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Photo Card Act, 2008

S.o. 2008, chapter 17

Consolidation Period: From June 6, 2019 to the e-Laws currency date.

Last amendment: 2019, c. 8, Sched. 4.

Legislative History: 2008, c. 17, s. 24-27; 2019, c. 7, Sched. 17, s. 142; 2019, c. 8, Sched. 4.

CONTENTS

Interpretation

1.

Definitions

2.

Information on or embedded in a photo card

Issuance and Use of Photo Cards

3.

Issuance of photo cards to non-drivers

5.

Photograph requirement

6.

Photo card, distinguishing physical feature

7.

Photo-comparison technology

8.

Fees

9.

Voluntary use of photo card

10.

Cancellation of photo card

11.

Return of photo card

Collection and Disclosure of Information

12.

Collection and disclosure of information

Offences

13.

Offences re possession and use of photo card

14.

Offence re false statement, inaccurate information

15.

Other offences

Administrative Matters

16.

Powers and duties of Ministry

17.

Delegation of powers

18.

Forms

19.

Power to do things electronically

20.

Records

21.

Evidence

22.

Protection from liability

23.

Regulations

24.

Transition — Getting Ontario Moving Act (Transportation Statute Law Amendment), 2019

Interpretation

Definitions

1 In this Act,

“driver’s licence” has the same meaning as in the Highway Traffic Act; (“permis de conduire”)

“Minister” means the Minister of Transportation or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

“photo card” means a card issued under this Act that has on it the holder’s name and photograph and additional information about the holder that may be prescribed; (“carte-photo”)

“prescribed” means prescribed by regulations made under this Act; (“prescrit”)

“regulation” means a regulation made under this Act; (“règlement”)

“valid driver’s licence” means a driver’s licence that is not suspended, cancelled or expired. (“permis de conduire valide”)  2008, c. 17, ss. 1, 24; 2019, c. 8, Sched. 4, s. 1.

Section Amendments with date in force (d/m/y)

2008, c. 17, s. 24 - 06/03/2009

2019, c. 8, Sched. 4, s. 1 (1, 2) - 06/06/2019

Information on or embedded in a photo card

2 A reference in this Act or a regulation to a photograph or information on a photo card includes a photograph or information embedded in a photo card.  2008, c. 17, s. 2.

Issuance and Use of Photo Cards

Issuance of photo cards to non-drivers

Photo cards

3 (1) The Minister may issue a photo card to an individual who,

(a) submits an application for the photo card in accordance with the regulations;

(b) is a resident of Ontario;

(c) does not hold a valid driver’s licence; and

(d) meets any other requirements that may be prescribed.  2008, c. 17, ss. 3 (1), 25 (1); 2019, c. 8, Sched. 4, s. 2 (1).

(2) Repealed: 2019, c. 8, Sched. 4, s. 2 (2).

Section Amendments with date in force (d/m/y)

2008, c. 17, s. 25 (1, 2) - 06/03/2009

2019, c. 8, Sched. 4, s. 2 (1, 2) - 06/06/2019

4 Repealed: 2019, c. 8, Sched. 4, s. 3.

Section Amendments with date in force (d/m/y)

2008, c. 17, s. 26 - 06/03/2009

2019, c. 8, Sched. 4, s. 3 - 06/06/2019

Photograph requirement

5 The Minister may require an applicant for the issuance or renewal of a photo card to submit to being photographed by equipment provided by the Ministry.  2008, c. 17, s. 5.

Photo card, distinguishing physical feature

6 The Minister shall ensure that each photo card contains a distinguishing physical feature such that an individual, particularly a visually impaired individual, can readily locate the card and distinguish it from other cards that the individual may be carrying.  2008, c. 17, s. 6.

Photo-comparison technology

7 (1) The Minister may use photo-comparison technology to compare the photographs taken of any applicants for or holders of a photo card or driver’s licence.  2008, c. 17, s. 7 (1).

Not admissible

(2) The photo-comparison technology used by the Minister, the methodology used to compare photographs and the measurements and results used for comparison are not admissible in evidence for any purpose and cannot be required for production in a civil proceeding before a court or tribunal.  2008, c. 17, s. 7 (2).

