ontario regulation 110/25

made under the

Towing and Storage Safety and Enforcement Act, 2021

Made: June 5, 2025
Filed: June 10, 2025
Published on e-Laws: June 10, 2025
Published in The Ontario Gazette: June 28, 2025

Amending O. Reg. 167/23

(GENERAL)

1. Subsection 1 (1) of Ontario Regulation 167/23 is amended by adding the following definitions:

“advanced towing service” has the same meaning as in Ontario Regulation 162/23 (Charges for Towing and Vehicle Storage Services) made under the Act; (“service de remorquage avancé”)

“intermediate towing service” has the same meaning as in Ontario Regulation 162/23; (“service de remorquage intermédiaire”)

“third party” has the same meaning as in section 7 of Ontario Regulation 162/23; (“tiers”)

“tow-specific permit” has the same meaning as in section 5 of Ontario Regulation 162/23; (“permis de remorquage”)

2. Section 6 of the Regulation is amended by adding the following subsections:

(2.1) The exemption set out in subsection (2) does not apply if,

(a) the tow operator or tow truck driver’s certificate is suspended or cancelled; or

(b) the tow operator or tow truck driver was previously refused a certificate under the Act and did not subsequently obtain a valid certificate.

. . . . .

(7) Any provisions of the Act that apply to vehicle storage services or vehicle storage operators do not apply to a person who never charges a fee for such services.

3. Subsection 7 (2) of the Regulation is amended by striking out “July 1, 2025” and substituting “July 1, 2026”.

4. Paragraph 4 of section 8 of the Regulation is amended by striking out “under this Act, the Highway Traffic Act or the Provincial Offences Act” at the end and substituting “under the Act or the Highway Traffic Act”.

5. Paragraph 5 of subsection 9 (3) of the Regulation is revoked and the following substituted:

5. A term or condition that applies to the certificate has not been met, including a condition that, upon amendment of a certificate pursuant to subsection 6 (3) of the Act, was varied or attached to the certificate.

6. (1) Subsection 13 (2) of the Regulation is amended by adding the following paragraph:

4.1 A copy of any documentation related to the impoundment or removal of a motor vehicle where consent was not required.

(2) Section 13 of the Regulation is amended by adding the following subsection:

(2.1) If a person who received a towing service was charged an amount in respect of any of the following, the tow certificate holder who provided the service shall keep a record of it, including the amount charged:

1. The crossing of an international border while providing the towing service.

2. The use of a toll highway, toll bridge or toll ferry while providing the towing service, including a copy of the invoice setting out the toll, fare or fee.

3. The use of a tow-specific permit.

4. The use of single-use materials, products or devices to,

i. clear the highway,

ii. make the location of the towing service visible to drivers, or

iii. secure the motor vehicle and its contents, including a copy of the invoice setting out the tow operator’s cost for each single-use material, product or device.

5. Vehicles, equipment, labour or services provided to the tow operator by a third party, including,

i. the legal name and contact information of the third party,

ii. detailed information identifying the vehicle, equipment, labour or services, an explanation of why it was necessary for the towing service and a description of how it was used, and

iii. a copy of the invoice showing the payments made by the tow operator to the third party.

(3) Subsection 13 (4) of the Regulation is amended by adding “or (2.1)” after “subsection (2)”.

(4) Subsection 13 (5) of the Regulation is amended by adding “or (2.1)” after “subsection (2)”.

(5) Subsection 13 (6) of the Regulation is amended by striking out “(1) or (2)” and substituting “(1), (2) or (2.1)”.

7. Section 14 of the Regulation is amended by adding the following subsection:

(5) The Director may, at any time and for any purpose related to the administration or enforcement of the Act and the regulations, request that a tow operator, or any director, officer, employee or agent of a tow operator, provide to the Director, within the time specified, any document or record the operator is required to keep under the Act or the regulations, and any person to whom such a request is made shall comply with the request.

8. Paragraph 6 of subsection 15 (1) of the Regulation is amended by striking out “under the Act, the Highway Traffic Act or the Provincial Offences Act” at the end and substituting “under the Act or the Highway Traffic Act”.

9. (1) Paragraph 3 of subsection 16 (3) of the Regulation is revoked and the following substituted:

3. A term or condition that applies to the certificate has not been met, including a condition that, upon amendment of a certificate pursuant to subsection 6 (3) of the Act, was varied or attached to the certificate.

10. (1) Section 19 of the Regulation is amended by adding the following subsection:

Records

(0.1) A tow truck driver shall create a run sheet at the beginning of each shift and shall record the driver’s name and the start time of the shift on the run sheet.

