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O. Reg. 116/19: LICENCES FOR DRIVING INSTRUCTORS AND DRIVING SCHOOLS

filed May 24, 2019 under Highway Traffic Act, R.S.O. 1990, c. H.8

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ontario regulation 116/19

made under the

Highway Traffic Act

Made: March 7, 2019
Filed: May 24, 2019
Published on e-Laws: May 24, 2019
Printed in The Ontario Gazette: June 8, 2019

Amending O. Reg. 473/07

(LICENCES FOR DRIVING INSTRUCTORS AND DRIVING SCHOOLS)

1. (1) The definitions of “electronic driver education certificate” and “paper driver education certificate” in subsection 1 (1) of Ontario Regulation 473/07 are revoked.

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

“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;

2. Section 15 of the Regulation is amended by adding the following paragraph:

3. Digital driving instruction in the operation of a Class G motor vehicle provided to a person who does not hold a driver’s licence or who holds a Class G1 or G2 driver’s licence in a driver education course approved by the Ministry.

3. Section 16 of the Regulation is revoked and the following substituted:

Authorization to operate driving school

16. The holder of a driving school licence is authorized to operate a driving school that provides instruction in the classes of driving instruction prescribed by section 15 for which it has received approval from the Ministry.

4. (1) Paragraphs 3, 4 and 5 of subsection 18 (1) of the Regulation are revoked and the following substituted:

3. The applicant owns or leases premises for the driving school’s office.

4. The applicant satisfies the Minister that the driving school’s office is in compliance with all applicable zoning restrictions.

(2) Subsection 18 (1) of the Regulation is amended by adding the following paragraphs:

6.1 For any portion of the curriculum referred to in paragraph 6 that involves classroom driving instruction, the driving school has a properly equipped and maintained classroom that complies with applicable zoning restrictions.

6.2 For any portion of the curriculum referred to in paragraph 6 that involves digital driving instruction, the driving school owns or licences any required digital software, equipment, applications or content.

5. (1) Section 24 of the Regulation is amended by striking out “or the prescribed class of classroom driving instruction” in the portion before clause (a).

(2) Section 24 of the Regulation is amended by adding the following subsection:

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

6. Subsection 25 (2) of the Regulation is revoked and the following substituted:

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

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

Requirements re digital driving instruction

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

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

(b) the person has successfully completed a course in digital instruction approved by the Ministry.

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

(3) The provision of instruction in a prescribed class of digital driving instruction includes supervising or acting as a resource person to a student that is engaged in digital driver education.

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

Driver education certificates

29. (1) Every driver education certificate is prescribed for the purposes of subsection 58.1 (6) of the Act.

(2) A licensed driving school shall not issue a driver education certificate to a student until the student has successfully completed the whole of the driver education course approved for the school.

9. (1) Subsections 29.1 (1), (2) and (3) of the Regulation are amended by striking out “an electronic driver education certificate” wherever it appears and substituting in each case “a driver education certificate”.

(2) Subsection 29.1 (4) of the Regulation is revoked and the following substituted:

(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 driver education certificate.

10. Section 29.2 of the Regulation is revoked.

11. (1) Subsection 30 (1) of the Regulation is revoked.

(2) Subsections 30 (2) and (3) of the Regulation are revoked and the following substituted:

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

(3) The Ministry shall refund a licensee $2.25 for each driver education certificate that the licensee notifies the Ministry is cancelled.

12. (1) Paragraphs 3.1 and 3.2 of subsection 31 (3) of the Regulation are revoked and the following substituted:

3.1 The list of licensed driving instructors who will provide each prescribed class of instruction in the course.

(2) Clauses 31 (4) (a) to (d) of the Regulation are revoked and the following substituted:

(a) for each successful student, his or her driver’s licence number; and

(b) the list of licensed driving instructors who provided each prescribed class of instruction in the course.

13. (1) Paragraph 4 of subsection 32 (1) of the Regulation is amended by adding “digital” after “classroom”.

(2) Paragraph 5 of subsection 32 (1) of the Regulation is amended by striking out “enrolled in” in the portion before subparagraph i and substituting “that received classroom driving instruction in”.

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

5.1 A digital training record sheet for each student that received digital driving instruction in a driver education course provided by the school, which must contain,

i. the student’s name,

ii. the dates and times of each digital training session that the student attended or participated in, and the duration of each session, if the approved curriculum stipulates the duration of a session,

iii. the student’s results on any digital tests,

iv. the signature of the student,

v. the name and signature of the licensed driving instructor who provided instruction, unless the approved curriculum states that the name and signature will not be included on the digital training record sheet,

vi. verification that all quality assurance measures contained in the curriculum approved by the Ministry have been performed.

(4) Paragraph 6.1 of subsection 32 (1) of the Regulation is amended by striking out “electronic” wherever it appears.

(5) Paragraph 7 of subsection 32 (1) of the Regulation is revoked.

(6) Subsection 32 (5) of the Regulation is amended by striking out “either paragraph 5 or 6” and substituting “paragraph 5, 5.1 or 6”.

14. (1) Clause 33 (1) (b) of the Regulation is revoked and the following substituted:

(b) upon the demand of an inspector appointed under section 58.2 of the Act or a person retained to act on behalf of the Ministry,

(i) the record can be viewed electronically; and

(ii) a paper copy can be produced for inspection and copying.

(2) Section 33 of the Regulation is amended by adding the following subsection:

(2.1) Despite subclause (1) (b) (ii), an electronic copy of a record may be produced instead of a paper copy if,

(a) the document relates to digital driver instruction; or

(b) the driving school has received prior approval from the Ministry under subsection (3).

15. Clause 34 (a) of the Regulation is amended by striking out “and all of its unused paper driver education certificates”.

16. Section 36 of the Regulation is revoked and the following substituted:

Service

36.  (1) Any notice required to be served under this Regulation is sufficiently served if,

(a) delivered personally;

(b) sent by mail addressed to the person upon whom service is to be made at the last address for service appearing on the records of the Ministry; or

(c) sent by email to the latest email address appearing on the records of the Ministry.

Same

(2) Service is deemed to be made,

(a) on the seventh day after the day of mailing; or

(b) on the second day after the day of emailing.

Commencement

17. This Regulation comes into force on the later of July 1, 2019 and the day it is filed.

Made by:

Jeff Yurek

Minister of Transportation

Date made: March 7, 2019