the motor vehicle was moved, the date and time it was moved, the locations from which and to which it was moved, the reason it was moved and the name of the person who moved it;

(h)  the date the motor vehicle was received for storage and the date it was released;

(i)  any amounts charged, in itemized detail;

(j)  the subtotal, tax and total amount charged; and

(k)  the acceptable methods of payment.

(3) No request for payment of any amount in relation to the provision of services shall be made,

(a)  before the services are provided; or

(b)  before a copy of the invoice for the services is provided to the vehicle owner or its operator.

(4) A receipt shall be given to a payor at the time of payment for towing services or vehicle storage services.

Restrictions on inducement, referrals

36. (1) For the purposes of subclause 29 (2) (b) (iii) of the Act, the following services are prescribed:

1.  Legal services provided by any person, corporation, partnership, sole proprietor, association or other entity authorized under the Law Society Act to practise law or provide legal services in Ontario.

2.  A health care service provided by any member of a College as defined in the Regulated Health Professions Act, 1991 or at a facility at which any member of a College as defined in that Act practises his or her profession.

(2) If a tow operator, tow truck driver or vehicle storage operator makes a referral described in subsection 30 (2) of the Act, or has an interest in a facility, business, person or entity described in subsection 31 (1) of the Act, the operator or driver shall disclose the nature of the interest and,

(a)  the benefits and consideration that are due to the operator, driver or another person as a result of making the referral; or

(b)  that there are no benefits or consideration due to the operator, driver or to another person, if that is the case.

(3) A tow operator or tow truck driver shall make the disclosure required by subsection (2) to the person requesting or receiving towing services at the time the referral is made.

(4) A vehicle storage operator shall make the disclosure required by subsection (2) to the person requesting vehicle storage services at the time the referral is made.

(5) If the disclosure required by subsection (2) is not given in writing, the tow operator, tow truck driver or vehicle storage operator shall,

(a)  make a written record of the disclosure that was made that includes,

(i)  the name and contact information of the person to whom the disclosure was given,

(ii)  the name and contact information of the person, business or entity to whom the person was referred,

(iii)  the benefits and consideration due for making the referral and the nature and extent of the interest,

(iv)  the date and time the disclosure was given,

(v)  if the disclosure was given by telephone, the telephone number of the tow truck driver, tow operator or vehicle storage operator, and

(vi)  if the disclosure was given by a method other than telephone, information about how the tow operator, tow truck driver or vehicle storage operator can be contacted; and

(b)  give a copy of the written record of the disclosure to the person to whom the disclosure was given as soon as practicable.

Appeals

Commencing an appeal

37. (1) An appeal to the Licence Appeal Tribunal shall be commenced by filing with the Tribunal a notice of appeal, together with the fee established by the Tribunal, within 15 days after the day the decision of the Director takes effect.

(2) The parties to the appeal are the Director and the applicant or certificate holder.

(3) Despite the Statutory Powers Procedure Act, the filing of an appeal under subsection (1) does not stay the decision, unless the Licence Appeal Tribunal orders otherwise.

(4) The Licence Appeal Tribunal may confirm, modify or set aside the decision of the Director.

Administration

Personal information

38. For the purposes of subsection 52 (1) of the Act, the prescribed purposes are,

(a)  to assist with the enforcement of the Act;

(b)  to assist the Director in making decisions on the issuance, renewal, suspension or cancellation of certificates and in making decisions on adding, amending or rescinding conditions on a certificate; and

(c)  to assist the Director with the administration of the Act.

Electronic records

39. (1) Any record that is required to be kept or retained under the Act or this Regulation may be kept or retained in electronic form if,

(a)  an electronic display of the document can be produced that is,

(i)  in a format that is readable,

(ii)  complete, as required by law, and

(iii)  unaltered in its final form; and

(b)  a paper copy of the document can be produced for inspection and copying.

(2) A requirement that a record be signed is satisfied by an electronic signature if,

(a)  the electronic signature is reliable for the purpose of identifying the person; and

(b)  the association of the electronic signature with the electronic document is reliable.

Notice

40. (1) For the purposes of section 57 of the Act, notice is sufficiently given, delivered or served if it is emailed or delivered personally to the person or mailed or couriered to the latest address of the person in the Ministry’s records or to another address at which there is reason to believe the person may be found.

(2) Notice shall be deemed to have been received,

(a)  on the day it was delivered personally;

(b)  on the fifth day after it was couriered;

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

(d)  on the day after it was sent by email.

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

(4) For the purposes of clause (2) (d), an email sent to the person at the most recent email address for the person in the Ministry’s records is sufficient giving of notice.

41. Omitted (provides for amendments to this Regulation).

42. Omitted (revokes other Regulations).

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

Schedule 1
Code of Conduct

1.  Every tow operator, tow truck driver and vehicle storage operator shall act with professionalism, integrity, courtesy, good faith and fairness toward the public and each other.

2.  Every tow operator, tow truck driver and vehicle storage operator must meet the standards of learning, competence and conduct that are appropriate for the services they provide and only undertake work that they are competent to perform by virtue of their knowledge and experience.

3.  Every tow operator, tow truck driver and vehicle storage operator shall regard his or her duty to public safety as paramount.

4.  Every tow operator, tow truck driver and vehicle storage operator shall comply with all applicable laws where they provide their services.

5.  Every tow operator, tow truck driver and vehicle storage operator shall honestly and accurately represent and advertise their services.

6.  Every tow operator, tow truck driver and vehicle storage operator shall adhere to this code and advise the Director of any act or omission of anyone that he or she believes to be contrary to this code.

Note: Schedule 2 comes into force on January 1, 2024, the day section 19 of Schedule 3 (Towing and Storage Safety and Enforcement Act, 2021) to the Moving Ontarians More Safely Act, 2021 comes into force.

Schedule 2
Wording To be Provided re consent

1. Tow operators and tow truck drivers must follow the requirements of the Towing and Storage Safety and Enforcement Act, 2021. The Act sets out responsibilities for the operation of a tow truck, conduct toward the public and at the scene of an accident, and the rates that can be charged for towing a motor vehicle. The Act also sets out rights you have when requesting or receiving towing services.

2. You have the right to,

(a)  decide who can tow your vehicle and where your vehicle will be towed to;

(b)  receive and review the Consent to Tow form and Maximum Rate Schedule before towing begins; do not sign a blank form;

(c)  receive an unaltered copy of the signed Consent to Tow form;

(d)  receive an itemized invoice before paying and get a receipt when you pay;

(e)  choose the payment method; and

(f)  contact the Ministry of Transportation if you have any concerns about the towing services you receive or the conduct of the tow truck driver or tow operator.

3. Tow truck drivers and tow operators must,

(a)  notify you if your vehicle is taken to a location that is different from the location you identified;

(b)  not charge more than the rates published on the Government of Ontario’s website on the Towing and Storage Safety and Enforcement Act, 2021;

(c)  accept multiple forms of payment;

(d)  not solicit you to consent to other services, including vehicle storage services;

(e)  not refer you to any medical or legal services and can only refer you to another towing, vehicle storage or vehicle repair business if you request it; and

(f)  disclose any interest they have or benefit they may receive from the referral at the time of making the referral.

4. Tow truck drivers and tow operators are identified by name and certificate number on the Consent to Tow form and on the tow truck. Make sure the tow operator’s name and certificate number on the tow truck matches the documentation.

5. Tow truck drivers and tow operators are subject to a Code of Conduct. See the Government of Ontario’s website on the Towing and Storage Safety and Enforcement Act, 2021.