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# result(s)

Highway Traffic Act
Code de la route

R.R.O. 1990, REGULATION 586

DRIVING INSTRUCTOR’S LICENCE

Historical version for the period November 10, 2005 to August 22, 2007.

Last amendment: O. Reg. 576/05.

This Regulation is made in English only.

1. In this Regulation,

driving instructor” means a person who instructs in the operation of a Class G motor vehicle, as prescribed in Regulation 585 of the Revised Regulations of Ontario, 1990, and receives compensation for doing so. R.R.O. 1990, Reg. 586, s. 1.

2. No person shall act as a driving instructor unless the person holds a driving instructor’s licence issued by the Minister. R.R.O. 1990, Reg. 586, s. 2.

3. (1) The Minister may issue a driving instructor’s licence to any applicant who satisfies the Minister that,

(a) the applicant has the ability to operate and to instruct in the safe operation of a Class G motor vehicle;

(b) the applicant has held a driver’s licence or its equivalent in another jurisdiction for at least four years and currently holds a driver’s licence other than a Class G1, G2, L, M1, M2 or R driver’s licence;

(c) the applicant is not classed as a probationary driver under Regulation 578 of the Revised Regulations of Ontario, 1990;

(d) the applicant has not accumulated more than six demerit points in his or her driving record;

(e) the applicant’s driver’s licence has not been under suspension at any time within the preceding twelve months as a result of being found guilty or of a conviction of an offence,

(i) under section 53, subsection 128 (15), section 130, 172, 200 or 216 of the Act, or

(ii) 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;

(f) the applicant has not been found guilty or convicted within the preceding five years of two or more offences under the Criminal Code (Canada) committed on different dates by means of a motor vehicle or while driving or having the care or control of a motor vehicle;

(g) the applicant has not been convicted or found guilty within the preceding five years of an offence under section 151, 152, 153, 155, 159, 160, 163, 167, 168, 170, 171, 172, 173, 212, 271, 272 or 273 of the Criminal Code (Canada) or under section 4 or 5 of the Narcotics Control Act (Canada);

(h) the applicant is a fit and proper person to be licensed as a driving instructor having regard to the applicant’s character and integrity; and

(i) the applicant has, not more than five years before the date of application, successfully completed a course for driving instructors approved by the Ministry. R.R.O. 1990, Reg. 586, s. 3 (1); O. Reg. 707/92, s. 1; O. Reg. 342/94, s. 1 (1).

(2) For the purposes of clause (1) (d), where an applicant has been licensed by another province of Canada or by a state of the United States of America in the two years immediately preceding the date of the application, the driving record of the applicant during the two-year period in the province or state shall be taken into account. R.R.O. 1990, Reg. 586, s. 3 (2).

(3) An applicant who is a holder of a Class A, B, C, D, E, F or G driver’s licence must successfully complete the examinations referred to in clause 15 (1) (a) and subsection 15 (2) of Ontario Regulation 340/94 and meet the requirements of section 18 of that Regulation. O. Reg. 342/94, s. 1 (2); O. Reg. 576/05, s. 1.

4. (1) The following fees shall be paid with respect to a driving instructor’s licence:

1.

For an investigation and driving instructor’s examination under clause 15 (1) (a), subsection 15 (2) and section 18 of Ontario Regulation 340/94

$95.00

2.

For a subsequent driving instructor’s road test

75.00

3.

For an examination of the person’s knowledge of the Act and its regulations

10.00

4.

For an initial driving instructor’s licence, per month to the date of its expiry

1.25

5.

For a renewal of a driving instructor’s licence, per year to the date of its expiry

15.00

6.

For a replacement driving instructor’s licence in case of loss or destruction of the original

10.00

O. Reg. 342/94, s. 2; O. Reg. 576/05, s. 2 (1).

(2) After November 27, 2005, the fee for a test under paragraph 1 or 2 of subsection (1) is due when the test is booked and is payable even if the time booked for taking the test passes without the test being taken. O. Reg. 576/05, s. 2 (2).

