Information
Amendment to the Licence Appeal Tribunal Act, 1999
Regulation Number(s):
N/A
Instrument Type:
Information
Bill or Act:
Licence Appeal Tribunal Act, Towing and Storage Safety and Enforcement Act
Summary of Decision:
An amendment to the Licence Appeal Tribunal Act, 1999 (LAT Act), to add the Towing and Storage Safety and Enforcement Act, 2021 (TSSEA) to subsection 11 (1), was approved as part of the Fewer Fees, Better Services Act, 2022, which received Royal Assent on March 03, 2022.
The Licence Appeal Tribunal (LAT) will hear appeals under TSSEA of decisions made by the Director of Towing and Vehicle Storage Standards to revoke, suspend or refuse to renew a tow truck operator or vehicle storage operator certificate for non-compliance. The LAT Act amendment will permit certificate holders to appeal the decisions of LAT to the Divisional Court.
The amendment will come into force on the day subsection 9 (1) of TSSEA is proclaimed into force.
The Licence Appeal Tribunal (LAT) will hear appeals under TSSEA of decisions made by the Director of Towing and Vehicle Storage Standards to revoke, suspend or refuse to renew a tow truck operator or vehicle storage operator certificate for non-compliance. The LAT Act amendment will permit certificate holders to appeal the decisions of LAT to the Divisional Court.
The amendment will come into force on the day subsection 9 (1) of TSSEA is proclaimed into force.
Analysis of Regulatory Impact:
MTO and MAG expect no new direct compliance costs for regulated entities or government. The addition of the TSSEA under the list of licensing statues represents a minor legislative change to the LAT Act.
There are no financial, environmental or health and safety issues associated with amendments to the LAT Act.
A future regulation under the TSSEA would allow tow operators, tow truck drivers, and vehicle storage operators to appeal decisions about certification to the existing Licence Appeal Tribunal. Using an existing tribunal that handles similar matters is an efficient use of government resources. In addition, some tow operators may be familiar with the Licence Appeal Tribunal and its processes as they are also subject to Commercial Vehicle Operator's Registration where these processes also apply.
There are no financial, environmental or health and safety issues associated with amendments to the LAT Act.
A future regulation under the TSSEA would allow tow operators, tow truck drivers, and vehicle storage operators to appeal decisions about certification to the existing Licence Appeal Tribunal. Using an existing tribunal that handles similar matters is an efficient use of government resources. In addition, some tow operators may be familiar with the Licence Appeal Tribunal and its processes as they are also subject to Commercial Vehicle Operator's Registration where these processes also apply.
Further Information:
https://www.ontario.ca/laws/statute/99l12
Proposal Number:
22-MTO010
Posting Date:
February 22, 2022
Summary of Proposal:
Tow operators provide an essential service on Ontario's roads. Each day, vehicles are towed for breakdowns, illegal parking, or motor vehicle collisions.
On June 29, 2020, in response to growing violence in the towing industry, the province announced the establishment of a task force to develop a comprehensive provincial regulatory regime for Ontario's towing industry.
Based on the towing task force's analysis and through extensive stakeholder consultations, the Towing and Storage Safety and Enforcement Act (TSSEA) received Royal Assent on June 3, 2021.
When the TSSEA is proclaimed into force, it will require tow operators, tow truck drivers, and vehicle storage operators to have a certificate to operate. The TSSEA also will create a Director of Towing and Vehicle Storage Standards role to oversee the Act. The Director of Towing and Vehicle Storage Standards under the TSSEA will be authorized to revoke, suspend, or cancel a certificate for non-compliance.
A regulation under the TSSEA would allow tow operators, tow truck drivers, and vehicle storage operators to appeal decisions about certification to the existing Licence Appeal Tribunal (LAT). The proposed amendment to the LAT Act would provide for the ability to further appeal Licence Appeal Tribunal decisions to the Divisional Court.
The LAT would provide an established avenue for objective appeals in the processing of certificates, and allow tow and storage services providers who disagree with certification decisions made through the TSSEA to use an established appeal process to dispute certificate decisions they believe are unfair/inappropriate.
MAG and MTO together identified the LAT as an appropriate venue for TSSEA certificate appeals. However, this appeal route requires an amendment to subsection 11(1) of the LAT Act to add the TSSEA so parties have the ability to appeal decisions of the LAT to the Divisional Court.
We are looking for your input on the proposed amendment before the TSSEA comes into effect.
If approved, the proposed amendment would only come into force once the TSSEA and the regulation providing for hearings by LAT are in effect.
On June 29, 2020, in response to growing violence in the towing industry, the province announced the establishment of a task force to develop a comprehensive provincial regulatory regime for Ontario's towing industry.
Based on the towing task force's analysis and through extensive stakeholder consultations, the Towing and Storage Safety and Enforcement Act (TSSEA) received Royal Assent on June 3, 2021.
When the TSSEA is proclaimed into force, it will require tow operators, tow truck drivers, and vehicle storage operators to have a certificate to operate. The TSSEA also will create a Director of Towing and Vehicle Storage Standards role to oversee the Act. The Director of Towing and Vehicle Storage Standards under the TSSEA will be authorized to revoke, suspend, or cancel a certificate for non-compliance.
A regulation under the TSSEA would allow tow operators, tow truck drivers, and vehicle storage operators to appeal decisions about certification to the existing Licence Appeal Tribunal (LAT). The proposed amendment to the LAT Act would provide for the ability to further appeal Licence Appeal Tribunal decisions to the Divisional Court.
The LAT would provide an established avenue for objective appeals in the processing of certificates, and allow tow and storage services providers who disagree with certification decisions made through the TSSEA to use an established appeal process to dispute certificate decisions they believe are unfair/inappropriate.
MAG and MTO together identified the LAT as an appropriate venue for TSSEA certificate appeals. However, this appeal route requires an amendment to subsection 11(1) of the LAT Act to add the TSSEA so parties have the ability to appeal decisions of the LAT to the Divisional Court.
We are looking for your input on the proposed amendment before the TSSEA comes into effect.
If approved, the proposed amendment would only come into force once the TSSEA and the regulation providing for hearings by LAT are in effect.
Contact Address:
towing@ontario.ca
777 Bay Street, 30th Floor
Toronto ON
M7A 2J8
777 Bay Street, 30th Floor
Toronto ON
M7A 2J8
Effective Date:
January 1, 2024
Decision:
Approved