R.R.O. 1990, Reg. 1091: OPERATING LICENCES

Truck Transportation Act
Loi sur le camionnage

R.R.O. 1990, REGULATION 1091

Amended to O. Reg. 638/05

OPERATING LICENCES

Historical version for the period December 9, 2005 to December 31, 2005.

This Regulation is made in English only.

1. (1) In this Regulation and in an operating authority,

“bulk goods” means goods that can be scooped, poured, pumped or shovelled and are loaded, transported and delivered in bulk quantities;

“dump vehicle” means a commercial motor vehicle, trailer or semi-trailer, other than a tilt’n load vehicle, tank vehicle or hopper vehicle that discharges its load either by means of a mechanical conveyor system that is part of the vehicle or by tilting the container;

“geographic area” includes a point, place or highway but does not include a location outside Ontario;

“goods” does not include,

(a) uncrated furniture, appliances and personal effects transported as part of a relocation of a household,

(b) vehicles and boats moved as part of a relocation of a household, or

(c) uncrated new vehicles;

“hopper vehicle” means a commercial motor vehicle, trailer or semi-trailer that discharges its load through a bottom opening without tilting or dumping but does not include a tank vehicle;

“household goods” means,

(a) furniture, appliances and personal effects transported as part of the relocation of a household and includes vehicles and boats moved as part of the same household,

(b) uncrated furniture and equipment transported to an office, store, factory, commercial establishment, museum, hospital or public institution to be furnishings therein,

(c) stock-in-trade moved as part of the relocation of an office, store or commercial establishment, and

(d) objects of art, displays, exhibits, computers and electronic devices that require specialized handling;

“Household Goods Carrier” means the holder of an operating authority for the carriage of household goods while operating the business of a household goods mover;

“new vehicle” means 37 111 — motor passenger or air cars, assembled, 37 112 — motor trucks or truck tractors, assembled, for which a permit other than a temporary permit has not been issued under section 7 of the Highway Traffic Act or a comparable legislative provision in another jurisdiction;

“Northern Ontario” means the districts of Rainy River, Kenora, Thunder Bay, Sudbury, Manitoulin, Algoma, Cochrane, Timiskaming, Nipissing and Parry Sound, The District Municipality of Muskoka and The Regional Municipality of Sudbury;

“place of business”, in relation to a household goods mover, means a terminal, warehouse, office or garage at which a licensee or an employee or agent of a licensee reports for work and performs regular service;

“specialized equipment” means,

(a) a tilt’n load vehicle, or

(b) an unenclosed commercial vehicle, trailer or semi-trailer with a load-bearing surface that is not more than 1.22 metres above the road surface;

“tank vehicle” means a commercial motor vehicle, trailer or semi-trailer that has attached to the chassis, deck or body thereof an enclosed container,

(a) capable of being used for the storage of 2.3 kilolitres of bulk goods during transportation on the highway, and

(b) constructed so that the area of all apertures giving access to the bulk goods is no more than 5 per cent of the external area of the enclosed container;

“unenclosed vehicle” includes a vehicle or part thereof equipped with a tarpaulin or other removable cover. R.R.O. 1990, Reg. 1091, s. 1 (1).

(2) This Regulation applies only to operating licences issued under the Truck Transportation Act and not to operating licences issued under the Public Commercial Vehicles Act, being chapter 407 of the Revised Statutes of Ontario, 1980. R.R.O. 1990, Reg. 1091, s. 1 (2).

2. (1) The following classes of operating authorities may be issued:

1. General Freight.

2. Tank Vehicle.

3. Household Goods.

4. Bulk.

5. Heavy and Specialized.

6. Named Commodity.

7. Interchange.

8. Intermediary.

9. Single-source.

10. Owner-driver. R.R.O. 1990, Reg. 1091, s. 2 (1).

(2) An operating authority shall be in a form set out in the Schedule and, except as provided for in the Act or this Regulation, shall not contain any,

(a) additions;

(b) deletions;

(c) limitations; or

(d) conditions,

that restrict the operation of the licensee. R.R.O. 1990, Reg. 1091, s. 2 (2).

