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ONTARIO REGULATION 176/09

made under the

PHOTO CARD ACT, 2008

Made: March 4, 2009
Filed: May 1, 2009
Published on e-Laws: May 4, 2009
Printed in The Ontario Gazette: May 16, 2009

GENERAL

Interpretation

Resident of Ontario

1. (1) For the purposes of clause 3 (1) (b) the Act,

“resident of Ontario” means an individual who lives primarily in Ontario, whether or not the individual has a permanent residence in Ontario.

(2) For the purposes of clauses 3 (2) (b) and 4 (1) (b) of the Act,

“resident of Ontario” means an individual whose primary residence is an actual physical location in Ontario where an individual may be personally served with a document and, for greater certainty, an individual whose only address in Ontario is a post office box is not a resident of Ontario.

Renewal

2. A provision of this Regulation that applies to the issuance of a photo card also applies to its renewal.

Phasing-in period

3. The phasing-in period begins on the later of March 6, 2009 and the day this Regulation is filed and ends on December 31, 2011.

Electronic Documents

Electronic documents

4. (1) A document or statement may be filed in court by direct electronic transmission in accordance with section 3 of Ontario Regulation 497/94 (Electronic Documents) made under the Provincial Offences Act.

(2) A printed copy of a document or statement filed in court as described in subsection (1) is deemed to have been filed as the original document.

Ministry seal on printed copy of electronic document

5. The seal of the Ministry may be represented by an asterisk on a copy of any document or statement that is filed in court by direct electronic transmission.

Provisions Applicable to All Photo Cards

Minister may request information, documents

6. (1) Upon receiving an application for the issuance of a photo card, the Minister may request that the applicant submit information or documents to support the application.

(2) If the Minister at any time suspects that any information previously submitted by a holder of a photo card is false or that any information appearing on a photo card is incorrect, the Minister may request that the holder submit information or documents to the Ministry to verify that the previously submitted information or the information appearing on the photo card is correct.

(3) A request under subsection (2) shall be mailed to the holder of the photo card at the latest address for the person appearing on the records of the Ministry and is deemed to be received on the fifth day after it was mailed.

(4) A person who is requested to submit information or documents under subsection (2) shall do so within the time specified by the Minister.

(5) All documents submitted by an applicant for or holder of a photo card under this section or otherwise in respect of the issuance of a photo card shall be returned to the applicant or holder, but the Minister may retain such documents for as long as is necessary to make a decision in respect of the photo card.

(6) The Minister may make and retain copies of all documents submitted by an applicant for or holder of a photo card under this section or otherwise in respect of the issuance of a photo card.

Grounds to refuse issuance of photo card

7. The Minister shall not issue a photo card if,

(a) the applicant does not meet the requirements of section 3, 4 or 5 of the Act or of section 9 of this Regulation, as applicable;

(b) the applicant does not comply with a request made under subsection 6 (1) of this Regulation;

(c) the applicant does not pay the required fee; or

(d) payment of the required fee is dishonoured.

Cancellation

8. (1) The Minister shall cancel a photo card if,

(a) the holder requests that the card be cancelled;

(b) the holder ceases to be a resident of Ontario; or

(c) the holder dies.

(2) The Minister shall cancel a photo card if it contains an error, and may issue a replacement photo card with the correct information to the holder.

(3) A holder whose enhanced photo card or combined photo card is cancelled under clause (1) (a) or subsection (2) shall return his or her photo card to the Ministry by mail or by attending in person at an office that is designated by the Ministry as a place where photo cards may be returned within six days after requesting that his or her photo card be cancelled under clause (1) (a) or having his or her photo card cancelled under subsection (2), as the case may be.

(4) A holder whose enhanced photo card or combined photo card is cancelled under clause (1) (b) shall return his or her photo card to the Ministry by mail or by attending in person at an office that is designated by the Ministry as a place where photo cards may be returned within six days after ceasing to be a resident of Ontario unless the holder is required to submit his or her photo card to an authority in the jurisdiction in which he or she resides in order to obtain a driver’s licence or other identification card in that jurisdiction.

Provisions Applicable to Enhanced Photo Cards and Combined Photo Cards

Additional requirements for issuance

9. (1) In order to be issued an enhanced photo card or combined photo card, in addition to meeting the requirements set out in clauses 3 (2) (a), (b), (c) and (d) or 4 (1) (a), (b), (c) and (d) of the Act, as the case may be, an individual must,

(a) satisfy the Minister, by means of a written statement signed by the applicant, that he or she is not under any legal restriction preventing him or her from travelling outside Canada; and

(b) consent in writing to the collection, use and disclosure of his or her personal information as provided in the Act.

(2) The Minister may require an applicant for an enhanced photo card or combined photo card to attend at an interview with an official of the Ministry or other specified person to satisfy the Minister that he or she meets all the requirements for the issuance of the photo card.

