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Ontario Highway Transport Board Act

R.S.O. 1990, CHAPTER O.19

Consolidation Period: From July 25, 2007 to the e-Laws currency date.

Last amendment: 2006, c. 21, Sched. F, s. 136 (1).

Definitions

1. In this Act,

“Board” means the Ontario Highway Transport Board established under this Act; (“Commission”)

“Minister” means such Minister as is designated by the Lieutenant Governor in Council. (“ministre”) R.S.O. 1990, c.O.19, s.1.

Ontario Highway Transport Board

2. (1) The Ontario Highway Transport Board is continued under the name Ontario Highway Transport Board in English and Commission des transports routiers de l’Ontario in French and shall consist of that number of members as the Lieutenant Governor in Council may from time to time determine. R.S.O. 1990, c.O.19, s.2 (1); 1996, c. 9, s. 1 (1).

Appointment

(2) The members shall be appointed by the Lieutenant Governor in Council and one of them shall be designated as chair. R.S.O. 1990, c.O.19, s.2 (2); 1996, c. 9, s. 1 (2).

Remuneration

(3) The members shall receive such remuneration and expenses as the Lieutenant Governor in Council determines. R.S.O. 1990, c.O.19, s.2 (3).

Powers of Board on vacancy

3. A vacancy in membership of the Board or the absence or inability of a member to act does not impair the powers of the Board or of the remaining members who may exercise all the jurisdiction and powers of the Board. R.S.O. 1990, c.O.19, s.3.

Vacancies

4. Vacancies in the membership of the Board caused by death, resignation or otherwise may be filled by the Lieutenant Governor in Council. R.S.O. 1990, c.O.19, s.4.

Quorum

5. One member of the Board constitutes a quorum and is sufficient for the exercise of all the jurisdiction and powers of the Board. 1996, c. 9, s. 2.

6. Repealed: 1996, c. 9, s. 2.

Member designated to act for chair

7. (1) The chair may designate another member of the Board to act as chair in his or her absence. 1996, c. 9, s. 3.

Same

(2) If the chair cannot act and has not designated another member to act as chair, or if the office of chair is vacant, the Minister may designate a member of the Board to act as chair. 1996, c. 9, s. 3.

Same

(3) A member designated under subsection (1) or (2) may act as and has all the powers of the chair. 1996, c. 9, s. 3.

Attendance to duties

8. The members of the Board shall perform their duties as and when required, and may accept or hold another office or employment so long as it is not inconsistent with their duties as Board members. 1996, c. 9, s. 3.

Staff

9. The Board may engage and employ such persons as are necessary to carry out the Board’s functions. 1996, c. 9, s. 3. 

10. Repealed: 1996, c. 9, s. 3.

Members of Board not personally liable

11. (1) No member of the Board and no officer, agent or employee of the Board is personally liable for anything done by him or her in good faith under the authority of this Act or the regulations. R.S.O. 1990, c.O.19, s.11 (1).

Crown not relieved of liability

(2) Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort to which it would otherwise be subject, and the Crown is liable under that Act for any tort in a like manner as if subsection (1) had not been enacted. R.S.O. 1990, c.O.19, s.11 (2).

Protection from being called as witnesses

(3) No member of the Board or of its staff is required to give testimony in any civil suit with regard to information obtained by the member in the discharge of his or her official duty. R.S.O. 1990, c.O.19, s.11 (3).

When orders etc. effective

12. (1) An order, decision or direction of the Board is effective upon being signed by a member of the Board or as otherwise specified in the order, decision or direction. 1996, c. 9, s. 4.

When licence effective

(2) A licence issued by the Board is effective upon being signed by a member of the Board or as otherwise specified in the licence. 1996, c. 9, s. 4.

Signing of orders, etc.

(3) Every document other than an order, certificate, report or recommendation issued by the Board shall be signed by a member of the Board. R.S.O. 1990, c.O.19, s.12 (3).

