Regulation - LGIC

Amending regulation under the Highway 407 Act, 1998, ‘Ontario Regulation 138/00’

Regulation Number(s):
Ontario Regulation 138/00
Ontario Regulation 290/11
Instrument Type:
Regulation - LGIC
Bill or Act:
Highway 407 Act, 1998
Summary of Decision:
The amended Ontario Regulation 138/00 made under the Highway 407 Act, 1998, was filed on June 22, 2011.

The regulatory amendment allows 407 ETR to send electronically, where there is customer consent, a Section 16 notice (Notice of "Failure to Pay") without the requirement for regular mail.

Also, the amendment allows subsequent Section 22(3) notices (Notice of "Plate Denial") to be sent by regular mail or, where there is customer consent, electronically.

This regulation amendment also adds a definition for a "courier", and that all notices sent by "courier" are "deemed received" five days after the notice is provided to the courier. Notices sent electronically are deemed received on the next business day after being sent.

The amendment permits notices under Section 9(2)(c) of the Regulation to be sent either electronically or by courier.

These changes will result in a more effective administrative process for the customer.

The amendment also exempts 407 ETR from the requirement in section 6 of the regulation to do an address check where electronic notifications are used.
Further Information:
Proposal Number:
10-MTO008
Posting Date:
March 10, 2011
Summary of Proposal:
The regulatory amendment would allow 407 ETR to send electronically, where there is customer consent, a Section 16 notice (Notice of ‘Failure to Pay’) without the requirement for regular mail.

Also, the amendment would allow subsequent Section 22(3) notices (Notice of ‘Plate Denial’) to be sent by regular mail or, where there is customer consent, electronically. Currently, this notice is sent by bonded courier or registered mail.

This regulation amendment would also add a definition for a ‘courier’ and would clarify that all notices sent by ‘courier’ would be ‘deemed received’ five days after the notice was provided to the courier. Notices sent electronically would be deemed received on the next business day after being sent.

The amendment would also permit notices under Section 9(2)(c) of the Regulation to be sent either electronically or by courier.

These changes will result in a more effective administrative process for the customer.

The amendment would also exempt 407 ETR from the requirement in section 6 of the regulation to do an address check where electronic notifications are used.
Contact Address:
Regulation Amendment, Strategic Highways Management Office
Ministry of Transportation
Building D, 7th Floor
1201 Wilson Avenue
Downsview ON M3M 1J8
Effective Date:
June 24, 2011
Decision:
Approved