ADMINISTRATIVE PENALTIES

CONTENTS 1. Definitions 2. Prescribed contraventions 3. Persons who may impose administrative penalty 4. Persons on whom a penalty order may be imposed 5. Amount 6. Considerations with respect to the assessment of amount of penalty 7. Penalty order 8. Time limit on imposition of penalty order 9. Service 10. Appeals to hearing officer 11. Conduct of an appeal 12. Determination of an appeal 13. Setting aside penalty order under certain circumstances 14. No fee 15. Payments Definitions 1. (1) In this Regulation, “contravention” means a contravention of or a failure to comply with a provision prescribed under section 2; (“contravention”) “hearing officer” means a person mentioned in section 10; (“agent enquêteur”) “penalty order” means an order made under subsection 45 (2) of the Act. (“ordonnance de pénalité”) (2) This Regulation applies only in respect of administrative penalties described in section 2 and in respect of penalty orders imposing such administrative penalties. Prescribed contraventions 2. For the purposes of subsection 45 (2) of the Act, the following provisions are prescribed as provisions in respect of which an administrative penalty may be imposed: 1. Sections 2, 3, 4, 5, 6, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31, 32, 35, 36, 37, 38, 39, 46 and 54 of the Act. 2. Sections 3, 8, 9, 10 and 13 of Ontario Regulation 162/23 (Charges for Towing and Vehicle Storage Services) made under the Act. 3. Sections 12, 13, 14, 19, 20, 21, 22, 27, 28, 29, 30, 32, 33, 34 and 35 of Ontario Regulation 167/23 (General) made under the Act. Persons who may impose administrative penalty 3. For the purposes of subsection 45 (2) of the Act, the following are prescribed as persons who may impose an administrative penalty in respect of a contravention: 1. A person appointed under section 53 of the Act who is employed in a division of the Ministry other than the division in which a person described in paragraph 1 of subsection 10 (1) is employed. 2. The Director. Persons on whom a penalty order may be imposed 4. (1) For the purposes of subsection 45 (3) of the Act, the following are prescribed as classes of persons on whom an administrative penalty may be imposed in respect of a contravention: 1. Owners of a motor vehicle. 2. Operators of a motor vehicle. 3. Drivers of a motor vehicle. 4. Holders of a CVOR certificate. 5. Holders of a tow certificate. 6. Holders of a tow driver certificate. 7. Holders of a vehicle storage certificate. 8. Tow operators. 9. Vehicle storage operators. (2) A penalty order may be imposed on more than one person in respect of the same or related circumstances if each person committed a contravention, and a separate penalty order shall be issued in respect of each person. (3) In paragraph 2 of subsection (1), “operator” has the same meaning as in subsection 16 (1) of the Highway Traffic Act. Amount 5. (1) The maximum amount of an administrative penalty that may be imposed in respect of a contravention is $5,000. (2) The amount referred to in subsection (1) may be imposed in respect of each contravention, including where more than one contravention occurs in respect of the same or related circumstances. Considerations with respect to the assessment of amount of penalty 6. (1) A person prescribed under section 3 may determine the amount of the administrative penalty. (2) When considering whether to issue a penalty order referred to in subsection 1 (2), and when considering the amount of the administrative penalty to be imposed, the person shall take into consideration any factors or circumstances that appear to the person to be relevant, including, (a) any aggravating or mitigating factors; (b) any applicable policies or guidelines; (c) whether any economic benefit was likely to have been obtained or derived by the person who is subject to the penalty order as a result of the contravention, including through the likely receipt of additional revenue or the likely avoidance of costs; and (d) whether the person who is subject to the penalty order has any previous convictions for offences, or was subject to any previous penalty orders that were imposed under the Act or the Highway Traffic Act, and the similarity, frequency, severity and date of those previous convictions or contraventions. Penalty order 7. (1) A penalty order referred to in subsection 1 (2) shall include the following information: 1. A unique file number. 2. The provision contravened. 3. The approximate date and location of the contravention. 4. A description of the contravention. 5. The amount of the administrative penalty as determined under this Regulation. 6. A statement that the person on whom the order is imposed must, no later than 30 days after the day the order is served or deemed served, pay the administrative penalty unless they commence an appeal in accordance with this Regulation. 7. A statement that the person on whom the order is imposed may, no later than 30 days after the day the order is served or deemed served, commence an appeal in accordance with this Regulation. 8. Information regarding the appeal process, including the manner in which to commence an appeal. (2) If a penalty order against a person imposes penalties for more than one contravention, the penalty order shall identify each contravention and the penalty amount for the contravention separately, and shall specify the total penalty amount. (3) A penalty order may include statements by the person imposing the order that are certified to be true in respect of the contravention or in respect of the service of the penalty order. Time limit on imposition of penalty order 8. For the purposes of subsection 45 (5) of the Act, the prescribed time period within which a penalty order referred to in subsection 1 (2) may be imposed is two years after the day the contravention occurred. Service 9. (1) A penalty order referred to in subsection 1 (2) may be served on the person who is subject to the order personally or by sending the order by mail or by courier to the most recent address that appears in the Ministry’s records for that person, or if there is no such address in the records of the Ministry, to an address from a source that is believed by the person imposing the order to be reliable. (2) A penalty order may be served by email if the person imposing the order believes that the person who is subject to the penalty order has provided to the Ministry an email address where the person will reliably receive emails. (3) If the person imposing the order believes that the person who is subject to the order resides outside Ontario or, in the case of a corporation, has its principal place of business outside Ontario, the penalty order may be served on that person by sending the order by mail or by courier to the address