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Highway Traffic Act

ONTARIO REGULATION 341/94

DRIVER LICENCE EXAMINATIONS

Consolidation Period: From December 5, 2016 to the e-Laws currency date.

Last amendment: O. Reg. 422/16.

This is the English version of a bilingual regulation.

1. Subject to sections 2 to 6, an applicant for a driver’s licence must take the applicable examinations prescribed in Ontario Regulation 340/94 unless the applicant has been exempted by the Minister.  O. Reg. 341/94, s. 1; O. Reg. 90/00, s. 1; O. Reg. 144/15, s. 1.

2. (1) A resident of Ontario who applies for a Class A, C, D, F, G or M driver’s licence and pays the prescribed fee is not required to take the applicable examinations under clauses 15 (1) (a) and (b) of Ontario Regulation 340/94 if he or she,

(a) holds a valid driver’s licence of an equivalent class that is not subject to special conditions and restrictions and that is issued by another province or a territory of Canada; and

(b) surrenders that licence.  O. Reg. 341/94, s. 2 (1).

(2) A resident of Ontario who applies for a Class A, C, D, F or G driver’s licence and an air brake endorsement to that licence and pays the prescribed fee is not required to take the applicable examinations under clause 15 (1) (c) of Ontario Regulation 340/94 if he or she,

(a) holds a valid driver’s licence of an equivalent class with, if applicable, an air brake endorsement that authorizes the operation of a motor vehicle equipped with air brakes, or a combination of such a vehicle and towed vehicles, that is not subject to special conditions and restrictions and that is issued by another province or a territory of Canada having an air brake endorsement program recognize1d by Ontario; and

(b) surrenders that licence.  O. Reg. 341/94, s. 2 (2).

(3) A resident of Ontario who applies for a Class B or E licence and pays the prescribed fee may be issued a Class C or F driver’s licence, as applicable, without being required to take the applicable examinations under clauses 15 (1) (a) and (b) of Ontario Regulation 340/94 if he or she,

(a) holds a valid driver’s licence that is equivalent to a Class B or E driver’s licence, is not subject to special conditions and restrictions and is issued by another province or a territory of Canada; and

(b) surrenders that licence.  O. Reg. 341/94, s. 2 (3).

(4) A resident of Ontario who applies for a Class G or M driver’s licence, pays the prescribed fee and provides the information required by the Minister is not required to take the applicable examinations under clauses 15 (1) (a) and (b) of Ontario Regulation 340/94 if he or she,

(a) holds a valid driver’s licence that authorizes the operation of the relevant class of motor vehicle, is not subject to special conditions and restrictions and is issued by a state of the United States of America, the United States Department of State or Canada Forces Europe; and

(b) surrenders that licence.  O. Reg. 341/94, s. 2 (4).

(5) A resident of Ontario who applies for a Class G driver’s licence and pays the prescribed fee is not required to take the applicable examinations under clauses 15 (1) (a) and (b) of Ontario Regulation 340/94 if he or she,

(a) holds a driver’s licence that authorizes the operation of that class of motor vehicle, is not subject to special conditions and restrictions and,

(i) is issued by a jurisdiction which is a party to a valid and subsisting agreement with Ontario respecting the reciprocal exchange of driver’s licences, or

(ii) is issued by Japan and is certified as valid by a Japanese diplomatic or consular official or is accompanied by a valid international driver’s permit from Japan; and

(b) surrenders that licence or permit.  O. Reg. 341/94, s. 2 (5); O. Reg. 672/98, s. 1; O. Reg. 339/00, s. 1.

(6) An applicant for a Class G driver’s licence under subsection (1), (2), (4) or (5) or section 3 or an applicant for a Class M driver’s licence under subsection (1) or (4) who meets the requirements set out in section 28 of Ontario Regulation 340/94 for exemption from novice conditions is not required to take the applicable examinations under subsection 15 (2) of that Regulation.  O. Reg. 341/94, s. 2 (6).

(7) In addition to the requirements set out in subsections (1) to (6), an applicant for a Class A, B, C, D, E, F, G or M driver’s licence under those subsections must have held a valid driver’s licence for at least 24 months during the three years immediately before making the application.  O. Reg. 341/94, s. 2 (7).

Note: On July 1, 2017, subsection 2 (7) of the Regulation is revoked and the following substituted: (See: O. Reg. 422/16, s. 1)

(7) In addition to the requirements set out in subsections (1) to (6), an applicant for a Class B, C, D, E, F, G or M driver’s licence under those subsections must have held a valid driver’s licence for at least 24 months during the three years before making the application. O. Reg. 422/16, s. 1.