Legislation Act, 2006, Part III

13. Part III (Regulations) of the Legislation Act, 2006 does not apply to any order, decision, direction or licence issued by the Board. 1996, c. 9, s. 5; 2006, c. 21, Sched. F, s. 136 (1).

Sittings

14. (1) The Board shall sit at such times and places as the chair may from time to time designate and shall conduct its proceedings in such manner as may seem to it most convenient for the speedy and effectual dispatch of its duties. R.S.O. 1990, c.O.19, s.14 (1).

Use of court house

(2) Where sittings of the Board are appointed to be held in a municipality in which a court house is situate, the Board and its members have in all respects the same rights as a judge of the Superior Court of Justice with respect to the use of the court house and any part thereof, and of other buildings and apartments set aside in the municipality for the administration of justice. R.S.O. 1990, c.O.19, s.14 (2); 2006, c. 19, Sched. C, s. 1 (1).

Use of town hall

(3) Where the sittings of the Board are appointed to be held in a municipality in which there is a municipal hall but no court house, the municipality shall, upon request, allow such sittings to be held in such hall and shall make all arrangements necessary and suitable for the purpose. R.S.O. 1990, c.O.19, s.14 (3).

Power to determine law and fact

15. The Board has as to all matters within its jurisdiction under this Act authority to hear and determine all questions of law or of fact. R.S.O. 1990, c.O.19, s.15.

16.-20. Repealed: 1996, c. 9, s. 6 (1).

Note: Section 16, as it read immediately before May 30, 1996, continues to apply to a rehearing or review commenced before May 30, 1996. After May 30, 1996, the Board shall not commence any rehearing or review under section 16, as it read immediately before May 30, 1996. See: 1996, c. 9, s. 6 (2, 3).

Enforcement of orders

21. A certified copy of an order of the Board under this or any other Act may be filed in the Superior Court of Justice and thereupon it becomes a judgment or order of the Superior Court of Justice enforceable in the same manner as a judgment or order of that court to the like effect. R.S.O. 1990, c.O.19, s.21; 1993, c.27, Sched.; 2006, c. 19, Sched. C, s. 1 (1).

Procedure

22. (1) The Statutory Powers Procedure Act applies to hearings by the Board and related proceedings. 1996, c. 9, s. 7 (1).

When written hearings to be held

(2) Despite subsection (1) and subject to subsection (3), a hearing held by the Board under section 6, 7 or 8 of the Public Vehicles Act shall be a written hearing unless all the parties to the hearing agree to have an oral hearing. 1996, c. 9, s. 7 (1).

Request for oral hearing

(3) Any party to a hearing under section 6, 7 or 8 of the Public Vehicles Act may request at any time before or during the hearing that the Board hold an oral hearing and, if the Board is of the opinion that a written hearing may not satisfy the requirements of natural justice, the Board shall hold an oral hearing for all or any part of the matter. 1996, c. 9, s. 7 (1).

Parties

(4) Except as may be expressly provided in the Public Vehicles Act, in any proceeding before the Board, the parties are,

(a) the person whose operations, licence or transportation service is the subject of the proceeding; and

(b) any interested person, as defined in section 1 of the Public Vehicles Act, who applies to be a party and is specified as a party by the Board. 1996, c. 9, s. 7 (1).

Member not to have taken part in prior investigation

23. (1) The member of the Board assigned to hold a hearing shall not have taken part prior to the hearing in any investigation or consideration of the subject-matter of the hearing and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or any party or representative of a party except upon notice to and opportunity for all parties to participate. 1996, c. 9, s. 7 (1).

Member may seek legal advice

(2) The member may, without the notice required by subsection (1), seek legal advice from a legal advisor independent of the parties but, in such case, the nature of the advice shall be made known to the parties in order that they may make submissions as to the law. 1996, c. 9, s. 7 (1).

Costs

24. (1) The Board may, in its discretion, fix the costs of and incidental to any proceeding. 1996, c. 9, s. 7 (1).

