Regulation - LGIC

Ministry of Transportation (MTO) Modernizing Ontario's Vehicle Inspection Program and Integrating Safety and Emissions Testing for Commercial Vehicles

Regulation Number(s):
TBD
Instrument Type:
Regulation - LGIC
Bill or Act:
Highway Traffic Act
Summary of Proposal:
MTO is proposing to implement changes to the HTA to support a new Vehicle Inspection Program. Details for how program changes will impact vehicle owners and stations currently performing emissions and/or safety inspections can be found in the attachment. To achieve the ministry's objectives of a modern, digitized program that is streamlined and efficient for users, the ministry will:
•Proclaim provisions from the Transportation Statute Law Amendment Act (Making Ontario's Roads Safer), 2015:
oReplacing the current MVIS program with the new Vehicle Inspection Program;
oPermit the new inspection program to be delivered through a contract between an inspection centre and the ministry; and
oProclaim provisions that limit vehicle brand change requests to the ministry.
•Create a Vehicle Inspection regulation that will:
oIntroduce a new emissions inspection fee and interim certificate that can only be issued by a Vehicle Inspection Centre.
oRequire all inspections to be completed by qualified Ontario College of Trades technicians and permit refusal/revocation of technicians. Currently certified emission technicians may continue to perform emission tests.
oPermit MVIS participants to operate under current requirements (Regulation 611/601):
Issuing Periodic Mandatory Commercial Vehicle Inspection (PMCVI) certificates until Aug 1, 2023.
Issuing Safety Standards and Structural Inspection Certificates until Dec 31, 2023.
oFully phase out the MVIS program as of Dec 31, 2023, by not renewing MVIS licenses after that date. Stations will continue to be required to maintain records for a 1-year period.
•Amend HTA Regulation 628 to require that Commercial Motor Vehicles (CMV) pass a PMCVI before the vehicle permit is issued or renewed for both used and new vehicles.
•Proclaim provisions from the Better for People, Smarter for Business Act, 2019:
oThe amendments repeal sections dealing with motor vehicle emissions from the EPA and add sections addressing emissions to the HTA.
oProvide for the regulation of on-road vehicle emissions standards under the HTA and prohibit tampering or the sale of tampering devices.
•Create a regulation setting out detailed rules on vehicle emissions that reflect requirements currently addressed in the EPA, including:
oProhibiting vehicle operation when:
The On-Board Diagnostic system indicates a malfunction for CMV's with a vehicle weight of 6350kg or less;
There is visible smoke for 5 seconds within a 1-minute time frame; and,
There are missing or damaged emission systems or components.
oRequiring assembled vehicles to have the required emission systems/devices to prevent/lessen discharge or emission of pollutants.
oEstablishing smoke opacity thresholds:
20% for all CMV's 2008 - 2010
30% for all CMV's 1991 - 2007
40% for CMV's 1990 and older (if vehicle not a school bus)
30% for school buses (1990 and older)
•Introduce new requirements in the HTA emission regulation, specifically:
oEnhancing emission requirements by introducing a smoke opacity standard of 10% for all CMV's 2011 and newer subject to inspection.
oThe new regulation supports section 75.1 of the HTA setting out specific emissions rules applicable to driver, operators, and owners of vehicles. It provides definitions to support the anti-tampering provision of the legislation and prohibits drivers/owners from operating a vehicle that has been tampered with.
•Make consequential amendments to regulations identified in attached
Analysis of Regulatory Impact:
Program changes focus on the benefits of streamlined, digital services that will address fraud and bring a level playing field for business. Business will also benefit by reduced administrative burdens associated with eliminating requirements to: pre-purchase inspection certificate stock; submit paper-based annual renewals; pay annual renewal fees and provide paper-based forms as notification of station technician information.

Participating stations will continue to be required to pay the ministry for issued inspection certificates. Certificate fees have not been determined at this time but are expected to be higher than current fees to address the costs associated with the enhanced program delivery and fraud reduction (expected to be more aligned to current emissions testing fees). Government stations will be required to purchase required inspection certificates, creating a level playing field across all sectors.

Stations will also be required to obtain the required program equipment.
• Stations performing light-duty/passenger vehicle inspections will require an equipment package consisting of a tablet and connector cables with an estimated cost of approximately $1500.
• Stations performing diesel commercial vehicle annual/semi-annual inspections will require an equipment package that includes a wireless sticker (inspection decal) printer with an estimated cost of approximately $2000.
• Any station opting to complete mobile inspections will require the same equipment as a stationary garage, as well as an equipment package consisting of a video camera, tripod, and light with an estimated cost of approximately $300.
• Stations who do not currently have the required emission reading device may purchase one at an estimated cost of approximately $3000 to begin performing integrated inspections. These stations continue to have the option to utilize a third-party emission service to complete this portion of the inspection.

The current regulatory requirements of the emissions inspection program found in the EPA will be addressed in directives issued under the HTA. Additions for the new inspection will reflect the modernization of emissions control systems on modern vehicles, as well as related inspection technology. Minimal to no additional cost-related impacts are anticipated for well maintained vehicles in the regulated community (owners/operators of heavy diesel commercial vehicles/buses) that are in compliance with the current emission regulation.
Further Information:
Proposal Number:
21-MTO076
Posting Date:
September 8, 2021
Comments Due Date:
October 25, 2021
Contact Address:
301 St. Paul Street, 3rd Floor
St. Catharines, ON
L2R 7R4
Comment on this proposal via email