(8) In addition to the requirements set out in subsections (1) and (2), an applicant for a Class A driver’s licence under those subsections must have held a valid driver’s licence of an equivalent class referred to in those subsections for at least 24 months during the three years before making the application. O. Reg. 422/16, s. 1.

2.1 An applicant for a Class A driver’s licence shall be issued a Class A driver’s licence subject to the condition described in section 3 of Ontario Regulation 340/94 (Drivers’ Licences) made under the Act if,

(a) subsection 2 (1) or (2) of this Regulation applies to the applicant; and

(b) the applicant previously held a Class A driver’s licence issued by Ontario and the last such Class A driver’s licence held by the applicant was subject to that condition.  O. Reg. 101/08, s. 1.

3. (1) An applicant for a Class D, G or M driver’s licence who meets all other qualifications for the issuing of such a licence may be issued a new licence,

(a) without taking the applicable examinations under sections 15 and 18 of Ontario Regulation 340/94 if he or she held a licence of the same class applied for that was valid at any time within the three years before making the application and that expired within one year before making the application; or

(b) without taking the applicable examinations under clauses 15 (1) (a), (b) and (c) of Ontario Regulation 340/94 if he or she held a licence of the same class applied for that was valid at any time within the three years before making the application and that expired between one and three years before making the application. O. Reg. 422/16, s. 2 (1).

(2) An applicant for a Class A, B, C, E or F driver’s licence who meets all other qualifications for such a licence may be issued a new licence without taking the applicable examinations under clause 15 (1) (b) or (c) of Ontario Regulation 340/94 if he or she held a licence of the same class applied for that was valid at any time within the three years before making the application. O. Reg. 422/16, s. 2 (2).

(3) A holder of a Class M or M2 driver’s licence who is eligible to take a level 1 exit test to obtain a Class G2 licence and applies therefor is not required to take the applicable examinations under clause 15 (1) (a) of Ontario Regulation 340/94 if he or she applies to take the level 1 exit test within five years of being issued the Class M or M2 licence.  O. Reg. 341/94, s. 3 (3).

(4) Revoked:  O. Reg. 75/11, s. 1.

4. (1) The following persons are not required to take the applicable examinations under clauses 15 (1) (a) and (b) or subsection 15 (2) of Ontario Regulation 340/94 on applying for a Class G driver’s licence:

1. The Governor General.

2. The Lieutenant Governor.

3. A representative of a foreign government who possesses a valid foreign driver’s licence at the time of application and who has taken a post in Ontario in the capacity of,

i. ambassador, high commissioner or chargé d’affaires,

ii. head of delegation or head of office,

iii. minister-counsellor or minister,

iv. counsellor,

v. first, second or third secretary,

vi. attaché,

vii. military, air or naval attaché or advisor,

viii. assistant military, air or naval attaché or advisor, or

ix. consul-general, consul, vice-consul or consular agent.

4. The spouse of a representative referred to in paragraph 3 if the spouse possesses a valid foreign driver’s licence at the time of application.

4.1 The child of a representative referred to in paragraph 3 if the child possesses a valid foreign driver’s licence at the time of application.

5. A person serving or employed on the technical or support staff of a diplomatic or consular mission or high commission if the person,

i. is authorized as eligible for exempt status by the Global Affairs Canada,

ii. is not a Canadian citizen or permanent resident of Canada as defined in the Immigration and Refugee Protection Act (Canada),

iii. is assigned to duty from the foreign government being represented and not engaged locally by the mission or commission, and

iv. is the holder of a valid foreign driver’s licence at the time of application.

6. The spouse or child of any person described in paragraph 5, if the spouse or child meets the requirements set out in subparagraph ii of paragraph 5, is from a reciprocating country and possesses a valid foreign driver’s licence at the time of application.

7. A member of a force or of a civilian component of a force of one of the Contracting Parties to the North Atlantic Treaty Organization Status of Forces Agreement who,

i. has taken a post in Ontario under the Agreement,

ii. is from a reciprocating country,

iii. is not a Canadian citizen or permanent resident of Canada as defined in the Immigration and Refugee Protection Act (Canada), and

iv. is the holder of a valid driver’s licence issued by a reciprocating country at the time of application.

7.1 The spouse or child of any person described in paragraph 7, if the spouse or child meets the requirements set out in subparagraphs 7 ii, iii and iv.

