Appendix B:

Legislation and Regulation

Legislation

Highway Traffic Act
Legislation Regarding Commercial Vehicle Operator's Registration and Carrier Safety Ratings

Note: Not an official version

16. (1) Definitions

In this section and in sections 17 to 23, "commercial motor vehicle" does not include,

a commercial motor vehicle, other than a bus, having a gross weight or registered gross weight of not more than 4,500 kilograms (10,000 lb.), an ambulance, a fire apparatus, a hearse, a casket wagon, a mobile crane, a motor home, or a vehicle commonly known as a tow truck.
a commercial motor vehicle leased for no longer than thirty days by an individual for the transportation of goods kept for that individual's personal use or the gratuitous carriage of passengers,
a commercial motor vehicle operated under a permit and number plates issued under a regulation made under clause 7(24)(g) or (h) that is not transporting passengers or goods,
a commercial motor vehicle operated under the authority of an In-Transit permit, and
a bus that is used for personal purposes without compensation;

"CVOR certificate": means a Commercial Vehicle Operator's Registration Certificate issued under this Act;
"operator": means the person directly or indirectly responsible for the operation of a commercial motor vehicle including the conduct of the driver of and the carriage of goods or passengers, if any, in the vehicle or combination of vehicles;
"owner-driver authority": means an owner-driver authority used under the Truck Transportation Act.
"safety record": means the safety record of an operator determined in accordance with the regulations.
"single-source authority": means a single source authority issued under the Truck Transportation Act.

16. (2) CVOR certificate required

No person shall drive or operate a commercial motor vehicle on a highway unless the operator is the holder of a CVOR certificate that is not under suspension.

16. (3) Documents to be carried

Every driver of a commercial motor vehicle shall carry the original or a copy of,

the CVOR certificate issued to the operator of the vehicle;
the lease of the vehicle meeting the requirements of subsection (5) if it is a leased vehicle; or
the applicable contract or the notice thereof, as filed with the Ministry, meeting the requirements of subsection (5) if the vehicle is operated under an owner-driver authority or single-source authority,

and where the operator has been issued fleet limitation certificates, a fleet limitation certificate.

16. (4) Documents to be surrendered

Every driver of a commercial motor vehicle shall, upon the demand of a police officer, surrender for inspection the documents that are required under subsection (3) to be carried.

16. (5) Lease or contract

Every lease, contract or notice of contract carried under subsection (3) shall clearly identify the vehicle involved, the parties thereto and their addresses, the operator of the vehicle and the operator's CVOR certificate.

16. (6) Deemed operator

A commercial motor vehicle operated under the authority of an owner-driver authority or single-source authority shall be deemed to be operated by the person or partnership that contracted with the holder of the licence.

16. (7) Substitution for CVOR certificate

For a commercial motor vehicle, for which an Ontario permit is not in force and which bears number plates from and is registered in another province or state, the motor vehicle permit may be substituted for a CVOR certificate for the purposes of subsections (2) and (3) if the operator of the commercial motor vehicle is not the holder of a CVOR certificate.

17. (1) CVOR certificates issued by Registrar

The Registrar shall issue a CVOR certificate to every person who applies therefor in the prescribed form and meets the requirements of this Act and the regulations.

17. (2) Refusal to issue

The Registrar may refuse to issue a CVOR certificate to an applicant if the Registrar has reason to believe, having regard to the applicant's safety record and any other information that the Registrar considers relevant, that the applicant will not operate a commercial motor vehicle safely or in accordance with this Act, the regulations and other laws relating to highway safety.

17. (3) Same

The Registrar may refuse to issue a CVOR certificate to an applicant if the applicant is related to,

a person whose CVOR certificate has been cancelled, is or has been under suspension or is or has been subject to a fleet limitation;
a person whose CVOR certificate suspension, cancellation or fleet limitation is under appeal; or
a person who the Registrar has reason to believe, having regard to the person's safety record and any other information that the Registrar considers relevant, will not operate a commercial motor vehicle safely or in accordance with this Act, the regulations and other laws relating to highway safety.

17. (4) Interpretation

An applicant is related to a person for the purpose of subsection (3) if,

the applicant and the person are related individuals;
either the applicant or the person is a partner of the other or was a partner of the other or they have or have had partners in common;
either the applicant or the person, directly or indirectly, controls or controlled or manages or managed the other; or
the applicant and the person have or have had common officers or directors or they are or have been controlled, directly or indirectly, by the same shareholders.

