O. Reg. 135/21: COMMERCIAL MOTOR VEHICLE OPERATORS' INFORMATION

 

ontario regulation 135/21

made under the

Highway Traffic Act

Made: February 25, 2021
Filed: February 26, 2021
Published on e-Laws: February 26, 2021
Printed in The Ontario Gazette: March 13, 2021

Amending O. Reg. 424/97

(COMMERCIAL MOTOR VEHICLE OPERATORS’ INFORMATION)

1. Ontario Regulation 424/97 is amended by adding the following section:

1.4 (1) A CVOR certificate shall not be issued to an operator unless the operator,

(a)  has an email address; and

(b)  provides the email address to the Registrar for the purposes of receiving correspondence from the Ministry.

(2) If a holder of a CVOR certificate provided an email address to the Registrar, it is a condition of holding the certificate that the holder maintain the email address and monitor the email address for correspondence from the Ministry.

(3) Every holder of a CVOR certificate shall,

(a)  notify the Registrar within 15 days of any change in the holder’s email address;

(b)  provide the Registrar with the holder’s updated email address; and

(c)  maintain the updated email address and monitor the updated email address for correspondence from the Ministry as required under subsection (2).

2. Section 3 of the Regulation is revoked and the following substituted:

3. (1) Notice of an expiry date assigned under subsection 17 (5.1) of the Act and notice of a proposed revocation of a CVOR certificate under subsection 17.0.1 (2) of the Act may be served on the operator at the most recent address, fax number or email address for the operator in the Ministry’s records,

(a)  personally;

(b)  by regular mail;

(c)  by courier;

(d)  by fax; or

(e)  by email.

(2) The notice shall be deemed to have been served on the operator,

(a)  on the day it was delivered personally;

(b)  on the fifth day after it was couriered;

(c)  on the fifth day after it was mailed;

(d)  on the day after it was sent by fax;

(e)  on the day after it was sent by email.

(3) If the day described in clause (2) (b), (c), (d) or (e) is a holiday, the notice shall be deemed to have been served on the next day that is not a holiday.

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

3.2 (1) Notice given under subsection 47.1 (2) of the Act shall be deemed to have been received by the person,

(a)  on the day it was delivered personally;

(b)  on the fifth day after it was couriered;

(c)  on the fifth day after it was mailed;

(d)  on the day after it was sent by fax;

(e)  on the day after it was sent by email.

(2) If the day described in clause (1) (b), (c), (d) or (e) is a holiday, the notice shall be deemed to have been received on the next day that is not a holiday.

(3) For the purposes of clause 47.1 (2) (e) of the Act, an email sent to the person at the most recent email address for the person in the Ministry’s records is sufficient giving of notice.

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

6.1 Every holder of a CVOR certificate shall, within 15 days of any change in the holder’s name or address or, where applicable, the persons constituting the officers or directors of the holder, notify the Registrar in writing of the change.

5. Subsection 7 (2) of the Regulation is revoked and the following substituted:

(2) A request from the Registrar under subsection (1) shall be made in writing and shall be sent to the holder of the CVOR certificate by mail, courier, fax or email at the holder’s most recent address, fax number or email address in the Ministry’s records.

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

17. (1) Notice given under subsection 17.1 (3) of the Act shall be deemed to have been received by the operator,

(a)  on the day it was delivered personally;

(b)  on the fifth day after it was couriered;

(c)  on the fifth day after it was mailed;

(d)  on the day after it was sent by fax;

(e)  on the day after it was sent by email.

(2) If the day described in clause (1) (b), (c), (d) or (e) is a holiday, the notice shall be deemed to have been received on the next day that is not a holiday.

(3) For the purposes of clause 17.1 (3) (e) of the Act, an email sent to the operator at the most recent email address for the operator in the Ministry’s records is sufficient giving of notice.

Commencement

7. This Regulation comes into force on the day it is filed.