O. Reg. 74/22: CRITICAL INFRASTRUCTURE AND HIGHWAYS

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ontario regulation 74/22

made under the

Emergency Management and Civil Protection Act

Made: February 14, 2022 (2:35 p.m.)
Filed: February 14, 2022
Published on e-Laws: February 14, 2022
Printed in The Ontario Gazette: March 5, 2022

Amending O. Reg. 71/22

(CRITICAL INFRASTRUCTURE AND HIGHWAYS)

1. (1) Subsection 4 (3) of Schedule 1 to Ontario Regulation 71/22 is amended by adding “or cause it to be removed” at the end.

(2) Subsection 5 (4) of Schedule 1 to the Regulation is amended by striking out “cause the vehicle to be removed” at the end and substituting “remove the vehicle or cause it to be removed”.

(3) Schedule 1 to the Regulation is amended by adding the following section:

Detention, storage of removed objects

5.1 (1) A police officer or other provincial offences officer who removes an object or causes it to be removed under subsection 4 (3) or 5 (4) may detain and store the object or cause it to be detained and stored for as long as this Order is in effect and shall make reasonable efforts to notify the owner of the object of the location where the object is detained and stored.

(2) The costs and charges for the removal, detention and storage of the object are a debt due,

(a)  if the object is a vehicle, by the owner of the vehicle, the operator of the vehicle and the person who last drove the vehicle before it was removed, for which they are jointly and severally liable;

(b)  if the object is not a vehicle, by the owner of the object and the person who most recently used the object in the contravention of section 2 or 3 before it was removed, for which they are jointly and severally liable.

(3) A debt under subsection (2) may be recovered in any court of competent jurisdiction and is a lien upon the object, which may be enforced in the manner provided by the Repair and Storage Liens Act.

(4) Any person who is reasonably qualified to assist in the removing, detention or storage of vehicles or other objects, is authorized to perform such activities if requested by a police officer or other provincial offences officer.

(5) For the purposes of this section,

“operator” means,

(a)  an operator as defined in subsection 16 (1) of the Highway Traffic Act, or

(b)  in the absence of evidence to the contrary, where there is no CVOR certificate, national safety code number under the Motor Vehicle Transport Act (Canada), or lease applicable to the vehicle, the holder of the plate portion of the permit for the vehicle; (“utilisateur”)

“owner” includes,

(a)  the holder of a permit as defined in section 6 of the Highway Traffic Act, and

(b)  the holder of the permit corresponding to the number plate issued under section 7 of the Highway Traffic Act that is displayed on the vehicle. (“propriétaire”)

 

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