O. Reg. 417/16: MOTOR VEHICLES

 

ontario regulation 417/16

made under the

Environmental Protection Act

Made: November 30, 2016
Filed: December 2, 2016
Published on e-Laws: December 5, 2016
Printed in The Ontario Gazette: December 17, 2016

Amending O. Reg. 361/98

(MOTOR VEHICLES)

1. (1) Section 1.1 of Ontario Regulation 361/98 is amended by adding the following subsections:

(3.1.1) If the Director is satisfied that a Drive Clean inspector for light vehicles has incompetently made a determination described subsections 2 (1) or (2), the Director may, by giving written notice to the inspector, require the inspector to successfully complete one or more courses satisfactory to the Director to address the incompetence.

(3.1.2) If the Director is satisfied that a Drive Clean inspector for heavy vehicles has incompetently made a determination described in subsections 2 (1), (3) or (4), the Director may, by giving written notice to the inspector, require the inspector to successfully complete one or more courses satisfactory to the Director to address the incompetence.

(2) Clause (c) of subsection 1.1 (4) of the Regulation is amended by striking out “a document” in the portion before subclause (i) and substituting “a document, or has permitted the creation, distribution or use of a document,”.

(3) Clause (d) of subsection 1.1 (4) of the Regulation is amended by striking out “subsection (3.1)” and substituting “subsection (3.1), (3.1.1) or (3.1.2)” and by adding “or incompetently made a determination described in subsections 2 (1), (2), (3) or (4), as the case may be” at the end.

2. (1) Subparagraph 2 i of subsection 9.1 (1) of the Regulation is amended by striking out “$450 or more” and substituting “at least the repair cost limit determined in accordance with this section”.

(2) Subparagraph 2 ii of subsection 9.1 (1) of the Regulation is amended by striking out “$450” wherever it appears and substituting in each case “the repair cost limit determined in accordance with this section”.

(3) Subsection 9.1 (1) of the Regulation is amended by adding the following paragraph:

5. The most recent report issued under this Regulation in respect of the vehicle on or after April 1, 2017, if any such report has been issued, is not a report described in subsection (3).

(4) Section 9.1 of the Regulation is amended by adding the following subsections:

(4) For the purpose of paragraph 2 of subsection (1), the costs of the following work shall not be considered:

1. Work associated with performing diagnostic procedures on a vehicle to identify problems and any required repairs, including gathering information, assessing the problem, recommending repairs, estimating costs and performing a retest described in paragraph 3 of subsection (1).

2. Work associated with performing vehicle drive cycles in order to prepare on-board diagnostic monitors for testing.

(5) The repair cost limit for 2017 is $450.

(6) For 2018 and for every year after that, the repair cost limit shall be determined as follows:

1. Each year, the Minister shall calculate the repair cost limit for the following calendar year in accordance with paragraph 2 and shall publish it on or before December 31 on a Government of Ontario website.

2. The repair cost limit for a calendar year shall be calculated in accordance with the following formula and rounded up to the nearest multiple of $10:

RCL = X + X × [(Y − Z) / Z]

where,

“RCL” is the repair cost limit for the calendar year,

“X” is the repair cost limit for the previous calendar year,

“Y” is the Consumer Price Index for Ontario (All-Items), as reported monthly by Statistics Canada under the authority of the Statistics Act (Canada), averaged over the most recent 12-month period reported as of October 31 in the year in which the Minister is performing the determination,

“Z” is the Consumer Price Index for Ontario (All-Items), as reported monthly by Statistics Canada under the authority of the Statistics Act (Canada), using figures reported as of October 31 in the year in which the Minister is performing the determination and averaged over the 12-month period immediately preceding the 12-month period described in “Y”.

3. Despite paragraph 2, if “Y” is lower than “Z”, the repair cost limit shall remain at the same level as the previous calendar year.

Commencement

3. This Regulation comes into force on the later of April 1, 2017 and the day it is filed.