O. Reg. 456/10: Orders to Impound or Release Motor Vehicles under Section 55.1 of the Act

 

ontario regulation 456/10

made under the

highway traffic act

Made: December 1, 2010
Filed: December 3, 2010
Published on e-Laws: December 7, 2010
Printed in The Ontario Gazette: December 18, 2010

Amending O. Reg. 631/98

(Orders to Impound or Release Motor Vehicles under Section 55.1 of the Act)

1. Ontario Regulation 631/98 is amended by adding the following section:

Interpretation

0.1 In this Regulation,

“Tribunal” means the Licence Appeal Tribunal.

2. (1) Section 9 of the Regulation is revoked and the following substituted:

Appeals under Section 50.2 of the Act

9. An appeal to the Tribunal under section 50.2 of the Act shall be commenced by filing a notice of appeal with the Tribunal within 15 days of the issuance of the order to impound, together with the required fee payable to the Minister of Finance.

(2) Section 9 of the Regulation, as made by subsection (1), is revoked and the following substituted:

Appeals under Section 50.2 of the Act

9. An appeal to the Tribunal under section 50.2 of the Act with respect to the impoundment of a motor vehicle under section 55.1 of the Act shall be commenced by filing with the Tribunal a notice of appeal, together with the fee established by the Tribunal, within 15 days after the day the vehicle was detained under subsection 55.1 (1) of the Act.

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

10. (1) In determining whether exceptional hardship will result from an order to impound under section 55.1 of the Act, the Tribunal shall consider whether no alternative to the impounded motor vehicle is available and, if no alternative is available, whether the impoundment will result in,

(a) a threat to the health or safety of any person ordinarily transported by the motor vehicle; or

(b) a threat to the public health and safety or to the environment or property of a community in whose service the motor vehicle is ordinarily used.

(2) In determining whether exceptional hardship will result from an order to impound under section 55.1 of the Act, the Tribunal shall not, subject to subsection (3), consider whether the impoundment will result in,

(a) inconvenience to any person;

(b) financial or economic loss to any person;

(c) loss of employment or employment opportunity to any person; or

(d) loss of education or training or of an educational or training opportunity to any person.

(3) The Tribunal may consider the criteria set out in clauses (2) (b), (c) and (d) if the owner demonstrates that,

(a) no alternative to the impounded motor vehicle is available;

(b) the loss will be immediate, significant and lasting;

(c) the impact of the loss will be upon a person ordinarily transported by the motor vehicle; and

(d) the impact of the loss,

(i) will be upon a person other than the person whose driving while his or her driver’s licence was under suspension resulted in the order to impound the motor vehicle, and

(ii) will not be a result of a loss by the suspended driver of the type set out in clause (2) (b), (c) or (d).

(4) In order to show that no alternative to the impounded motor vehicle is available under subsection (1) or clause (3) (a), the owner must demonstrate that every reasonable option has been considered and inquired into that could eliminate or adequately mitigate any threat or loss to the person, including using another vehicle and making arrangements to do without any motor vehicle during the impound period.

(2) Section 10 of the Regulation, as made by subsection (1), is amended by,

(a) striking out “order to impound” in the portion before clause 10 (1) (a) and substituting “impoundment”;

(b) striking out “order to impound” in the portion before clause 10 (2) (a) and substituting “impoundment”; and

(c) striking out “order to impound” in subclause 10 (3) (d) (i) and substituting “impoundment of”.

4. (1) Subject to subsections (2) and (3), this Regulation comes into force on the later of January 1, 2011 and the day this Regulation is filed.

(2) Subsection 2 (2) comes into force on the later of the day section 22 of the Road Safety Act, 2009 comes into force and the day this Regulation is filed.

(3) Subsection 3 (2) comes into force on the later of the day section 24 of the Road Safety Act, 2009 comes into force and the day this Regulation is filed.