(3) Despite section 2, the Minister may renew an enhanced photo card or combined photo card if the holder of the photo card,

(a) satisfies the Minister, by means of a written statement signed by the holder, that he or she continues to meet the requirements for the issuance of an enhanced photo card or combined photo card set out in clauses 3 (2) (a), (b), (c) and (d) or 4 (1) (a), (b), (c) and (d) of the Act, as the case may be, and in clause (1) (a) of this section; and

(b) pays the required fee.

Change of name or address, other information on card

10. (1) A holder of an enhanced photo card or combined photo card shall notify the Ministry within six days after a change to,

(a) his or her name;

(b) his or her address; or

(c) any other information that appears on the face of the photo card.

(2) The notice under subsection (1) must include,

(a) the number of the holder’s photo card;

(b) the holder’s current name and address, and his or her former name or address, as the case may be;

(c) the nature of any other change described in clause (1) (c); and

(d) evidence of the change that is satisfactory to the Minister.

(3) Upon being satisfied that the holder’s name or address or other information that appears on the face of the photo card has changed and that the holder meets or continues to meet, as the case may be, the requirements for the issuance of an enhanced photo card or combined photo card, the Minister shall cancel the holder’s photo card and may issue a new enhanced photo card or combined photo card to the holder.

(4) The holder of an enhanced photo card shall return his or her photo card to the Ministry when he or she is issued a new photo card or, if he or she is not issued a new photo card, as soon as possible after his or her photo card is cancelled.

(5) The holder of a combined photo card shall return his or her photo card to the Ministry when he or she is issued a new photo card or a temporary driver’s licence or, if he or she is not issued a new photo card or temporary driver’s licence, as soon as possible after his or her photo card is cancelled.

Photo card lost, stolen, destroyed, etc.

11. (1) A holder of an enhanced photo card or combined photo card shall notify the Ministry immediately upon discovering that his or her photo card has been lost, stolen, destroyed, damaged or become illegible.

(2) The holder may apply for an enhanced photo card or combined photo card to replace the one that has been lost, stolen, destroyed, damaged or become illegible.

(3) Upon being satisfied that the holder’s photo card has been lost, stolen, destroyed, damaged or become illegible and that the holder meets or continues to meet, as the case may be, the requirements for the issuance of an enhanced photo card or combined photo card, the Minister shall cancel the holder’s photo card and may issue a new enhanced photo card or combined photo card to the holder.

(4) The holder of an enhanced photo card shall return his or her photo card, if it is still in his or her possession, to the Ministry when he or she is issued a new photo card or, if he or she is not issued a new photo card, as soon as possible after his or her photo card is cancelled.

(5) The holder of a combined photo card shall return his or her photo card, if it is still in his or her possession, to the Ministry when he or she is issued a new photo card or temporary driver’s licence or, if he or she is not issued a new photo card or temporary driver’s licence, as soon as possible after his or her photo card is cancelled.

Loss of citizenship or right to travel

12. (1) A holder of an enhanced photo card or combined photo card shall notify the Ministry within six days after he or she,

(a) ceases to be a Canadian citizen; or

(b) comes under a legal restriction preventing him or her from travelling outside Canada.

(2) The notice under subsection (1) must include,

(a) the number of the holder’s photo card;

(b) the holder’s name and address; and

(c) the fact that holder will cease or has ceased to be a Canadian citizen or will come or has come under a legal restriction preventing him or her from travelling outside Canada, as the case may be.

(3) The notice must be given by mail or by the holder attending in person at an office that is designated by the Ministry as a place where such notice may be given.

(4) The holder shall return his or her photo card to the Ministry together with the notice.

(5) Upon being satisfied that the holder will cease or has ceased to be a Canadian citizen or will come or has come under a legal restriction preventing him or her from travelling outside Canada, the Minister shall cancel the holder’s photo card.

Cancellation

13. (1) The Minister shall cancel an enhanced photo card or combined photo card if the holder revokes the consent he or she gave under clause 9 (1) (b).

(2) The Minister may cancel an enhanced photo card or combined photo card if the holder fails to comply with subsection 6 (4) or clause 10 (1) (a).

(3) Notice of the cancellation of an enhanced photo card or combined photo card under subsection (2) shall be mailed to the holder of the photo card at his or her latest address appearing on the records of the Ministry and is deemed to be received on the fifth day after it was mailed.

(4) A holder who revokes the consent he or she gave under clause 9 (1) (b) shall return his or her photo card to the Ministry by mail or by attending in person at an office that is designated by the Ministry as a place where photo cards may be returned, within six days after revoking the consent.

(5) A holder who receives a notice under subsection (3) shall return the cancelled photo card to the Ministry by mail or by attending in person at an office that is designated by the Ministry as a place where photo cards may be returned, within six days after receipt of the notice.

Commencement

Commencement

14. This Regulation comes into force on the later of March 6, 2009 and the day this Regulation is filed.

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