(3) An Interchange operating authority authorizes the holder thereof to carry goods under an operating licence of an affiliated corporation so long as,

(a) the affiliated corporation requires additional commercial motor vehicles;

(b) the holder of the Interchange operating authority does not solicit business requiring the operation of a vehicle under the operating licence of the affiliated corporation;

(c) there is no reduction in the number of commercial motor vehicles registered under the Highway Traffic Act and operated under the Truck Transportation Act in the name of the affiliated corporation;

(d) the goods are carried pursuant to a bill of lading issued by the affiliated corporation;

(e) the goods are carried in accordance with the terms of the affiliated corporation’s operating licence; and

(f) the holder of the Interchange operating authority and the affiliated corporation remain affiliated. R.R.O. 1990, Reg. 1091, s. 2 (3).

(4) An operating authority that authorizes the carriage of goods to or from a named geographic area in Ontario or between named geographic areas in Ontario authorizes the carriage of goods within the named geographic areas. R.R.O. 1990, Reg. 1091, s. 2 (4).

(5) An operating authority that authorizes the carriage of hogs to an assembly point of the Ontario Pork Producers Marketing Board authorizes the carriage of hogs to any other place at the direction of that Board. R.R.O. 1990, Reg. 1091, s. 2 (5).

(6) If an operating authority indicates an origin and more than one destination for the carriage of goods, the goods may be carried to any place indicated as an origin or a destination. R.R.O. 1990, Reg. 1091, s. 2 (6).

(7) Every operating authority authorizes the holder thereof who carries the goods to carry to the consignor or as directed by the consignor,

(a) the goods that have been rejected or returned by the consignee; and

(b) empty containers with a capacity not in excess of thirty cubic metres, empty pallets and other packing materials previously used to convey the goods. R.R.O. 1990, Reg. 1091, s. 2 (7).

(8) Goods described in clause (a) of the definition of “household goods” may be carried only under the authority of a Household Goods operating authority. R.R.O. 1990, Reg. 1091, s. 2 (8).

3. An applicant for a Household Goods operating authority that authorizes carriage to all points in Ontario shall provide the Ministry with the applicant’s place or places of business. R.R.O. 1990, Reg. 1091, s. 3.

4. (1) The use of a tank vehicle is authorized by an operating authority only when the authority so stipulates. R.R.O. 1990, Reg. 1091, s. 4 (1).

(2) The carriage of new vehicles is authorized by an operating authority only when the authority so stipulates. R.R.O. 1990, Reg. 1091, s. 4 (2).

(3) Despite subsection (2), a General Freight operating authority or a Heavy and Specialized operating authority authorizes the holder to carry new vehicles other than those commonly known as passenger cars, station wagons, vans and pick-up trucks. R.R.O. 1990, Reg. 1091, s. 4 (3).

5. (1) Reference in an operating authority to a city, town, village or township has the same meaning as it does in the Municipal Act. R.R.O. 1990, Reg. 1091, s. 5 (1).

(2) Reference in an operating authority to a regional municipality, district municipality or The Municipality of Metropolitan Toronto has the same meaning as it does in the Act establishing the regional municipality, the district municipality or The Municipality of Metropolitan Toronto. R.R.O. 1990, Reg. 1091, s. 5 (2).

(3) Reference in an operating authority to any district, district municipality or regional municipality in Northern Ontario has the same meaning as it does in the Act establishing the district, the district municipality or the regional municipality. R.R.O. 1990, Reg. 1091, s. 5 (3).

(4) The term “between” in an operating authority means that the origin and destination of the goods carried must be in the named geographic areas. R.R.O. 1990, Reg. 1091, s. 5 (4).

(5) Reference to a township in an operating authority does not include the cities, towns and villages within the township. R.R.O. 1990, Reg. 1091, s. 5 (5).

(6) Reference to a county in an operating authority includes all municipalities within the county. R.R.O. 1990, Reg. 1091, s. 5 (6).

(7) Reference to a regional municipality, district municipality or The Municipality of Metropolitan Toronto includes all the area municipalities therein. R.R.O. 1990, Reg. 1091, s. 5 (7).

(8) Reference to any district, district municipality or regional municipality in Northern Ontario in an operating authority does not include,

(a) the cities of North Bay, Sault Ste. Marie, Sudbury, Thunder Bay and Timmins; or

(b) the towns of Bracebridge, Cochrane, Dryden, Elliot Lake, Espanola, Fort Frances, Gravenhurst, Haileybury, Hearst, Huntsville, Iroquois Falls, Kapuskasing, Kenora, Kirkland Lake, New Liskeard, Nickel Centre, Onaping Falls, Parry Sound, Rayside-Balfour, Sturgeon Falls, Valley East and Walden. R.R.O. 1990, Reg. 1091, s. 5 (8).

