OHTA.ca

False statement, change of name or address, obliterated vehicle no., etc.

Penalty for false statement, inaccurate information

9. (1) Every person who makes a false statement or includes inaccurate information in a written or electronic application, declaration, affidavit or other document required by this Act, the regulations or the Ministry 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 $5,000 or to imprisonment for a term of not more than 30 days, or to both, and in addition the persons drivers licence or vehicle permit may be suspended for a period of not more than six months. 2005, c. 26, Sched. A, s. 2.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed by the Statutes of Ontario, 2008, chapter 17, subsection 32 (1) and the following substituted:
Penalty for false statement, inaccurate information

(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 $5,000 or to imprisonment for a term of not more than 30 days, or to both, and in addition the persons drivers licence or vehicle permit may be suspended for a period of not more than six months. 2008, c. 17, s. 32 (1).

See: 2008, c. 17, ss. 32 (1), 49.

Defence

(1.1) A person is not guilty of an offence under subsection (1) if the person exercised all reasonable care to avoid making a false statement or including inaccurate information. 2005, c. 26, Sched. A, s. 2.

Change of name or address

(2) Where an owner of a motor vehicle or a plate holder changes the name or address of the owner as set out in the owners application for a permit or validation of a permit or in a previous notice filed under this subsection, the owner shall within six days file with the Ministry notice of the new name or address. R.S.O. 1990, c. H.8, s. 9 (2).

Idem

(3) Where the name or address of a lessee is on a permit and the lessee changes the name or address of the lessee from the name or address shown on the permit or from that filed under this subsection, the lessee shall within six days file with the Ministry notice of the new name or address. R.S.O. 1990, c. H.8, s. 9 (3).

Filing

(4) A notice may be filed under subsection (2) or (3) by forwarding it to the Ministry by registered mail. R.S.O. 1990, c. H.8, s. 9 (4).

Where vehicle identification number obliterated

(5) No permit shall be issued for a motor vehicle or a trailer that has a gross weight exceeding 1,360 kilograms where the manufacturers vehicle identification number or similar identifying mark has been obliterated or defaced until the owner has filed with the Ministry satisfactory proof of the ownership of the vehicle or trailer, and, if known, the reason for the obliteration or defacement, and, if satisfied as to the statements made, the Minister may grant permission to cut, impress, emboss or attach permanently to the vehicle or trailer a special identification number or mark, which thereafter shall be deemed sufficient for the purpose of the issuance, validation or transfer of a permit for the vehicle or trailer. R.S.O. 1990, c. H.8, s. 9 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 9 is amended by the Statutes of Ontario, 2008, chapter 17, subsection 32 (2) by adding the following subsection:

Limitation

(6) No proceeding for an offence under subsection (1) 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. 32 (2).

See: 2008, c. 17, ss. 32 (2), 49.