17. (5) Conditions

The Registrar may issue a CVOR certificate subject to any terms and conditions set out in the regulations that the Registrar considers appropriate.

17. (6) One certificate only

No person, alone or in partnership, is entitled to hold more than one CVOR certificate.

17. (7) Not transferable

A CVOR certificate is not transferable.

17.1 (1) Safety Ratings

The Registrar shall assign a safety rating to every operator in accordance with the regulations.

17.1 (2) Notice of rating to operator

Where the Registrar proposes to assign a safety rating to an operator for the first time or to change an operator's safety rating, he or she shall notify the operator of the proposed rating by regular mail sent to the operator's latest address appearing on the records of the Ministry.

17.1 (3) Same

A notice under subsection (2) shall be deemed to have been received on the fifth day after it was mailed unless the person to whom notice is given establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive the notice.

17.1 (4) Operator may dispute first or changed rating

An operator may, within 30 days after being notified under subsection (2), submit to the Registrar documents, records and written submissions that may show cause why the Registrar should not assign the proposed safety rating to the operator.

17.1 (5) Registrar to confirm or change safety rating

Upon the expiration of the 30 - day period referred to in subsection (4) and consideration of any documents, records and submissions submitted under that subsection the Registrar shall assign to the operator the proposed safety rating or a different rating.

17.1 (6) Written hearing

Despite the Statutory Powers Procedure Act, the Registrar shall consider the matter under subsection (5) by means of a written hearing unless the Registrar agrees to an oral or electronic hearing.

17.1 (7) Parties, Privacy

The Registrar and the operator whose safety rating is under dispute are the only parties to the hearing and, unless they otherwise agree, the hearing shall be closed to the public.

17.1 (8) No appeal

The safety rating assigned by the Registrar is final and binding and there is no appeal therefrom.

17.1 (9) Available to the public

The Registrar shall make the safety ratings of operators available to the public in the manner that the Registrar considers appropriate.

17.1 (10) Protection from personal liability

No action or other proceeding for damages shall be instituted against the Registrar or any 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.

17.1 (11) Crown not relieved of liability

Despite subsections 5(2) and (4) of the Proceedings Against the Crown Act, subsection (10) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (10) to which it would otherwise be subject.

18. (1) Holder to report change of name or address

Every holder of a CVOR certificate shall notify the Registrar in writing within 15 days after any change in the holder's name or address or, where applicable, the persons constituting the officers, directors or partners of the holder, of the change made.

18. (2) Holder to report change in fleet size

Every holder of a CVOR certificate shall notify the Registrar of any change in the holder's commercial motor vehicle fleet size or in the total distance travelled by the commercial motor vehicle fleet in a specified period, in accordance with the regulations.

19. Person deemed to be operator

In the absence of evidence to the contrary, where there is no CVOR certificate, lease or contract applicable to a commercial motor vehicle, the holder of the plate portion of the permit for the vehicle shall be deemed to be the operator for the purposes of sections 18 and 20.

20. (1) Retaining lease or contract

Every person who gives up possession of a commercial motor vehicle under a lease or contract shall retain a copy of the lease or contract in the person's place of business for a period of one year after the termination of the lease or contract.

20. (2) Contravention of subsections 16(2) or 47(8)

A police officer who has reason to believe that a commercial motor vehicle is being operated in contravention of subsection 16(2) or 47(8) may,

detain the vehicle at any location that is reasonable in the circumstances, and
seize the permits and number plates for the vehicle,

until the vehicle can be moved without a contravention of the Act occurring.

20. (3) Permit suspended

Every permit seized under subsection (2) shall be deemed to be under suspension for the purposes of section 51 while it is in the custody of the officer seizing it.

20. (4) Lien

The costs incurred in detaining a vehicle under subsection (2) are a lien on the vehicle, which may be enforced in the manner provided under Part III of the Repair and Storage Liens, Act.

20. (5) Court application

The person entitled to possession of a vehicle that is detained or the permits or plates of which are seized under subsection (2) may apply to the Ontario Court (General Division) for an order that the vehicle be released or the permits and plates returned, as the case may be.

20. (6) Security

On an application being made under subsection (5), the Court may make the order applied for on condition that a security, for the payment of any fine imposed, in the amount that is determined by the Court but not exceeding $5,000 be deposited with the Court.

