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O. Reg. 347/08: LICENCES FOR DRIVING INSTRUCTORS AND DRIVING SCHOOLS

filed September 30, 2008 under Highway Traffic Act, R.S.O. 1990, c. H.8

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ontario regulation 347/08

made under the

highway traffic act

Made: September 29, 2008
Filed: September 30, 2008
Published on e-Laws: October 1, 2008
Printed in The Ontario Gazette: October 18, 2008

Amending O. Reg. 473/07

(Licences for Driving Instructors and Driving Schools)

1. (1) The definition of “driver education certificate” in subsection 1 (1) of Ontario Regulation 473/07 is revoked.

(2) The definition of “driver education student record” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“driver education student record” means a certificate provided by the Ministry to a driving school before December 1, 2007 for the purpose of being issued by the driving school, before February 1, 2008, to a student on successful completion of a course of driving instruction provided by the driving school;

(3) The definition of “driver education student record” in subsection 1 (1) of the Regulation is revoked.

(4) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“electronic driver education certificate” means an electronic record, maintained by the Ministry, of a student’s successful completion of a course of driving instruction provided by a driving school;

(5) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“paper driver education certificate” means a certificate provided by the Ministry to a driving school on or after December 1, 2007 and before November 1, 2008 for the purpose of being issued by the driving school to a student on successful completion of a course of driving instruction provided by the driving school.

2. Section 5 of the Regulation is amended by adding the following subsection:

(3) An applicant for a driving instructor licence who has twice failed an examination for such licence under clause 15 (1) (a) of O. Reg. 340/94 is not eligible to take the examination again until one year has passed since the last failed examination. 

3. (1) Subsection 10 (1) of the Regulation is amended by adding “or” at the end of clause (e) and by adding the following clauses:

(f) on or after December 1, 1997, whether while licensed as a driving instructor under this Regulation or the old regulation or while not so licensed, the licensee is or was convicted or found guilty of an offence under section 151, 152, 153, 153.1, 155, 160, 162, 163, 163.1, 167, 168, 170, 171, 172, 172.1, 173, 212, 271, 272 or 273 of the Criminal Code (Canada) or a comparable offence in another jurisdiction; or

(g) on or after December 1, 1997, whether while licensed as a driving instructor under this Regulation or the old regulation or while not so licensed, the licensee is or was convicted or found guilty of an offence under section 5, 6 or 7 of the Controlled Drugs and Substances Act (Canada), section 4 or 5 of the Narcotic Control Act (Canada) or a comparable offence in another jurisdiction.

(2) Subsections 10 (3) and (4) of the Regulation are revoked.

(3) Subsection 10 (6) of the Regulation is amended by striking out “subsection (2), (3), (4) or (5)” and substituting “subsection (2) or (5)”.

4. The Regulation is amended by adding the following section:

Consent to Ministry

12.1 Every licensed driving instructor shall give each licensed driving school with which he or she is under contract to provide driving instruction a written consent to the Ministry to notify the school if the instructor’s licence is or may be revoked.

5. Section 14 of the Regulation is revoked and the following substituted:

Students’ licences not to be retained

14. If a licensed driving instructor asks to see a student’s driver’s licence, the instructor may retain the student’s driver’s licence only for as long as is necessary to make a copy of it and must ensure that the licence is returned to the student immediately after it is copied. 

6. Subsection 18 (1) of the Regulation is amended by adding the following paragraph:

5.1 The motor vehicles to be used to provide driving instruction comply with section 27.

7. (1) Section 24 of the Regulation is revoked and the following substituted:

Driving instructors

24. A licensee that operates a licensed driving school shall not permit any person to provide instruction in the prescribed class of in-vehicle driving instruction or the prescribed class of classroom driving instruction unless,

(a) the person holds a driving instructor licence issued or deemed to be issued under this Regulation; and

(b) the person is under written contract with the school for his or her employment or services to provide driving instruction.

(2) Section 24 of the Regulation is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause:

(c) the person has given the school a written consent to the Ministry to notify the school if his or her instructor’s licence expires or is or may be revoked and the school has given the consent to the Ministry, in the form and manner specified by the Ministry.

8. Section 25 of the Regulation is revoked and the following substituted:

Requirements re classroom driving instruction

25. (1) A licensee that operates a licensed driving school shall not permit any person to provide the prescribed class of classroom driving instruction unless,

(a) the person and the school satisfy the requirements of section 24; and

(b) the person,

(i) has successfully completed a course in classroom driving instruction approved by the Ministry, or

(ii) in the case of person who is certified by the Ontario College of Teachers to provide classroom driving instruction, has successfully completed before September 29, 2008 a course in classroom driving instruction approved by a school board.

(2) The holder of a valid driving instructor licence who satisfies the requirements of subsection (1) is authorized to provide instruction in both the prescribed class of in-vehicle driving instruction and the prescribed class of classroom driving instruction. 

9. Section 29 of the Regulation is revoked and the following substituted:

Driver education certificates

29. (1) Electronic driver education certificates and paper driver education certificates are prescribed as driver education certificates for the purpose of subsection 58.1 (6) of the Act. 

(2) A licensed driving school shall not issue a driver education certificate to a student and a person authorized to sign a paper driver education certificate by subsection 29.2 (2) shall not do so until the student has successfully completed both the prescribed class of classroom driving instruction and the prescribed class of in-vehicle driving instruction that comprise the school’s driver education course. 

