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O. Reg. 423/03: VEHICLE PERMITS

filed December 8, 2003 under Highway Traffic Act, R.S.O. 1990, c. H.8

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ontario regulation 423/03

made under the

highway traffic act

Made: December 3, 2003
Filed: December 8, 2003
Printed in The Ontario Gazette: December 27, 2003

Amending Reg. 628 of R.R.O. 1990

(Vehicle Permits)

1. (1) Clauses 2 (1) (b), (b.1) and (c) of Regulation 628 of the Revised Regulations of Ontario, 1990 are revoked and the following substituted:

(b) if the application is in respect of a motor vehicle with a registered gross weight of 4,500 kilograms or less, that the Ministry is satisfied that an emissions inspection report has been issued in respect of the vehicle within the preceding 12 months; and

(c) if the application is in respect of a motor vehicle with a registered gross weight of more than 4,500 kilograms, that the Ministry is satisfied that an emissions inspection report has been issued in respect of the vehicle within the preceding 12 months. 

(2) Clause 2 (2.1) (b) of the Regulation is revoked and the following substituted:

(b) an emissions inspection report would be required under section 8.1 or 8.2.

(3) Subsection 2 (5) of the Regulation is revoked and the following substituted:

(5) Clause (1) (b) only applies in respect of an application if the applicant’s address, as shown on the plate portion of the permit, is within the Greater Toronto Area, the urban and commuter areas or the expanded program area.

(4) Subsection 2 (5.2) of the Regulation is revoked and the following substituted:

(5.2) Clause (1) (c) only applies in respect of an application respecting a motor vehicle that uses fuel other than diesel fuel if the applicant’s address, as shown on the plate portion of the permit, is within the Greater Toronto Area, the urban and commuter areas or the expanded program area.

(5) Tables 1 and 2 to section 2 of the Regulation are revoked. 

2. Sections 8.1 and 8.2 of the Regulation are revoked and the following substituted:

8.1 (1) This section applies to applications for the renewal of a motor vehicle permit for motor vehicles,

(a) that use an internal combustion engine as their source of power; and

(b) that have a registered gross weight of 4,500 kilograms or less.

(2) This section does not apply in respect of,

(a) a kit car;

(b) a motorcycle or a motor assisted bicycle; or

(c) a vehicle to which paragraph 2 of subsection 19 (1) applies.

(3) Despite anything in this Regulation, no motor vehicle permit shall be renewed or evidence of validation furnished in respect of a motor vehicle to which this section applies unless the Ministry is satisfied that an emissions inspection report or a conditional emissions inspection report has been issued in respect of the vehicle within 12 months before the permit expires or, if the application for renewal is made after the expiry of the permit, within 12 months before the application for renewal. 

(4) Subsection (3) applies in respect of a motor vehicle in the third calendar year after its model year and in every second calendar year after that up to and including the nineteenth year after its model year.

(5) Subsection (3) only applies to an application for renewal if the applicant’s address, as shown on the plate portion of the permit, is within the Greater Toronto Area, the urban and commuter areas or the expanded program area.

(6) The emissions inspection report or conditional emissions inspection report required under this section shall be based on the emissions tests that are applicable to the vehicle in respect of which the application for renewal is made, as set out in Ontario Regulation 361/98 made under the Environmental Protection Act

(7) No permit shall be validated for a period that ends more than 36 months after the date on which the emissions inspection report or conditional emissions inspection report required under this section was issued. 

(8) Despite anything in this section, a permit may be renewed or validated without the required emissions inspection report or conditional emissions inspection report if the Ministry is satisfied that it was not reasonably possible for the permit holder to have the vehicle tested for emissions.

(9) Subsection (8) may be applied only one time in respect of a permit holder for a vehicle. 

8.2 (1) This section applies to applications for the renewal of a motor vehicle permit for motor vehicles,

(a) that use an internal combustion engine as their source of power; and

(b) that have a registered gross weight of more than 4,500 kilograms.

(2) Despite anything in this Regulation, no motor vehicle permit shall be renewed or evidence of validation furnished in respect of a motor vehicle described in subsection (1) unless the Ministry is satisfied that an emissions inspection report has been issued in respect of the vehicle within 12 months before the permit expires or, if the application for renewal is made after the expiry of the permit, within 12 months before the application for renewal.

(3) Subsection (2) applies in respect of a motor vehicle in the third calendar year after its model year and in every calendar year after that, but only once in any 12-month period.

(4) Subsection (2) does not apply to an application for renewal that is made in, or in respect of a permit that expires in, an eligible year in respect of a vehicle that uses diesel fuel if the Ministry is satisfied that the last emissions inspection report for the vehicle,

(a) was issued within 24 months before the permit expires or, if the application for renewal is made after the expiry of the permit, within 24 months before the application for renewal; and

(b) indicates that the vehicle achieved opacity of 20 per cent or less in the opacity test required for that emissions inspection report.

(5) Subsection (2) only applies to an application for renewal in respect of a vehicle that uses fuel other than diesel fuel if the applicant’s address, as shown on the plate portion of the permit, is within the Greater Toronto Area, the urban and commuter areas or the expanded program area.

(6) The emissions inspection reports required under this section shall be based on the emissions tests that are applicable to the vehicle in respect of which the application for renewal is made, as set out in Ontario Regulation 361/98 made under the Environmental Protection Act.

(7) Despite anything in this section, a permit may be renewed or validated without the required emissions inspection report if the Ministry is satisfied that it was not reasonably possible for the permit holder to have the vehicle tested for emissions. 

(8) For the purposes of subsection (4),

“eligible year” means,

(a) for a vehicle with an odd-numbered model year, 2005 and every second calendar year after that,

(b) for a vehicle with an even-numbered model year, 2006 and every second calendar year after that.