20. (7) Return of security

Every security deposited under subsection (6) shall be returned,

upon final acquittal under all charges arising in connection with the seizure or detention;
where a charge is not laid within six months, after the seizure or detention, on the expiration of the six-month period; or
upon a conviction arising in connection with the seizure or detention, after withholding the amount of the fine.

21. (1) Offence

Every person who contravenes subsection 16(3) or (4), section 18 or 20 or a regulation made under section 22 is guilty of an offence and on conviction is liable to a fine of not more than $500.

21. (2) Penalty

Every person who contravenes subsection 16(2) is guilty of an offence and on conviction is liable of a fine of not more than $2,000 or to imprisonment for a term of not more than six months, or to both.

21. (3) Same

Every person who contravenes or fails to comply with a term or condition of a CVOR certificate issued to the person is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than six months, or to both.

22. (1) Regulation

(Reg 576)

The Lieutenant Governor in Council may make regulations,

prescribing forms;
classifying persons and vehicles and exempting any class of person or vehicle from section 16 and prescribing conditions for any such exemption;
prescribing the requirements to obtain and to hold CVOR certificates and authorizing the Registrar to waive any requirements that are specified in the regulations under the circumstances prescribed therein;

d (1) prescribing terms and conditions that may attach to CVOR certificates, including the imposition of an expiry date on a certificate;
governing the suspension or cancellation of CVOR certificates under subsection 47(1) or the imposition of a limitation on the fleet size operated under a CVOR certificate under subsection 47(2);
respecting documents and information to be filed with or supplied to the Ministry prior to the issuance or renewal of CVOR certificates or as a condition of retention thereof by the holders of CVOR certificates;
defining "fleet size" for the purpose of subsection 18(2), and exempting any class or classes of CVOR certificate holders from all or part of the requirements of subsection 18(2);
prescribing the method for determining an operator's safety record;
prescribing the method for assigning safety ratings to operators;
providing for the reciprocal recognition of safety ratings, safety records and similar records of territories, other provinces and states of the United States of America.

22. (2) Fees

The Registrar may set fees, subject to the approval of the Minister, for the issuance, renewal and replacement of CVOR certificates.

23. (1) Insurance commercial motor vehicles

No operator or owner of a commercial motor vehicle shall operate the vehicle or cause or permit the vehicle to be operated on a highway unless, in addition to the minimum liability insurance required under the Compulsory Automobile Insurance Act, motor vehicle liability insurance in the amount prescribed by the regulations is carried for the vehicle with an insurer licensed under the Insurance Act.

23. (2) Insurance non-residents

If an operator or owner of a commercial motor vehicle is not a resident of Ontario, the insurance required by subsection (1) may be carried with an insurer who is authorized to transact the insurance in the state or province in which the owner or operator resides.

23. (3) Carry evidence of insurance

Every driver of a commercial motor vehicle shall carry evidence of a type prescribed by the regulations that the vehicle is insured as required by this section and shall surrender the evidence for reasonable inspection upon the demand of a police officer.

23. (4) Offence

An operator or owner who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $500 and not more than $2,500.

23. (5) Penalty

A driver who contravenes subsection (3) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $500.

23. (6) Regulations

The Lieutenant Governor in Council may make regulations,

prescribing the amount of motor vehicle liability insurance to be carried for a commercial motor vehicle;
prescribing documents that may be accepted as evidence that a commercial motor vehicle is insured as required by this section.

24. (1) Records to be kept

A person to whom a permit is issued for a prorated fee under a reciprocity agreement or arrangement with another jurisdiction shall maintain and preserve the records that are required by regulation during the period of validity of the permit and for the four years immediately following expiry thereof and shall submit the reports to the Ministry as are prescribed by the regulations within the prescribed times.

24. (2) Production of records

A person to whom subsection (1) applies shall produce for inspection, within a reasonable time under the prevailing circumstances, the records required under subsection (1) upon the demand of an officer appointed by the Minister to carry out the provisions of this Part.

24. (3) Examination of records

An officer appointed by the Minister for carrying out the provisions of this Part may, at any reasonable time, enter the business premises of a person referred to in subsection (1) and examine those books, records and documents of that person that relate to the person's business of operating commercial vehicles.