(3) Every licensed driving school shall return its unused paper driver education certificates, if it has any, to the Ministry on or before the first anniversary of the day Ontario Regulation 347/08 is filed and shall not issue any paper driver education certificates after that date.

Issuance of electronic driver education certificates

29.1 (1) A licensed driving school issues an electronic driver education certificate to a student upon the successful completion of the school’s driver education course by notifying the Ministry electronically, in the form and manner specified by the Ministry, that the student has successfully completed the school’s driver education course and by paying to the Ministry the fee prescribed under subsection 30 (2).

(2) An electronic driver education certificate is not considered issued under subsection (1) until the Ministry acknowledges to the driving school receipt of the notification and of the fee required under section 30.

(3) A licensed driving school that has issued an electronic driver education certificate to a student in error may, with the consent of the Ministry, cancel the certificate electronically, in the form and manner specified by the Ministry, and the Ministry shall acknowledge the cancellation to the driving school.

(4) The Registrar shall include on the driver records that he or she maintains for every person who holds a driver’s licence the fact that the person was issued,

(a) an electronic driver education certificate under this Regulation; or

(b) a paper driver education certificate or driver education student record issued to him or her under this Regulation or the old regulation, if the person submits a copy of the paper driver education certificate or driver education student record to the Ministry.

Issuance of paper driver education certificates

29.2 (1) A licensed driving school may issue a paper driver education certificate to a student upon the successful completion of the school’s driver education course by giving the certificate to the student.

(2) A paper driver education certificate issued to a student under subsection (1) must be signed by,

(a) a licensed driving instructor under contract with the school for his or her employment or services;

(b) if the licensee that operates the licensed driving school is a partnership, one of the partners;

(c) if the licensee that operates the licensed driving school is a corporation, one of the officers or directors previously identified to the Ministry as an officer or director; or

(d) if the driver education course is provided by a school board, a full-time employee of the board designated in writing by the board. 

(3) A licensed driving school may issue a replacement paper driver education certificate to a former student of the school only if the school still has a record of that student’s enrolment in and successful completion of the school’s driver education course.

(4) Every licensee that operates a licensed driving school shall keep the school’s unused paper driver education certificates in a secure location and shall notify the Ministry immediately of the loss, theft or destruction of any such certificates. 

10. Section 30 of the Regulation is revoked and the following substituted:

Fees for driver education certificates

30. (1) Every licensee that operates a licensed driving school shall pay $15 to the Ministry for each paper driver education certificate provided by the Ministry to the licensee.

(2) Every licensee that operates a licensed driving school shall pay $15 to the Ministry for each electronic driver education certificate issued by the licensee on and after September 29, 2008. 

(3) The Ministry shall refund a licensee $2.25 for each unused paper driver education certificate provided by the Ministry to the licensee that the licensee returns to the Ministry and for each electronic driver education certificate that the licensee notifies the Ministry is cancelled. 

11. (1) Section 31 of the Regulation is amended by adding the following subsection:

(1.1) Every licensee that operates a licensed driving school shall notify the Ministry immediately, in the form and manner specified by the Ministry,

(a) upon entering into a written contract with a licensed driving instructor for his or her employment or services to provide driving instruction; and

(b) upon such instructor’s ceasing to provide driving instruction for the school for any reason.

(2) Subsection 31 (3) of the Regulation is amended by adding the following paragraphs:

3.1 The list of licensed driving instructors who will provide classroom instruction in the course.

3.2 The list of licensed driving instructors who will provide in-vehicle instruction in the course.

(3) Subsection 31 (4) of the Regulation is revoked and the following substituted:

(4) At the end of a driver education course provided by a licensed driving school, the licensee that operates the school shall submit to the Ministry the list of students who successfully completed the course and,

(a) a copy of each paper driver education certificate issued by the school;

(b) for each successful student, a copy of his or her driver’s licence; 

(c) the list of licensed driving instructors who provided classroom instruction in the course; and

(d) the list of licensed driving instructors who provided in-vehicle instruction in the course.

12. (1) Subsection 32 (1) of the Regulation is amended by adding the following paragraph:

6.1 A record of each electronic driver education certificate issued by the school to a student on successful completion of a driver education course provided by the school, including a record of the Ministry’s acknowledgment that it was notified of such issuance, and a record of the cancellation of any such electronic driver education certificate that was issued in error and of the Ministry’s acknowledgment of the cancellation.

(2) Paragraph 7 of subsection 32 (1) of the Regulation is revoked and the following substituted:

7. Copies of each paper driver education certificate issued by the school to a student on successful completion of a driver education course provided by the school.

(3) Paragraph 8 of subsection 32 (1) of the Regulation is revoked.

13. Clause 34 (a) of the Regulation is revoked and the following substituted:

(a) return its original licence and all of its unused paper driver education certificates to the Ministry;

14. (1) Subject to subsections (2), (3) and (4), this Regulation comes into force on the day it is filed.

(2) Section 4 and subsection 7 (2) come into force on November 1, 2008.

(3) Section 2 comes into force on December 1, 2008.

(4) Subsections 1 (3) and 11 (3) come into force on February 1, 2011.

Made by:

Jim Bradley

Minister of Transportation

Date made: September 29, 2008.