Definition

(3) In this section,

“photo-comparison technology” means a software application that measures the characteristics of a person’s face in a photograph and compares the results of that measurement with those of other photographs.  2008, c. 17, s. 7 (3).

Fees

8 The Minister,

(a) may require that applicants for and holders of photo cards pay a fee to the Minister or to a person who provides any service for the Minister for anything done or provided by or on behalf of the Minister under this Act; and

(b) may require different fees for different circumstances and different classes of applicants and holders of photo cards.  2008, c. 17, s. 8; 2019, c. 8, Sched. 4, s. 4.

Section Amendments with date in force (d/m/y)

2019, c. 8, Sched. 4, s. 4 - 06/06/2019

Voluntary use of photo card

9 (1) The holder of a photo card may, in his or her discretion, present it in any transaction or circumstance, including any transaction or circumstance where the holder wishes to identify himself or herself.  2008, c. 17, s. 9 (1).

No requirement to have or use photo card

(2) However, a photo card is issued solely for the convenience of the holder of the photo card and there is no requirement under this or any other Act that an individual obtain or carry a photo card or that a photo card be presented or accepted.  2008, c. 17, s. 9 (2).

(3) Repealed: 2019, c. 8, Sched. 4, s. 5.

Section Amendments with date in force (d/m/y)

2019, c. 8, Sched. 4, s. 5 - 06/06/2019

Cancellation of photo card

10 (1) The Minister may cancel a photo card if,

(a) the Minister is satisfied that the photo card was used in the commission of an offence under section 13 or 15;

(b) the Minister is satisfied that the holder of the photo card committed an offence under section 13, 14 or 15;

(c) the Minister is satisfied that any information provided by the holder of a photo card under this Act is false;

(d) the Minister is satisfied that any information appearing on the photo card is incorrect; or

(e) the payment of a fee in respect of the photo card is dishonoured.  2008, c. 17, s. 10 (1).

Same

(2) The Minister may also cancel a photo card if the Minister is of the opinion that it is necessary to do so to ensure that the photo card is not used improperly, and in any circumstance that may be prescribed.  2008, c. 17, s. 10 (2).

Return of photo card

11 (1) The Minister may require the return of a photo card that was cancelled under section 10 from the holder of the photo card or other person in possession of the photo card.  2008, c. 17, s. 11 (1); 2019, c. 8, Sched. 4, s. 6.

Same

(2) A person who is required by the Minister to return a photo card shall return the photo card as specified by the Minister.  2008, c. 17, s. 11 (2).

Section Amendments with date in force (d/m/y)

2019, c. 8, Sched. 4, s. 6 - 06/06/2019

Collection and Disclosure of Information

Collection and disclosure of information

Collection by Minister

12 (1) The Minister may request and collect information from any public body or related government, as he or she considers appropriate, if the Minister considers it necessary for a purpose set out in subsection (5).  2008, c. 17, s. 12 (1).

Disclosure by Minister

(2) The Minister may disclose information to any public body or related government, as he or she considers appropriate, if the Minister considers it necessary for a purpose set out in subsection (5).  2008, c. 17, s. 12 (2).

Disclosure to Minister

(3) Upon receipt of a request for information from the Minister under subsection (1), a public body shall disclose to the Minister any information from their records that may assist the Minister with a purpose set out in subsection (5).  2008, c. 17, s. 12 (3).

Exception

(4) The Minister may not disclose under subsection (2) the measurements used for comparison of photographs as described in section 7.  2008, c. 17, s. 12 (4).

Purposes for collection and disclosure of information

(5) The only purposes for which information may be collected or disclosed under this section are the following:

1. To verify the accuracy of any information provided under this Act by an applicant for or holder of a photo card.

2. To verify the authenticity of any document provided under this Act by an applicant for or holder of a photo card.

3. To detect a false statement in any document provided under this Act by any person.

4. To detect or prevent the improper use of a photo card.

5. To detect or prevent the improper issuance or renewal of a photo card, including by conducting an audit or review of any issuance, renewal or cancellation of a photo card or the conduct of any person or entity involved in issuing, renewing or cancelling a photo card.