24. (4) Removal of documents

Any person making an investigation under this section may, upon giving a receipt therefor, remove, for the purpose of making copies, any records produced under subsection (2) or examined under subsection (3) and when he or she does remove any records, the copies shall be made with reasonable dispatch and the records promptly returned.

24. (5) Copies as evidence

Any copy made under subsection (4) and certified to be a true copy by the person making the copy is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original book, paper or document and its contents.

24. (6) Penalty

Every person who contravenes subsection (1) or (2) or obstructs or interfered with an officer in the performance of his or her duties under subsection (3) is guilty of an offence and on conviction is liable to a fine of not more than $200 or to imprisonment for a term of not more than six months, or to both.

24. (7) Regulations

The Lieutenant Governor in Council may make regulations,

prescribing the records to be kept by persons referred to in subsection (1);
governing reports to be made to the Ministry by persons referred to in subsection (1).

47. (1) Registrar may suspend, cancel licence, etc.

Subject to section 47.1, the Registrar may suspend or cancel,

the plate portion of a permit as defined in Part II;
a driver's licence; or
a CVOR certificate,

on the grounds of,
misconduct for which the holder is responsible, directly or indirectly, related to the operation or driving of a motor vehicle;
conviction of the holder for an offence referred to in subsection 210(1) or (2);
the Registrar having reason to believe, having regard to the safety record of the holder or of a person related to the holder, and any other information that the Registrar considers relevant, that the holder will not operate a commercial motor vehicle safely or in accordance with this Act, the regulations and other laws relating to highway safety; or
any other sufficient reason not referred to in clause (d), (e) or (f).

47. (2) Restriction

As an alternative to a suspension or cancellation under subsection (1), the Registrar may subject to section 47.1 restrict the number of commercial motor vehicles that may be operated by a holder of a CVOR certificate during the period that the Registrar stipulates.

47. (2.1) Interpretation

Subsection 17(4) applies, with necessary modifications for the purpose of determining who are related persons under clause (1)(f).

47. (3) New licence, etc. not to be issued

A person whose permit, licence or certificate is under suspension is not entitled to be issued a certificate, licence or plate portion of a permit, as the case may be.

47. (4) Fleet limitation certificates

Where a restriction is imposed under subsection (2), the Registrar shall issue to the holder of a CVOR certificate fleet limitation certificates in a number equal to the number of vehicles permitted to be operated.

47. (5) Offences

Every person whose permit for a motor vehicle is suspended or cancelled and who, while prohibited from having such a motor vehicle registered in their name, applies for or procures the issue of or has possession of the plate portion of a permit for a motor vehicle issued to them is guilty of an offence and on conviction is liable,

to a fine of not less than $60 and not more than $500 where the vehicle is not a commercial motor vehicle; or
to a fine of not less than $200 and not more than $2,000 where the vehicle is a commercial motor vehicle,

or to imprisonment for a term of not more than thirty days, or to both a fine and imprisonment.

47. (6) Apply for suspended licence

Every person whose licence is suspended or cancelled and who, while prohibited from driving a motor vehicle, applies for or procures the issue of or has possession of any portion of a licence other than a Photo Card portion issued to him or her is guilty of an offence and on conviction is liable to a fine of not less than $60 and not more than $500 and to imprisonment for a term of not more than thirty days.

47. (7) Apply for suspended CVOR

Every person whose CVOR certificate is suspended who applies for or procures the issue of a CVOR certificate to themself is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $2,000 or to imprisonment for a term of not more than thirty days, or to both.

47. (8) Suspended CVOR

Every person,

in respect of whom a restriction is imposed under subsection (2) who operates a commercial motor vehicle in which a valid fleet limitation certificate is not carried; or
who operates a commercial motor vehicle without a permit or certificate or when their permit or certificate is under suspension,

is guilty of an offence and on conviction is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.

47. (8.1) Power to seize number plates

If the plate portion of a permit is suspended or cancelled under clause (1)(a), the Registrar may order that the plate portion of the permit or the number plates issued in connection with the plate portion of the permit be seized and any police officer or officer appointed for carrying out this Act may seize the plate portion of the permit and the number plates and deliver them to the Ministry.

47. (9) Definition

For the purposes of this section, "commercial motor vehicle", "operator" and "safety record" have the same meaning as defined in subsection 16.1.

