OHTA.ca

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2002, chapter 18, Schedule P, section 2 by adding the following section:

Dishonoured payments

7.0.1 (1) The Minister may refuse to issue, renew, replace, reinstate, transfer or validate a permit, or the vehicle or plate portion of a permit, if any payment is dishonoured in respect of,

(a) a permit-related fee or drivers licence-related fee charged under this Act to the applicant for or holder of the permit or of the vehicle or plate portion of the permit;

(b) an administrative fee for handling a dishonoured payment for a fee described in clause (a); or

(c) any interest or penalty imposed in respect of a fee described in clause (a) or (b). 2002, c. 18, Sched. P, s. 2.

Cancellation of permit

(2) The Minister may cancel a permit, or the vehicle or plate portion of a permit, if any payment is dishonoured, or was dishonoured before this section comes into force, in respect of a fee, interest or penalty described in subsection (1). 2002, c. 18, Sched. P, s. 2.

Notice

(3) The Minister shall give the holder of the permit, or of the vehicle or plate portion of the permit, notice, in the prescribed manner, of the proposed cancellation under subsection (2) and, subject to subsection (4), the cancellation shall take effect on the 30th day after the day the notice was given. 2002, c. 18, Sched. P, s. 2.

Minister may require return of permit

(4) If required by the Minister, the holder of a permit or portion of a permit cancelled under this section shall return the permit or portion of the permit to the Minister. 2002, c. 18, Sched. P, s. 2.

Payment honoured

(5) If the amount of all the dishonoured payments described in subsection (1), and any related fees, interest and penalties, are paid to the Ministry before the 30th day after the day the notice was given, the cancellation shall not take effect. 2002, c. 18, Sched. P, s. 2.

Reinstatement

(6) Subject to any other requirements for reinstatement, the Minister shall reinstate the permit, or the vehicle or plate portion of the permit, when all the dishonoured payments described in subsection (1), and any related fees, interest and penalties, are paid in full. 2002, c. 18, Sched. P, s. 2.

Not entitled to drivers licence

(7) A person is not entitled to be issued a drivers licence or to have his or her drivers licence renewed or reinstated while his or her permit, or the vehicle or plate portion of his or her permit, is cancelled under this section. 2002, c. 18, Sched. P, s. 2.

Protection from personal liability

(8) No action or other proceeding shall be instituted against the Registrar or any other official or employee of the Ministry for any act done in good faith in the execution or intended execution of a duty under this section or for any alleged neglect or default in the execution in good faith of a duty under this section. 2002, c. 18, Sched. P, s. 2.

Crown not relieved of liability

(9) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (8) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (8) to which it would otherwise be subject. 2002, c. 18, Sched. P, s. 2.

Regulations

(10) The Lieutenant Governor in Council may make regulations prescribing methods of giving notice and rules respecting notice for the purpose of this section. 2002, c. 18, Sched. P, s. 2.

See: 2002, c. 18, Sched. P, ss. 2, 46 (1).