6. Repealed: 2019, c. 8, Sched. 4, s. 7.

7. To provide a public body or related government with the information that the Minister believes is necessary to assist it with a purpose similar to a purpose set out in paragraph 1, 2, 3 or 4 if the holder of a photo card has presented his or her photo card in order to obtain a benefit or service under a legislatively authorized program or service administered or provided by that public body or related government.  2008, c. 17, s. 12 (5); 2019, c. 8, Sched. 4, s. 7.

Deemed compliance with privacy legislation

(6) Any disclosure of information under this section is deemed to be in compliance with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act and clause 32 (e) of the Municipal Freedom of Information and Protection of Privacy Act2008, c. 17, s. 12 (6).

Notice under privacy legislation

(7) Any collection by a public body of personal information, as defined in the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act, disclosed to the public body under this section is exempt from the application of subsection 39 (2) of the Freedom of Information and Protection of Privacy Act and subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act.  2008, c. 17, s. 12 (7).

Otherwise authorized collection or disclosure

(8) The authority to collect and disclose information under this section is in addition to any other authority under this or any other Act for the Ministry to collect and disclose information.  2008, c. 17, s. 12 (8).

Definitions

(9) In this section,

“public body” means,

(a) any ministry, agency, board, commission, official or other body of the Government of Ontario,

(b) any municipality in Ontario, 

(c) a local board, as defined in the Municipal Affairs Act, and any authority, board, commission, corporation, office or organization of persons some or all of whose members, directors or officers are appointed or chosen by or under the authority of the council of a municipality in Ontario, or

(d) a prescribed person or entity; (“organisme public”)

“related government” means,

(a) the Government of Canada and the Crown in right of Canada, and any ministry, agency, board, commission or official of either of them, or

(b) the government of any other province or territory of Canada and the Crown in right of any other province of Canada, and any ministry, agency, board, commission or official of any of them. (“gouvernement lié”)  2008, c. 17, s. 12 (9).

Section Amendments with date in force (d/m/y)

2019, c. 8, Sched. 4, s. 7 - 06/06/2019

Offences

Offences re possession and use of photo card

13 (1) No person shall,

(a) have in his or her possession a fictitious, imitation, altered or fraudulently obtained photo card;

(b) lend his or her photo card to another person to be used contrary to clause (c) or permit such use of the photo card by another person;

(c) represent as his or her own a photo card not issued to him or her; or

(d) apply for, secure or retain in his or her possession more than one photo card.  2008, c. 17, s. 13 (1).

Same, while holding a driver’s licence

(2) No person who holds a valid driver’s licence shall apply for, secure or retain in his or her possession a photo card.  2008, c. 17, s. 13 (2); 2019, c. 8, Sched. 4, s. 8.

Seizure of photo card

(3) Where a police officer has reason to believe that a person has a photo card in his or her possession or is using a photo card in contravention of clause (1) (a), (b), (c) or (d) or subsection (2), the police officer may take possession of the photo card and, where the officer does so, he or she shall forward the photo card to the Minister upon disposition of the case.  2008, c. 17, s. 13 (3).

Penalty

(4) Every person who contravenes clause (1) (a), (b), (c) or (d) or subsection (2) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $20,000.  2008, c. 17, s. 13 (4).

Section Amendments with date in force (d/m/y)

2019, c. 8, Sched. 4, s. 8 - 06/06/2019

Offence re false statement, inaccurate information

14 (1) Every person who submits a false or inaccurate document, makes a false statement or includes inaccurate information in or with a written or electronic application, declaration, affidavit or other document required by the Ministry or under this Act is guilty of an offence and on conviction, in addition to any other penalty or punishment to which the person may be liable, is liable to a fine of not less than $400 and not more than $20,000 or to imprisonment for a term of not more than six months, or to both.  2008, c. 17, s. 14 (1).

Defence

(2) A person is not guilty of an offence under subsection (1) if the person exercised all reasonable care to avoid submitting a false or inaccurate document or making a false statement or including inaccurate information.  2008, c. 17, s. 14 (2).