(9) Reference to “points in Ontario” in an operating authority includes any point in Ontario. R.R.O. 1990, Reg. 1091, s. 5 (9).

6. (1) All references in an operating authority to commodities, other than new vehicles or road construction materials, shall be in the terms by which they are described in the STCC and shall include the STCC number. R.R.O. 1990, Reg. 1091, s. 6 (1).

(2) Except as otherwise specifically indicated, reference to a STCC number in an operating authority includes all articles whose STCC number begins with the STCC number referred to. R.R.O. 1990, Reg. 1091, s. 6 (2).

(3) An abbreviation in an operating authority has the meaning attributed to it in the STCC. R.R.O. 1990, Reg. 1091, s. 6 (3).

Notice of Contract

7. The holder of an Owner-driver authority or Single-source authority shall file with the Registrar a notice of contract containing,

(a) the name, address and CVOR certificate number of the licensee;

(b) the name, address and CVOR certificate number of the other party to the contract;

(c) the manufacturer’s vehicle identification number or similar identifying mark for the commercial vehicle or vehicles operated under the contract;

(d) the date of execution of the contract;

(e) the date on which the contract is to become effective;

(f) the date on which the contract is to expire; and

(g) an authorized signature on behalf of the licensee. R.R.O. 1990, Reg. 1091, s. 7.

Fees

8. The following fees shall be paid:

1.	To file an application for an operating licence or an amended operating licence	$250
2.	For a trip permit	100
3.	To file an application for an initial certificate of intercorporate exemption	100
4.	To file an amendment to a certificate of intercorporate exemption adding or deleting an affiliated corporation or corporations	50
5.	To file an application for a certificate of competency	25
6.	To file an application for the replacement of an operating licence, a vehicle certificate, certificate of competency, trip permit or certificate of intercorporate exemption	5
7.	To file a request for a public interest hearing	250
8.	To obtain a copy of any document filed in the Ministry or any statement containing information from the records	5
9.	To obtain a certified copy of any document filed in the Ministry or any statement containing information from the records	10
10.	To file an application for a temporary operating licence	150
11.	To file an application for a special operating authority	100
12.	To file an application for bill of lading exemption	100

R.R.O. 1990, Reg. 1091, s. 8.

SCHEDULE
FORMS OF OPERATING AUTHORITIES

General Freight

For the carriage of goods to or from/between/within (geographic areas).

Tank Vehicle

For the carriage of goods in tank vehicles only to or from/between/within (geographic areas).

For the carriage of (commodity) in tank vehicles only to or from/between/within (geographic areas).

For the carriage of goods in tank vehicles only for and on behalf of (named consignor or consignee) between points in Ontario.

Household Goods

For the carriage of household goods between points in Ontario, provided that the licensee has a place or places of business only at (geographic areas).

For the carriage of household goods to or from/between/within (geographic areas).

Bulk

For the carriage of bulk goods in dump or hopper equipment only to or from/between/within (geographic areas).

Heavy and Specialized

For the carriage of goods on specialized equipment only to or from/between/within (geographic areas).

Named Commodity

For the carriage of (named commodity or new vehicles) to or from/between/within (geographic areas).

For the carriage of new vehicles for and on behalf of (named consignor or consignee) between points in Ontario.

For the carriage of goods for and on behalf of (named consignor or consignee) between points in Ontario.

For the carriage of road construction materials to or from/between/within (geographic areas) provided no more than. commercial motor vehicles be so operated.

Interchange

For the carriage of goods under the authority of the operating licence(s) held by the following affiliated corporation(s).

Intermediary

For the arranging of transportation services for compensation by a person licensed to conduct such transportation.

Single-source

For the provision under contract of drivers and commercial vehicles owned or leased by the licensee.

For the provision under contract of drivers and commercial vehicles owned or leased by the licensee, provided that no more than a total of commercial vehicles be so operated under all such contracts.

Owner-driver

For the provision under contract of a driver and one commercial vehicle owned or leased by the licensee.

(Where the form provides for the insertion of “to or from/between/within” or “and/or”, strike out phrases which are not appropriate.)

R.R.O. 1990, Reg. 1091, Sched.