47. (10) Power to Seize out-of-province permits and plates

The Registrar may, at any time for misconduct or contravention of this Act, the Truck Transportation Act, the Public Vehicles Act or of any regulation thereunder by an owner or lessee of one or more motor vehicles or trailers for which permits have been issued by a jurisdiction or jurisdictions other than the Province of Ontario, order that the permit and number plates issued for the vehicle or vehicles be seized and any police officer or any officer appointed for carrying out this Act or the enforcement of the Public Vehicles Act or the Truck Transportation Act may seize the permit and number plates and deliver them to the Ministry which shall return them to the authority that issued them.

47.1 (1) Notice of proposed action

Before taking any action under clause 47(1)(a) or (c) or subsection 47(2), the Registrar shall notify the person whose plate portion of a permit or CVOR certificate is to be affected of his or her proposed action.

47.1 (2) Method of giving notice

Notice under subsection (i) is sufficiently given,

if it is delivered personally;
if it is delivered by registered mail addressed to the person at the latest address for the person appearing on the Ministry records; or
if it is sent by telephone transmission of a facsimile or by some other electronic or other transmission medium permitted by the regulations to the person at the latest facsimile number or other medium address for the person provided by the person to the Ministry.

47.1 (3) Notice deemed to be received

Unless the person establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive the notice,

notice given by registered mail shall be deemed to have been received on the fifth day after it was mailed;
notice given by telephone transmission of a facsimile or by some other electronic or other transmission medium shall be deemed to have been received on the first business day after it was sent.

47.1 (4) CVOR certificate holder may not transfer vehicle

A CVOR certificate holder shall not transfer any commercial motor vehicle for which a permit has been issued in Ontario in the holder's name without the consent of the Registrar from the time the holder receives a notification under subsection (1) that the Registrar proposes to suspend or cancel their plate portion of the permit or CVOR certificate or to limit the number of commercial motor vehicles that may be operated under their CVOR certificate until the suspension, cancellation or fleet limitation takes effect, is withdrawn or is finally confirmed, modified or set aside on appeal.

47.1 (5) Operator may not transfer vehicles

An operator shall not transfer any commercial motor vehicle for which a permit has been issued in Ontario in the operator's name without the consent of the Registrar from the time the operator receives a notification under subsection (1) that the Registrar proposes to suspend or cancel the plate portion of the permit until the suspension or cancellation takes effect, is withdrawn or is finally confirmed, modified or set aside on appeal.

47.1 (6) Registrar not to withhold consent without reason

The Registrar shall not withhold consent under subsection (4) or (5) if the certificate holder or operator satisfies him or her that the transfer is not being made for the purpose of avoiding the proposed suspension, cancellation or restriction.

47.1 (7) Regulations

The Lieutenant Governor in Council may, for the purpose of subsection (3), make regulations.

prescribing other methods of transmission;
governing the giving of notice by telephone transmission of a facsimile or by a method prescribed by clause (a).

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Regulation

O.REG. 424/97 AS AMENDED BY O.REG. 197/99
Made under the Highway Traffic Act

Note: Not an official version

Amendment to the Highway Traffic Act, proclaimed May 31^st, 1999

COMMERCIAL MOTOR VEHICLE OPERATORS' INFORMATION

PART 1
CVOR Certificates

1. (1) Definitions

In this Regulation "commercial motor vehicle", "CV0R certificate" and "operator" have the same meanings as in subsection 16(1) of the Act.

"audit" means an inspection of the records pertaining to the transportation enterprise of an operator and an assessment of the operator's safety performance and practices;

"auditor" means,

an officer appointed for the purpose of carrying out the provisions of the Act,
a person engaged as an auditor by an organization recognized by the Registrar, or
a person recognized as an auditor by another jurisdiction who, in the Registrar's opinion, performs audits similar to those performed in Ontario in an acceptable form and manner;

1. (2) Definitions

In this Regulation and for the purpose of subsection 18(2) of the Act,

"fleet size" means the total number of commercial motor vehicles operated in Ontario in a specified period by a holder of a CVOR certificate, reduced by the percentage of the total distance travelled by those commercial motor vehicles in that period that was outside Ontario.

2. Application

An application for a CVOR certificate shall be in a form provided by the Minister.

3. Expiry Date

The Registrar may issue a CV0R certificate subject to an expiry date.