Limitation

(3) No proceeding for an offence under this section shall be instituted more than six years after the facts on which the proceeding is based are alleged to have occurred.  2008, c. 17, s. 14 (3).

Other offences

15 Every person who contravenes or fails to comply with subsection 11 (2) or a regulation is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $20,000.  2008, c. 17, s. 15.

Administrative Matters

Powers and duties of Ministry

16 Where by this Act powers are conferred or duties are imposed upon the Ministry, the powers may be exercised by the Minister and the duties discharged by the Minister.  2008, c. 17, s. 16.

Delegation of powers

17 (1) The Minister may authorize the deputy minister of the Ministry, one or more employees in the Ministry or in any other ministry or any other person or persons to exercise any or all of the powers and duties of the Minister under this Act, and where a power or duty is delegated to more than one person, any one of them may exercise that power or duty.  2008, c. 17, s. 17 (1).

Delegate may retain portion of fee

(2) Despite section 2 of the Financial Administration Act, any person who issues or renews photo cards or provides any service for the Minister or his or her delegate relating to photo cards pursuant to an agreement with the Minister or delegate, as the case may be, may retain, from the fee paid, the amount that is approved by the Minister from time to time.  2008, c. 17, s. 17 (2).

Forms

18 The Minister may require that forms approved by the Minister be used for any purpose under this Act.  2008, c. 17, s. 18.

Power to do things electronically

19 (1) Anything that the Minister or Registrar of Motor Vehicles is required or authorized to do or to provide under this Act may be done or provided by electronic means or in an electronic format.  2008, c. 17, s. 19 (1).

Same

(2) Anything that any person is required or authorized to do or to provide to the Minister or the Ministry under this Act may be done or provided by electronic means or in an electronic format, in the circumstances and in the manner specified by the Ministry.  2008, c. 17, s. 19 (2).

Records

20 (1) The Minister shall keep a record of every photo card that is issued, renewed or cancelled, and of every application made for a photo card, and shall keep a record of the particulars of each issuance, renewal, cancellation and application.  2008, c. 17, s. 20 (1).

Same

(2) The Minister may keep any other records that he or she considers necessary for the administration of this Act.  2008, c. 17, s. 20 (2).

Evidence

Certified copy, document admissible

21 (1) A copy of any document filed in the Ministry under this Act, or any statement containing information from the records required or authorized to be kept under this Act, that purports to be certified by the Registrar of Motor Vehicles under the seal of the Ministry as being a true copy of the original shall be received in evidence in all courts without proof of the seal, the Registrar of Motor Vehicles’ signature or the manner of preparing the copy or statement, and is proof, in the absence of evidence to the contrary, of the facts contained in the copy or statement.  2008, c. 17, s. 21 (1).

Registrar’s signature

(2) The Registrar of Motor Vehicles’ signature on a copy or statement described in subsection (1) may be an original signature or an engraved, lithographed, printed or otherwise mechanically or electronically reproduced signature or facsimile signature.  2008, c. 17, s. 21 (2).

Ministry seal

(3) The seal of the Ministry on a copy or statement described in subsection (1) may be affixed by impression or may be an engraved, lithographed, printed or otherwise mechanically or electronically reproduced seal or facsimile of a seal.  2008, c. 17, s. 21 (3).

Signature and seal only required on first page

(4) The Registrar of Motor Vehicles’ signature on a copy or statement described in subsection (1) need only be on the first page of the copy or statement.  2008, c. 17, s. 21 (4).

Same

(5) The seal of the Ministry on a copy or statement described in subsection (1) need only be on the first page of the copy or statement if the following pages are sequentially numbered, by hand or otherwise; if the pages following the first page are not sequentially numbered, the seal must be on each page.  2008, c. 17, s. 21 (5).

Electronic filing in court

(6) A copy or statement described in subsection (1) may be filed in a court by direct electronic transmission in accordance with the regulations.  2008, c. 17, s. 21 (6).

Definition

(7) In this section,

“document” includes a photograph.  2008, c. 17, s. 21 (7).

