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Highway Traffic Act

R.R.O. 1990, REGULATION 581

Accessible PARKING for persons with disabilities

Consolidation Period: From January 1, 2013 to the e-Laws currency date.

Last amendment:  O. Reg. 419/12.

This is the English version of a bilingual regulation.

1. In this Regulation,

“person with a disability” means an individual,

(a) who cannot walk without the assistance of another individual or of a brace, cane, crutch, lower limb prosthetic device or similar assistive device or who requires the assistance of a wheelchair,

(b) who suffers from lung disease to such an extent that his or her forced expiratory volume in one second is less than one litre,

(c) for whom portable oxygen is a medical necessity,

(d) who suffers from cardiovascular disease to such an extent that the individual’s functional capacity is classified as Class III or Class IV according to Nomenclature and Criteria for Diagnosis of Diseases of the Heart and Great Vessels, ninth edition, published by Little, Brown & Co. in 1994,

(e) whose ability to walk is severely limited due to an arthritic, neurological, musculoskeletal or orthopaedic condition,

(f) whose visual acuity is 20/200 or poorer in the better eye, with corrective lenses if required, or whose maximum field of vision using both eyes has a diameter of 20 degrees or less, or

(g) whose mobility is severely limited by one or more conditions or functional impairments; (“personne handicapée”)

“registered nurse in the extended class” means a member of the College of Nurses of Ontario who is a registered nurse holding an extended certificate of registration under the Nursing Act, 1991; (“infirmière autorisée ou infirmier autorisé de la catégorie supérieure”)

“regulated health practitioner” means a person legally qualified to practise in Canada as a physician, chiropodist, chiropractor, occupational therapist, physiotherapist, podiatrist or registered nurse in the extended class; (“praticien de la santé réglementé”)

“traveller permit” means an accessible parking permit for use related to travel issued under subsection 2 (4) to an individual holding an unexpired accessible parking permit for general use issued under subsection 2 (1). (“permis de voyageur”)  O. Reg. 612/05, s. 2; O. Reg. 543/07, s. 1; O. Reg. 308/10, s. 1.

2. (1) The Minister shall issue an accessible parking permit for general use to every individual who applies for it on a form provided by the Ministry, if a regulated health practitioner certifies the following on the form:

1. That the applicant is a person with a disability.

2. The nature of the disability.

3. Whether the disability is temporary or permanent or whether this fact is unknown.

4. If the disability is temporary, the anticipated length of time the disability is expected to continue, if known.  O. Reg. 612/05, s. 2; O. Reg. 113/08, s. 1 (1); O. Reg. 308/10, s. 2 (1).

(2) If, after January 16, 2006, a regulated health practitioner certifies on an application for an accessible parking permit that the applicant is a person with a permanent disability, no certification from a regulated health practitioner is required on any application for renewal of that permit, despite subsection (1).  O. Reg. 612/05, s. 2; O. Reg. 308/10, s. 2 (2).

(3) If an individual holds an unexpired accessible parking permit for general use issued under subsection (1), the Minister shall not issue another accessible parking permit for general use to the individual under subsection (1).  O. Reg. 612/05, s. 2; O. Reg. 308/10, s. 2 (3).

(4) The Minister shall issue an accessible parking permit for use related to travel to every individual who applies for it and holds an unexpired accessible parking permit for general use issued under subsection (1).  O. Reg. 612/05, s. 2; O. Reg. 308/10, s. 2 (4).

(5) Every accessible parking permit for use related to travel issued under subsection (4) shall specify the locations or circumstances in which it may be used.  O. Reg. 612/05, s. 2; O. Reg. 308/10, s. 2 (5).

(5.1) The Minister shall issue an accessible parking permit for use on a motorcycle or motor assisted bicycle to every individual who applies for it and who,

(a) owns or leases a motorcycle or motor assisted bicycle;

(b) holds a Class M or M2 driver’s licence; and

(c) holds an unexpired accessible parking permit for general use that was issued as provided by clause 5 (1) (a) or (c).  O. Reg. 113/08, s. 1 (2); O. Reg. 308/10, s. 2 (6).

(6) The Minister shall issue accessible parking permits, other than traveller permits or accessible parking permits for use on a motorcycle or motor assisted bicycle,

(a) to a corporation, in respect of the number of vehicles that are owned or leased by the corporation primarily to provide transportation services to persons with a disability; and

(b) to an organization, in respect of the number of vehicles that are owned or leased by the organization and used on a non-profit basis to provide transportation services to persons with a disability.  O. Reg. 612/05, s. 2; O. Reg. 113/08, s. 1 (3); O. Reg. 308/10, s. 2 (7).