(3) A fee paid under paragraph 1 or 2 of subsection (1) after November 27, 2005 is not refundable except as follows:

1. The fee may be fully refunded or fully credited towards a subsequent fee payable by the individual for a test described in paragraph 1 or 2 of subsection (1) as the test the individual failed to take if the applicant provides notice or reason satisfactory to the Minister.

2. Half of the fee may be refunded or credited towards a subsequent fee payable by the individual for a test described in paragraph 1 or 2 of subsection (1) if the individual attended the test, but failed to take the test because the vehicle to be used by the individual in the test was considered by the Minister to be unsatisfactory for use in a road test.

3. Half of the fee may be refunded or credited towards a subsequent fee payable by the individual for a test described in paragraph 1 or 2 of subsection (1) if the individual attended the test, but failed to take or complete the test because a person authorized by the Minister to make such determination determined that the test could not be taken or completed. O. Reg. 576/05, s. 2 (2).

5. (1) A person shall pay a penalty of 10 per cent of the amount owing if,

(a) the person purports to pay by cheque, whether separately or together with another payment, a fee payable under this Regulation and the payment is dishonoured;

(b) the person fails to pay the amount owing within 30 days after the date of a letter from the Ministry informing him or her that the payment was dishonoured; and

(c) the amount of the payment is $50 or more.

(2) Subsection (1) does not apply if an equal penalty is payable with respect to the same payment under the authority of another regulation made under the Act. O. Reg. 342/94, s. 2.

6. An application for a driving instructor’s licence shall be accompanied by,

(a) two photographs of the applicant taken within thirty days of the date on which the application is made;

(b) such material as may be required by the Minister for the purpose of section 3; and

(c) the prescribed fee. R.R.O. 1990, Reg. 586, s. 6.

7. The Minister may issue a temporary driving instructor’s licence to an applicant for the period during which the application is being considered. R.R.O. 1990, Reg. 586, s. 7.

8. (1) A driving instructor’s licence or a renewal of it shall be issued for a period of at least one year and shall expire on the 31st of March in the year shown on the licence. O. Reg. 707/92, s. 2.

(2) Despite subsection (1), a driving instructor’s licence expires upon the holder of a driving instructor’s licence,

(a) ceasing to be a holder of a driver’s licence authorizing the licensee to drive a Class G motor vehicle by reason of,

(i) a suspension resulting from a conviction of an offence under section 53, subsection 128 (15), section 130, 172 or 200 of the Act, or

(ii) a suspension under section 41 or 42 of the Act;

(b) accumulating more than eight demerit points in his or her driving record;

(c) being classed as a probationary driver under Ontario Regulation 340/94; or

(d) being classed as a novice driver in Class G1 or G2 under Ontario Regulation 340/94. R.R.O. 1990, Reg. 586, s. 8 (2); O. Reg. 342/94, s. 3; O. Reg. 576/05, s. 3.

(3) A driving instructor’s licence that is not renewed within one year of its date of expiry is not renewable. R.R.O. 1990, Reg. 586, s. 8 (3).

9. (1) The Minister may suspend or revoke a driving instructor’s licence for any grounds upon which an application for a licence may be refused under section 3.

(2) The Minister may, at any time, require the holder of a driving instructor’s licence to submit evidence indicating that the holder satisfies or continues to satisfy the requirements set out in section 3.

(3) Subsection (1) does not apply to a ground for refusal set out in clause 3 (1) (d) or (i). R.R.O. 1990, Reg. 586, s. 9.

10. A photograph of the holder of a driving instructor’s licence shall be attached to the licence at all times. R.R.O. 1990, Reg. 586, s. 10.

11. Every driving instructor, while giving driving instruction, shall display the driving instructor’s licence in the motor vehicle in such a position that it is plainly visible to the student driver. R.R.O. 1990, Reg. 586, s. 11.