(2) Subsection 19 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) The run sheet shall include, for every towing service performed during the shift, a record of,

. . . . .

(3) Clause 19 (1) (b) of the Regulation is revoked and the following substituted:

(b) the name of the person who,

(i) consented to the towing services,

(ii) authorized the towing services, if a person described in subsection 32 (1) did not provide consent, and the capacity or authority of the person giving the authorization, or

(iii) directed the impoundment, storage or towing of the motor vehicle;

(4) Section 19 of the Regulation is amended by adding the following subsection:

(1.1) A tow truck driver shall record the information required under subsection (1) for a towing service to the run sheet within 30 minutes of completing the service or as soon thereafter as practicable.

11. Subsection 22 (1) of the Regulation is revoked and the following substituted:

Photographs

(1) Where intermediate towing services or advanced towing services are provided in respect of a vehicle, the tow truck driver shall take a sufficient number of photographs of the vehicle so as to clearly, accurately and fully show the scene around the vehicle, including the position of the motor vehicle before the towing services were commenced.

12. (1) Paragraph 4 of section 23 of the Regulation is amended by striking out “under this Act, the Highway Traffic Act or the Provincial Offences Act” at the end and substituting “under the Act or the Highway Traffic Act”.

(2) Paragraph 12 of section 23 of the Regulation is amended by striking out “paragraphs 5” and substituting “paragraphs 6”.

(3) Paragraph 15 of section 23 of the Regulation is amended by striking out “paragraphs 5, 7 and 10” at the end and substituting “paragraphs 7 and 10”.

13. Paragraph 5 of subsection 24 (3) of the Regulation is revoked and the following substituted:

5. A term or condition that applies to the certificate has not been met, including a condition that, upon amendment of a certificate pursuant to subsection 6 (3) of the Act, was varied or attached.

14. Paragraph 1 of subsection 29 (2) of the Regulation is amended by adding the following subparagraph:

iv.1 in the case of an electric or hybrid vehicle that has incurred damage to one or more of its critical electrical systems, any risk mitigation measures taken to prevent damage to other vehicles or harm to persons,

15. Section 30 of the Regulation is amended by adding the following subsection:

(7) The Director may, at any time and for any purpose related to the administration or enforcement of the Act and the regulations, request that a vehicle storage operator, or any director, officer, employee or agent of a vehicle storage operator, provide to the Director, within the time specified, any document or record the operator is required to keep under the Act or the regulations, and any person to whom such a request is made shall comply with the request.

16. (1) Clause 33 (1) (d) of the Regulation is amended by striking out “name and”. 

(2) Subsection 33 (5) of the Regulation is revoked and the following substituted:

(5) The documentation of consent for each of the following categories of products or services shall be separate from the documentation for the other categories:

1. Towing services and services related or ancillary to towing services.

2. Vehicle storage services and services related or ancillary to vehicle storage services.

3. Any other products or services.

(6) A documentation of consent for services described in paragraph 1 or 2 of subsection (5) shall not be used as consent for any other products or services, and if a document purports to provide consent for both services described in paragraph 1 or 2 and other products or services, consent in relation to those other products or services is null and void.

(7) A copy of the documentation of consent shall be provided to the consenting person prior to commencing the towing service, if practicable, and otherwise, it shall be provided immediately after the towing service is complete.

17. (1) Clause 35 (1) (d) of the Regulation is amended by striking out “name and”.

(2) Clause 35 (1) (i) of the Regulation is revoked and the following substituted:

(i) any amounts charged, in itemized detail, including, where an amount is charged in respect of vehicles, equipment, labour or services provided to the tow operator by a third party,

(i) the legal name of the third party,

(ii) any additional amount charged by the tow operator, and

(iii) a copy of the third party’s invoice to the tow operator;

(3) Clause 35 (2) (g) of the Regulation is revoked and the following substituted:

(g) for each time the motor vehicle was moved, the date and time it was moved, the locations from which and to which it was moved and the reason it was moved;

18. Paragraphs 4 and 5 of Schedule 2 to the Regulation are revoked and the following substituted:

4. Tow truck drivers must be identified by certificate number on the Consent to Tow form.

5. Tow operators must be identified by name and certificate number on the Consent to Tow form and on the tow truck. Make sure the tow operator’s name and certificate number on the tow truck matches the documentation.

6. Tow truck drivers and tow operators are subject to a Code of Conduct. See the Government of Ontario’s website on the Towing and Storage Safety and Enforcement Act, 2021.

Commencement

19. This Regulation comes into force on the later of July 1, 2025 and the day it is filed.