Additional costs payable to Minister of Finance

(2) The Board shall order additional costs for every proceeding, payable to the Minister of Finance, such that all the actual costs of the proceeding incurred by the Board and by the Ministry of Transportation, including the costs of any prior investigations, are charged in full as costs to the parties to the proceeding, or any of them. 1996, c. 9, s. 7 (1).

Costs may reflect degree of success

(3) The Board may order by whom and to whom any costs are to be paid under subsection (1) and by whom any costs are to be paid under subsection (2) and, in exercising this discretion, the Board shall be mindful of the degree of success of the parties. 1996, c. 9, s. 7 (1).

Debt to Crown

(4) The costs ordered under subsection (2) are a debt due to Her Majesty the Queen in right of Ontario. 1996, c. 9, s. 7 (1).

Application

(5) This section applies to all hearings before the Board that are commenced on or after April 1, 1996. 1996, c. 9, s. 7 (1).

Note: Hearings commenced before May 30, 1996 and continued after May 30, 1996 shall be conducted in accordance with sections 22 and 23, as they read immediately before May 30, 1996. See: 1996, c. 9, s. 7 (2).

25.-27. Repealed: 1996, c. 9, s. 8 (1).

Note: Sections 26 and 27, as they read immediately before May 30, 1996, continue to apply, respectively, to a petition that was filed or an appeal that was commenced before May 30, 1996. See: 1996, c. 9, s. 8 (2).

Note: The Board shall not state a case under section 25, as it read immediately before May 30, 1996. No petition may be filed under section 26, as it read immediately before May 30, 1996. No appeal may be commenced under section 27, as it read immediately before May 30, 1996. See: 1996, c. 9, s. 8 (3).

Orders of Board final and binding

28. Every order, direction and decision of the Board and every licence issued by the Board is final and binding. 1996, c. 9, s. 9.

Practice and procedure

29. (1) The Lieutenant Governor in Council may make regulations governing the practice and procedure in proceedings before the Board. R.S.O. 1990, c.O.19, s.29 (1).

Idem

(2) Subject to regulations made under subsection (1), the Board may determine its own practice and procedure. R.S.O. 1990, c.O.19, s.29 (2).

Ministry report

(3) The Board may request and receive in evidence a report prepared by an officer of the Ministry of Transportation, as defined in section 1 of the Public Vehicles Act, in order to assist the Board during the hearing of any matter. 1996, c. 9, s. 10.

Same

(4) The Board shall cause a copy of the report to be served on every party to the hearing and, in an oral hearing, the officer of the Ministry of Transportation may be called by the Board to give evidence on the report. 1996, c. 9, s. 10.

Fees for documents

(5) The Board may charge and collect fees for providing copies and certified copies of,

(a) maps and plans; and

(b) orders, decisions, licences, certificates or other documents issued by or in the custody of the Board. 1996, c. 9, s. 10.

30. Repealed: 1996, c. 9, s. 11.

Payment over to Ontario

31. All fees charged and collected by the Board shall be paid over, accompanied by a detailed statement thereof, to the Minister of Finance at such intervals as he or she may require. R.S.O. 1990, c.O.19, s.31; 1996, c. 9, s. 12.

Evidence of documents

32. (1) Every document purporting to be signed by a member of the Board or a person designated by the Board to have signing authority is proof, in the absence of evidence to the contrary and without proof of the signature, that the document was duly signed. 1996, c. 9, s. 13.

Same

(2) A copy of a document signed as provided in subsection (1) in the custody of or on record with the Board and purporting to be certified by a member of the Board or a person designated by the Board to certify documents is proof of the document, in the absence of evidence to the contrary and without proof of the signature. 1996, c. 9, s. 13.

Annual report

33. The Board shall, after the close of each calendar year, make an annual report upon the affairs of the Board to the Minister who shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c.O.19, s.33.

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