Protection from liability

22 (1) No action or other proceeding for damages shall be instituted against the Minister, the Registrar of Motor Vehicles, a public servant, a delegate or agent of the Minister or any other person authorized or required to do anything under this Act for anything done in good faith in the performance or intended performance of a duty under this Act or in the exercise or intended exercise of a power under this Act or any neglect or default in the performance or exercise in good faith of such duty or power.  2008, c. 17, s. 22 (1).

Same

(2) No action or other proceeding for damages shall be instituted against the Crown in right of Ontario, the Minister, the Registrar of Motor Vehicles, a public servant, a delegate or agent of the Minister or any other person authorized or required to do anything under this Act arising from,

(a) the use by any person of a photo card;

(b) the use by any person of any photograph or information on a photo card; or

(c) the use by any person of any photograph or information in a record provided by the Ministry under this Act.  2008, c. 17, s. 22 (2).

Crown liability

(3) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject.  2008, c. 17, s. 22 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 22 (3) of the Act is amended by striking out “subsections 5 (2) and (4) of the Proceedings Against the Crown Act” and substituting “subsection 8 (3) of the Crown Liability and Proceedings Act, 2019”. (See: 2019, c. 7, Sched. 17, s. 142)

Section Amendments with date in force (d/m/y)

2019, c. 7, Sched. 17, s. 142 - not in force

Regulations

23 The Lieutenant Governor in Council may make regulations,

(a) Repealed:  2008, c. 17, s. 27.

(b) prescribing additional information about the holder that may be included on a photo card;

(c) defining “resident of Ontario”;

(d) prescribing other requirements for the issuance of a photo card, including prescribing a minimum age for an individual to be issued a photo card and requiring notice to and consent from an applicant’s parents or guardian if the applicant for a photo card is under 16 years old;

(e) governing the application and reapplication for and renewal of photo cards;

(f) prescribing circumstances in which a photo card shall not be issued or renewed;

(g) governing the term of validity of photo cards;

(h) requiring a holder of a photo card to notify the Ministry of a change in his or her name or address or other specified information, and prescribing the time and manner of such notification;

(i) prescribing circumstances under which the Minister may cancel a photo card under subsection 10 (2) and prescribing and governing procedures for cancelling a photo card;

(j) governing the return of photo cards under subsection 11 (2);

(k) prescribing a person or entity, or any class of person or entity, as a public body for the purposes of section 12;

(l) requiring and governing the submission of reports and information and documents to the Ministry by holders of photo cards;

(m) respecting the filing of copies and statements in court by direct electronic transmission and the manner in which the signature of the Registrar of Motor Vehicles and the seal of the Ministry may be represented when such a copy or statement is printed for the purpose of subsection 21 (6);

(n) providing that any provision or requirement of this Act or of a regulation does not apply to a specified class of photo cards, or photo cards held by a specified class of persons or in specified circumstances, and prescribing conditions and circumstances for such non-applications;

(o) exempting any person or class of persons from any provision or requirement of this Act or of a regulation, and prescribing conditions and circumstances for such exemptions.  2008, c. 17, ss. 23, 27; 2019, c. 8, Sched. 4, s. 9.

Section Amendments with date in force (d/m/y)

2008, c. 17, s. 27 - 06/03/2009

2019, c. 8, Sched. 4, s. 9 - 06/06/2019

Transition — Getting Ontario Moving Act (Transportation Statute Law Amendment), 2019

24 An enhanced photo card or a combined photo card that was issued under this Act before the day subsection 1 (1) of Schedule 4 to the Getting Ontario Moving Act (Transportation Statute Law Amendment), 2019 came into force, and was valid immediately before that day, continues to be valid until the card expires or is cancelled under this Act, but cannot be renewed, replaced or revised on or after that day. 2019, c. 8, Sched. 4, s. 10.

Section Amendments with date in force (d/m/y)

2019, c. 8, Sched. 4, s. 10 - 06/06/2019

25-27 Omitted (provides for amendments to this Act).  2008, c. 17, ss. 24-27.

28-48 Omitted (amends, repeals or revokes other legislation).  2008, c. 17, ss. 28-48.

49 Omitted (provides for coming into force of provisions of this Act).  2008, c. 17, s. 49.

50 Omitted (enacts short title of this Act).  2008, c. 17, s. 50.

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