outside Ontario at which the person imposing the order believes that person resides or has their principal place of business. (4) The address mentioned in subsection (3) may be determined from any source believed by the person imposing the order to be reliable or from a document obtained from the government of any province or territory of Canada or from the government of a state of the United States of America, or from a person or entity authorized by any such government to keep records of vehicle permits, number plates or other evidence of vehicle ownership in that jurisdiction. (5) An order is deemed to have been served, (a) if served personally, on the day it is served; (b) if served by mail or by courier, on the seventh day after the day it is sent; or (c) if served by email, on the next business day after the day the email is sent. Appeals to hearing officer 10. (1) For the purposes of subsection 45 (7) of the Act, the following persons are prescribed as hearing officers who may hear an appeal of a penalty order referred to in subsection 1 (2): 1. A person who is employed in part or in whole for this purpose in a division of the Ministry other than the division in which a person described in paragraph 1 of section 3 is employed. 2. A person retained by the Ministry under contract for this purpose. (2) An appeal of a penalty order under subsection 45 (7) of the Act shall be commenced within 30 days after the date on which the order is deemed to have been served under subsection 9 (5) and shall be conducted as follows: 1. A person who is subject to a penalty order may commence an appeal by requesting, in the manner set out in the order, a review of the penalty order by a hearing officer. 2. The hearing officer may confirm, vary or set aside the penalty order after the review is complete. 3. The hearing officer shall send a copy of the decision to the appellant by mail, courier or electronic means as soon as practical after the decision is made. (3) If a hearing officer considers it fair and appropriate in the circumstances, the officer may extend the 30-day period to commence an appeal and the extension may be made even after the 30-day period has expired. Conduct of an appeal 11. (1) An appeal of a penalty order referred to in subsection 1 (2) shall be conducted in writing unless a hearing officer determines, upon request of the appellant, that the appeal is to be conducted electronically. (2) A hearing officer shall not decide whether to confirm, vary or set aside a penalty order unless the appellant has been given an opportunity to make submissions in the same manner in which the appeal is to be conducted. (3) The hearing officer shall allow the appellant at least 14 days after the commencement of the appeal to make the submissions referred to in subsection (2). (4) If an appeal is to be conducted electronically, the appellant shall attend the appeal at the specified date and time. (5) A hearing officer shall give the Director or the Director’s representative an opportunity to make submissions in the same manner in which the appeal is to be conducted. (6) No witnesses shall be called in an appeal. Determination of an appeal 12. (1) In deciding whether to confirm, vary or set aside a penalty order referred to in subsection 1 (2), a hearing officer shall determine whether it was reasonable for the person who imposed the order to impose the penalty order, and whether it is fair and appropriate to confirm, vary or set aside the penalty order. (2) In making the determinations in subsection (1), the hearing officer may consider the following information, if available: 1. Statements, including certified statements, made by the person who imposed the penalty order. 2. Documents, including certified documents, setting out the name and address of the person who is subject to the order, a description of the permit and the number plate of the motor vehicle. 3. Statements by the appellant made either in writing or in the manner in which the appeal is conducted. 4. Any other information, photographs, materials or submissions that the hearing officer considers to be credible or trustworthy in the circumstances. (3) A hearing officer does not have jurisdiction to consider questions relating to the validity of a statute, regulation or by-law or the constitutional applicability or operability of any statute, regulation or by-law. (4) The amount of the penalty shall not be increased by the hearing officer, other than where the appellant fails to attend the appeal, in which case the hearing officer may, (a) increase the penalty by, (i) in the case of an individual appellant, $60, or (ii) in the case of a corporation, not less than $60 and not more than $300; and (b) dismiss the appeal. (5) The decision of a hearing officer is final. Setting aside penalty order under certain circumstances 13. If, before a final decision is made in respect of an appeal, a hearing officer becomes aware that, contrary to subsection 45 (4) of the Act, the person who is subject to the penalty order is charged with an offence under the Act in respect of the same contravention, the hearing officer shall set aside the penalty order. No fee 14. No fee shall be charged to commence an appeal under subsection 45 (7) of the Act of a penalty order referred to in subsection 1 (2). Payments 15. (1) The person who is subject to a penalty order referred to in subsection 1 (2) shall pay the administrative penalty within 30 days after the date on which the order is deemed to have been served under subsection 9 (5), unless an appeal has been commenced under subsection 45 (7) of the Act. (2) A person who is subject to a penalty order may apply to the Director to pay the penalty amount according to a plan of periodic payments, and the person may also apply to the Director to extend or vary the plan. (3) A plan of periodic payments may be approved even after the 30-day period set out in subsection (1) has expired. (4) If an appeal of a penalty order does not result in the penalty order being set aside, the person who is subject to the order shall pay the administrative penalty within 30 days after the date of the decision by the hearing officer. (5) In addition to any other consequence provided for under the Act or a regulation made under the Act, if a person does not pay an administrative penalty by the time required under subsection (1) or (3), or in accordance with a plan of periodic payments described in subsection (2), the Director may refuse to issue or renew, or may suspend or cancel, the person’s tow operator certificate, tow driver certificate or vehicle storage certificate. (6) The payment of an administrative penalty or any part thereof is payable to the Minister of Finance. 16. Omitted (provides for coming into force of provisions of this Regulation).