3. The Minister shall issue an accessible parking permit for general use to a visitor to Ontario, if the visitor,

(a) provides evidence that he or she is the holder of a currently valid permit, number plate or other marker or device bearing the international symbol of access for persons with a disability issued by the visitor’s home jurisdiction; or

(b) provides other evidence that he or she is from another jurisdiction and is a person with a disability.  O. Reg. 612/05, s. 2; O. Reg. 113/08, s. 2; O. Reg. 308/10, s. 3.

4. If an accessible parking permit is lost or stolen, the Minister shall issue a replacement permit if,

(a) the loss or theft is reported to the Ministry on a form supplied by the Ministry; and

(b) the applicant continues to meet the requirements of section 2 or 3, as applicable.  R.R.O. 1990, Reg. 581, s. 4; O. Reg. 308/10, s. 4.

5. (1) An accessible parking permit issued to an individual shall be issued,

(a) if the regulated health practitioner certifies that the disability is permanent, for 60 months;

(b) if the regulated health practitioner certifies that the disability is temporary and specifies the anticipated length of time the disability is expected to continue, for the anticipated length of time the disability is expected to continue, up to a maximum of 12 months;

(c) if the regulated health practitioner certifies that it is not possible to determine whether the disability is temporary or permanent, or if the regulated health practitioner certifies that the disability is temporary but of unknown duration, for 60 months;

(d) if the individual is a visitor described in section 3, for the length of the visit, up to a maximum of six months;

(e) if it is a traveller permit, for the lesser of 12 months and the period ending on the date of expiry of the individual’s accessible parking permit for general use;

(f) if it is a permit for use on a motorcycle or motor assisted bicycle, for the period ending on the earlier of the date of expiry on the permit, if any, and the date of expiry of the individual’s accessible parking permit for general use.  O. Reg. 612/05, s. 3; O. Reg. 543/07, s. 2; O. Reg. 113/08, s. 3; O. Reg. 308/10, s. 5 (1).

(2) An accessible parking permit issued to a corporation under clause 2 (6) (a) shall be issued for a term that reflects the contractual or other obligations of the corporation to provide transportation services to persons with a disability, up to a maximum of 60 months.  O. Reg. 612/05, s. 3; O. Reg. 308/10, s. 5 (2).

(3) An accessible parking permit issued to an organization under clause 2 (6) (b) shall be issued for the length of time that the organization anticipates that it will be providing transportation services to persons with a disability, up to a maximum of 60 months.  O. Reg. 612/05, s. 3; O. Reg. 308/10, s. 5 (3).

6. (1) An accessible parking permit ceases to be in force if the holder of the permit ceases to be a person with a disability.  O. Reg. 612/05, s. 3; O. Reg. 308/10, s. 6 (1).

(2) An accessible parking permit issued to an individual is not valid when it is displayed on a vehicle if,

(a) the vehicle is not being used to pick up or transport the holder of the permit; or

(b) the accessible parking permit is a traveller permit and is being used in locations or circumstances not specified on the permit.  O. Reg. 612/05, s. 3; O. Reg. 113/08, s. 4 (1); O. Reg. 308/10, s. 6 (2).

(3) An accessible parking permit issued to a corporation or an organization is not valid when it is displayed on a vehicle if the vehicle is not being used to pick up or transport a person with a disability.  O. Reg. 113/08, s. 4 (2); O. Reg. 308/10, s. 6 (3).

(4) An accessible parking permit issued under subsection 2 (5.1) for use on a motorcycle or motor assisted bicycle is not valid when it is displayed on a motorcycle or motor assisted bicycle,

(a) in a circumstance described in clause (2) (a);

(b) if the person to whom it was issued does not also have the accessible parking permit for general use that was issued to him or her under subsection 2 (1) with him or her; or

(c) if the person to whom it was issued does not hold a valid Class M or M2 driver’s licence.  O. Reg. 113/08, s. 4 (2); O. Reg. 308/10, s. 6 (4).

7. (1) Subject to subsection (2), an accessible parking permit shall be displayed on the sun visor or on the dashboard of a vehicle so that the international symbol of access for persons with a disability, the permit number and the expiry date of the permit are clearly visible from the outside of the vehicle.  O. Reg. 113/08, s. 5; O. Reg. 308/10, s. 7 (1).

(2) If the vehicle is a motorcycle or motor assisted bicycle, an accessible parking permit issued under subsection 2 (5.1) shall be displayed on the top left corner of the number plate on the vehicle.  O. Reg. 113/08, s. 5; O. Reg. 308/10, s. 7 (2).

