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O. Reg. 56/06: GENERAL

filed March 6, 2006 under Niagara Parks Act, R.S.O. 1990, c. N.3

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ontario regulation 56/06

made under the

Niagara PArks Act

Made: January 11, 2006
Approved: March 1, 2006
Filed: March 6, 2006
Published on e-Laws: March 7, 2006
Printed in The Ontario Gazette: March 25, 2006

Amending Reg. 829 of R.R.O. 1990

(General)

1. (1) Section 1 of Regulation 829 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:

“school” means a school within the meaning of subsection 1 (1) of the Education Act;

(2) The definition of “sight-seeing vehicle” in section 1 of the Regulation is revoked and the following substituted:

“sight-seeing vehicle” means a motor vehicle used for the transportation of persons for compensation, as classified under subsection (2);

(3) Section 1 of the Regulation is amended by adding the following subsection:

(2) For the purposes of this Regulation, a sight-seeing vehicle comes within the class set out in Column 1 of Table 1 if it meets the description set out opposite it in Column 2.

2. Subsection 11 (2) of the Regulation is revoked and the following substituted:

(2) No person shall operate or permit the operation of a Class 1 or Class 2 sight-seeing vehicle within the Parks unless its operator holds a guide licence issued by the Commission.

3. (1) Subsection 12 (2) of the Regulation is revoked and the following substituted:

(2) A sight-seeing vehicle licence expires,

(a) on December 31 of the year in which it is issued, in the case of a licence for a Class 1 or Class 2 sight-seeing vehicle; or

(b) at the end of the day for which it is issued, in the case of a licence for a Class 3 or Class 4 sight-seeing vehicle.

(2) Subsection 12 (3) of the Regulation is amended by striking out “written consent of the Commission” at the end and substituting “written permission of the Commission”.

(3) Subsections 12 (4) and (5) of the Regulation are revoked and the following substituted:

(4) No person shall operate or permit the operation of a Class 1 or Class 2 sight-seeing vehicle in the Parks except on routes and with stops that the Commission has approved.

(5) No person shall charge, or permit to be charged, any fee to a passenger of a Class 1 or Class 2 sight-seeing vehicle for service within the Parks unless the Commission has approved the fee.

4. Subsection 17 (1) of the Regulation is revoked and the following substituted:

(1) No licence for a sight-seeing vehicle shall be issued unless the vehicle is insured under a livery service policy for loss or damage resulting from bodily injury to or the death of any person, including passengers, or from damage to property for an amount, exclusive of interest and costs, that is equal to or greater than the minimum limits required by Regulation 982 of the Revised Regulations of Ontario, 1990 (General) made under the Public Vehicles Act for a vehicle having the same seating capacity.

5. Section 22 of the Regulation is revoked and the following substituted:

Fees

22. (1) The fee for a guide licence is $50.

(2) The following fees are payable for a sight-seeing vehicle licence:

1. For a Class 1 sight-seeing vehicle, $100.

2. For a Class 2 sight-seeing vehicle, $150.

3. For a Class 3 sight-seeing vehicle, $40.

4. For a Class 4 sight-seeing vehicle, no fee.

6. Section 23 of the Regulation is revoked and the following substituted:

23. The licence fee for a sight-seeing vehicle is payable,

(a) upon application for a licence, in the case of a Class 1 or Class 2 sight-seeing vehicle; or

(b) no later than the time at which the sight-seeing vehicle enters the Parks, in the case of a Class 3 sight-seeing vehicle.

7. The Regulation is amended by adding the following Table:

TABLE 1

Column 1

Column 2

Class

Description

1

A sight-seeing vehicle operating two or more days per week on a regular schedule approved by the Commission, that is designed to carry one to six passengers. Class 1 does not include a sight-seeing vehicle conveying passengers on a trip from a school.

2

A sight-seeing vehicle operating two or more days per week on a regular schedule approved by the Commission, that is designed to carry seven or more passengers. Class 2 does not include a sight-seeing vehicle conveying passengers on a trip from a school.

3

A sight-seeing vehicle that does not operate two or more days per week on a regular schedule approved by the Commission. Class 3 does not include a sight-seeing vehicle conveying passengers on a trip from a school.

4

A sight-seeing vehicle conveying passengers on a trip from a school.

Made by:

The Niagara Parks Commission:

Jim Williams

Chair

John Kernahan

General Manager

Date made: January 11, 2006.