8. A representative of an international organization who has taken a post in Ontario and,

i. is authorized as eligible for exempt status by the Global Affairs Canada,

ii. is not a Canadian citizen or permanent resident of Canada as defined in the Immigration and Refugee Protection Act (Canada),

iii. is assigned to duty from the international organization and is not engaged locally by it, and

iv. is the holder of a valid foreign driver’s licence at the time of application.

9. The spouse or child of any person described in paragraph 8 if the spouse or child meets the requirements set out in subparagraph ii of paragraph 8 and possesses a valid foreign driver’s licence at the time of application.

10. A Canadian counterpart to persons referred to in paragraphs 3 and 4 returning to Canada as a resident of Ontario from assigned duty abroad.

10.1 A Canadian counterpart to persons referred to in paragraphs 4.1, 5, 6, 7, 7.1, 8 and 9 returning to Canada as a resident of Ontario from assigned duty abroad.  O. Reg. 341/94, s. 4; O. Reg. 90/00, s. 2 (1-3); O. Reg. 338/00, s. 1 (1, 2); O. Reg. 356/05, s. 1 (1); O. Reg. 422/16, s. 3 (1-5).

(1.1) In addition to the requirements set out in paragraphs 4.1, 5, 6, 7, 7.1, 8, 9 and 10.1 of subsection (1), an applicant for a Class G driver’s licence under those paragraphs must hold a valid foreign driver’s licence and must have held a valid driver’s licence or a valid driver’s licence issued by another jurisdiction, or a combination of such driver’s licences, for at least 24 months during the three years before making the application.  O. Reg. 338/00, s. 1 (3); O. Reg. 422/16, s. 3 (6).

(2) In this section,

“spouse” has the same meaning as in Part III of the Family Law Act. O. Reg. 356/05, s. 1 (2).

5. (1) A person described in paragraph 4.1, 5, 6, 7, 7.1, 8, 9 or 10.1 of subsection 4 (1) who has not held a valid driver’s licence as required by subsection 4 (1.1) for at least 24 months during the three years before making the application may obtain a Class G2 driver’s licence without examination, but in order to be issued a Class G driver’s licence, the person must comply with the time requirements under section 28 of Ontario Regulation 340/94 and must successfully pass the applicable level 2 exit test.  O. Reg. 338/00, s. 2.

(2) A person described in subsection (1) shall be credited with the length of time he or she has held a valid driver’s licence or a valid driver’s licence issued by another jurisdiction within the three years prior to the application toward the length of time the applicant is classed as a novice driver and toward the prescribed time limits to take the level 2 exit test.  O. Reg. 338/00, s. 2.

6. (1) A resident of Ontario who applies for a Class A, C, D, F or G driver’s licence and, if applicable, an air brake endorsement to that licence and pays the prescribed fee is not required to take the applicable examinations under clauses 15 (1) (a) to (d) and subsection 15 (2) of Ontario Regulation 340/94 (Drivers’ Licences) made under the Act if,

(a) the applicant is the holder or former holder of a DND 404 permit of an equivalent class with, if applicable, an air brake endorsement or certification that authorizes the operation of a motor vehicle equipped with air brakes, or a combination of such a vehicle and towed vehicles;

(b) the DND 404 permit with, if applicable, the endorsement or certification is not subject to special conditions and restrictions; and

(c) the applicant meets the requirements set out in subsection (2). O. Reg. 144/15, s. 2.

(2) The applicant must meet the following requirements:

1. The applicant must be a member or former member of the Canadian Armed Forces.

2. The applicant must have held a DND 404 permit for at least 24 months.

3. In the case of an applicant who is the holder of a DND 404 permit with, if applicable, an air brake endorsement or certification, the permit must not be suspended or cancelled.

4. In the case of an applicant who is the former holder of a DND 404 permit with, if applicable, an air brake endorsement or certification,

i. the permit must not have been suspended or cancelled at the time it was surrendered to the Department of National Defence (Canada) or at the time the applicant was released from the Canadian Armed Forces, and

ii. the applicant must have held the permit with, if applicable, the endorsement or certification within the three years prior to the application.

5. For each province or territory of Canada that issued to the applicant a driver’s licence with, if applicable, an air brake endorsement, the most recent driver’s licence issued to the applicant by that province or territory must not be suspended or cancelled. O. Reg. 144/15, s. 2.

(3) In this section,

“DND 404 permit” means a permit issued by the Department of National Defence (Canada) authorizing persons to drive its vehicles. O. Reg. 144/15, s. 2.

7. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 341/94, s. 7.

 

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