8. A vehicle displaying a currently valid permit, number plate or other marker or device bearing the international symbol of access for persons with a disability and issued by another jurisdiction is entitled to the same privileges as a vehicle displaying an accessible parking permit issued under the Act.  O. Reg. 612/05, s. 3; O. Reg. 308/10, s. 8.

9. (1) An unexpired accessible parking permit shall be returned to the Ministry promptly if,

(a) the holder is no longer a person with a disability;

(b) the permit is cancelled; or

(c) the permit contains incorrect information.  R.R.O. 1990, Reg. 581, s. 9; O. Reg. 612/05, s. 4; O. Reg. 308/10, s. 9 (1).

(2) If the holder of an unexpired accessible parking permit dies, any person who comes into possession of the permit after the holder’s death shall promptly return the permit to the Ministry.  O. Reg. 543/07, s. 3; O. Reg. 308/10, s. 9 (2).

(3) An expired accessible parking permit for use on a motorcycle or motor assisted bicycle shall be removed from and not displayed on any motorcycle or motor assisted bicycle.  O. Reg. 113/08, s. 6; O. Reg. 308/10, s. 9 (3).

10. A parking space designated by a sign under section 11 on land owned and occupied by the Crown may be used only by vehicles displaying a valid accessible parking permit in accordance with this Regulation.  R.R.O. 1990, Reg. 581, s. 10; O. Reg. 308/10, s. 10.

11. A parking space designated on Crown land or under a municipal by-law for the use of persons with a disability or required by Ontario Regulation 191/11 (Integrated Accessibility Standards) made under the Accessibility for Ontarians with Disabilities Act, 2005 for the use of persons with a disability shall be distinctly indicated by erecting an accessible parking permit sign which shall,

(a) be not less than forty-five centimetres in height and not less than thirty centimetres in width and bear the markings and have the dimensions as described and illustrated in the following Figure:

Illustration of sign with No parking symbol, International Symbol of Access and text BY PERMIT ONLY.

Text alternative: An illustration of an accessible parking permit sign.  At the top of the sign, a large letter “P” inside a “no” symbol appears.  Below this, the International Symbol of Access appears.  This symbol consists of a square containing figure in a wheelchair.  Below this, at the bottom of the sign, the phrase “BY PERMIT ONLY” appears. The following measurements are written below the sign: (30 x 45) cm.  The sign appears in black and white, but is surrounded by arrows pointing to its different elements indicating the colours in which they must appear, and arrows identifying the size measurements of the elements of the sign and the distance between the elements. This text alternative is provided for convenience only and does not form part of the official law.

or,

(b) be not less than sixty centimetres in height and not less than thirty centimetres in width and bear the markings and have the dimensions as described and illustrated in the following Figure:

Illustration of sign with No parking symbol, International Symbol of Access and BY PERMIT ONLY - AVEC PERMIS SEULEMENT.

Text alternative: An illustration of an accessible parking permit sign.  At the top of the sign, a large letter “P” inside a “no” symbol appears.  Below this, the International Symbol of Access appears.  This symbol consists of a square containing figure in a wheelchair.  Below this, the phrase “BY PERMIT ONLY” appears.  Below this, a horizontal black line appears.  Below this, at the bottom of the sign, the phrase “AVEC PERMIS SEULEMENT” appears.  The following measurements are written below the sign:  (30 x 60) cm.  The sign appears in black and white, but is surrounded by arrows pointing to its different elements indicating the colours in which they must appear, and arrows identifying the size measurements of the elements of the sign and the distance between the elements. This text alternative is provided for convenience only and does not form part of the official law.

R.R.O. 1990, Reg. 581, s. 11; O. Reg. 612/05, s. 5; O. Reg. 308/10, s. 11; O. Reg. 419/12, s. 1.

12. Revoked:  O. Reg. 612/05, s. 6.

13. (1) A sign that prohibits stopping except the stopping of vehicles displaying a valid accessible parking permit shall be not less than seventy-five centimetres in height and not less than thirty centimetres in width and bear the markings and have the dimensions as described and illustrated in the following Figure:

Illustration of sign with No stopping symbol, International Symbol of Access, text BY PERMIT ONLY and arrows.

Text alternative: An illustration of a sign that prohibits stopping except the stopping of vehicles displaying a valid accessible parking permit.  At the top of the sign, a black octagonal symbol inside a “no” symbol appears.  Below this, the International Symbol of Access appears.  This symbol consists of a square containing figure in a wheelchair.  Below this, the phrase “BY PERMIT ONLY” appears.  Below this, at the bottom of the sign, two black arrows appear.  One arrow points to the left and the other arrow points to the right.  The following measurements are written below the sign:  (30 x 75) cm.  The sign appears in black and white, but is surrounded by arrows pointing to its different elements indicating the colours in which they must appear, and arrows identifying the size measurements of the elements of the sign and the distance between the elements. This text alternative is provided for convenience only and does not form part of the official law.

O. Reg. 908/93, s. 1; O. Reg. 308/10, s. 12 (1).

(2) Despite subsection (1), in an area designated by the French Language Services Act, a sign that prohibits stopping except the stopping of vehicles displaying a valid accessible parking permit shall be not less than seventy-five centimetres in height and not less than thirty centimetres in width and bear the markings and have the dimensions as described and illustrated in the following Figure:

Illustration of sign with No stopping symbol, Symbol of Access, BY PERMIT ONLY - AVEC PERMIS SEULEMENT, arrows.

Text alternative: An illustration of a sign that prohibits stopping except the stopping of vehicles displaying a valid accessible parking permit. At the top of the sign, a black octagonal symbol inside a “no” symbol appears.  Below this, the International Symbol of Access appears.  This symbol consists of a square containing figure in a wheelchair.  Below this, the phrase “BY PERMIT ONLY” appears.  Below this, a horizontal black line appears.  Below this, the phrase “AVEC PERMIS SEULEMENT” appears.  Below this, at the bottom of the sign, two black arrows appear.  One arrow points to the left and the other arrow points to the right.  The following measurements are written below the sign:  (30 x 75) cm.  The sign appears in black and white, but is surrounded by arrows pointing to its different elements indicating the colours in which they must appear, and arrows identifying the size measurements of the elements of the sign and the distance between the elements. This text alternative is provided for convenience only and does not form part of the official law.

O. Reg. 908/93, s. 1; O. Reg. 308/10, s. 12 (2).

14. (1) A sign that prohibits standing except the standing of vehicles displaying a valid accessible parking permit shall be not less than sixty centimetres in height and not less than thirty centimetres in width and bear the markings and have the dimensions as described and illustrated in the following Figure:

Illustration of sign with text NO STANDING, International Symbol of Access, text BY PERMIT ONLY and arrows.

Text alternative: An illustration of a sign that prohibits standing except the standing of vehicles displaying a valid accessible parking permit.  At the top of the sign, the phrase “NO STANDING” appears.  Below this, the International Symbol of Access appears.  This symbol consists of a square containing figure in a wheelchair.  Below this, the phrase “BY PERMIT ONLY” appears.  Below this, at the bottom of the sign, two black arrows appear.  One arrow points to the left and the other arrow points to the right.  The following measurements are written below the sign:  (30 x 60) cm.  The sign appears in black and white, but is surrounded by arrows pointing to its different elements indicating the colours in which they must appear, and arrows identifying the size measurements of the elements of the sign and the distance between the elements. This text alternative is provided for convenience only and does not form part of the official law.

O. Reg. 908/93, s. 1; O. Reg. 308/10, s. 13 (1).

(2) Despite subsection (1), in an area designated by the French Language Services Act, a sign that prohibits standing except the standing of vehicles displaying a valid accessible parking permit shall be not less than seventy-five centimetres in height and not less than thirty centimetres in width and bear the markings and have the dimensions as described and illustrated in the following Figure:

Illustration of sign with text NO STANDING, International Symbol of Access, text BY PERMIT ONLY and arrows, with French.

Text alternative: An illustration of a sign that prohibits standing except the standing of vehicles displaying a valid accessible parking permit.  At the top of the sign, the phrase “NO STANDING” appears.  Below this, a horizontal black line appears.  Below this, the phrase “ARRÊT INTERDIT” appears.  Below this, the International Symbol of Access appears.  This symbol consists of a square containing a figure in a wheelchair.  Below this, the phrase “BY PERMIT ONLY” appears.  Below this, a horizontal black line appears.  Below this, the phrase “AVEC PERMIS SEULEMENT” appears.  Below this, at the bottom of the sign, two black arrows appear.  One arrow points to the left and the other arrow points to the right.  The following measurements are written below the sign:  (30 x 75) cm.  The sign appears in black and white, but is surrounded by arrows pointing to its different elements indicating the colours in which they must appear, and arrows identifying the size measurements of the elements of the sign and the distance between the elements. This text alternative is provided for convenience only and does not form part of the official law.

O. Reg. 908/93, s. 1; O. Reg. 308/10, s. 13 (2).

 

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