4. Fees

The following fees shall be paid to the Ministry for:

An uncertified copy of an operator's CVOR record $5.00
A certified copy of an operator's CVOR record $10.00

5. (1) Safety Record

The safety record of an operator shall contain a record of the following information:

Any suspension or cancellation of the plate portion of the permit under clause 47(1)(a) of the Act.
Any suspension or cancellation of the operator's CVOR certificate under clause 47(1)(c) of the Act.
Any restriction imposed under subsection 47(2) of the Act on the number of commercial motor vehicles that may be operated by the operator.
Any order under subsections 47(8.1) or (10) of the Act for the seizure of the plate portion of permits, permits or number plates.
Any notice sent to the operator under section 47.1 of the Act.
Any warning letters sent by, or interviews held with, Ministry officials relating to the operator's safety performance and practices.
Any conviction related to the operation of a commercial motor vehicle or a vehicle drawn by it, for an offence committed by an operator, its agents or employees,
1. under this Act or under any other Act of the Legislature or the Parliament of Canada or any regulation or order made under any of them, or
2. for an offence under a municipal by-law regulating traffic on the highways, or orders made under any of them, except convictions for offences for standing or parking.
The particulars of any accident involving a commercial motor vehicle operated by the operator or a vehicle drawn by it.
The results of any inspection under section 82 or 82.1 of the Act or any similar inspection of a commercial motor vehicle operated by the operator, or a vehicle drawn by it.
The results of any investigation or inspection of the records of the operator,
1. under the Act, the Compulsory Automobile Insurance Act, the Dangerous Goods Transportation Act, the Public Vehicles Act, the Truck Transportation Act, the Fuel Tax Act, the Trades Qualifications and Apprenticeship Act, the Motor Vehicle Transport Act (Canada), or
2. under any other Act of the Legislature or the Parliament of Canada or any regulation or order made under any of them if, in the Registrar's opinion, the results of the investigation or inspection contain information described in paragraphs 14, 15 or 16, or relate to the safe operation of its commercial motor vehicle or vehicles drawn by them.
Any safety rating that has been assigned to the operator.
The results of any audits of the operator.
Any record from another jurisdiction in respect of the operator that is comparable to that described in any of paragraphs 1 to 12.
The operator's fleet size.
The total number of kilometres travelled in the previous 12 months by all the commercial motor vehicles operated by the operator in Ontario.
The total number of kilometres travelled in Ontario in the previous 12 months by all the commercial motor vehicles operated by the operator.
Any compilations or analyses of any of the information in paragraphs 1 to 16.

5. (2) Same

The following do not form part of a safety record:

A record that is not in the possession of the Registrar.
A record originating outside or Ontario that, in the Registrar's opinion, is unreasonably difficult to refer to (because of its form or medium of storage, or for any other reason).
A record described in paragraphs 1 to 7 of subsection (1) if, in the Registrar's opinion, the record does not relate to the safe operation of the operator's commercial motor vehicles, or vehicles drawn by them.

6. (1) Notify Registrar of changes in fleet size

Every holder of a CVOR certificate shall notify the Registrar of the holder's fleet size for the previous 12 months,

within 15 days of the day the holder's fleet size is 20% greater or less than it was when the fleet size was last reported to the Registrar;
with 15 days of receiving a request from the Registrar for the information.

6. (2) Fleet size determination

The holder of a CVOR certificate shall, upon request, give the Registrar documentation to support the holder's fleet size determination.

7. (1) Number of kilometres travelled

Every holder of a CVOR certificate shall, within 15 days of receiving a request from the Registrar, notify the Registrar of the total number of kilometres travelled by all the commercial motor vehicles operated by the holder in Ontario in the previous 12 months.

7. (2) Number of kilometres travelled in Ontario

Every holder of a CVOR certificate shall, within 15 days of receiving a request from the Registrar, notify the Registrar of the total number of kilometres travelled in Ontario by all the commercial motor vehicles operated by the holder in the previous 12 months.

7. (3) Proof of the number of kilometres travelled

The holder of a CVOR certificate shall, upon request, give the Registrar documentation to support the holder's determination of the number of kilometres travelled under subsection (1) or (2).

PART 2
Safety Ratings

8. Assignment of Ratings

This part applies to the assignment of safety ratings under section 17.1 of the Act.

9. Date of Audit

In this Part, the date on which an audit is completed is the most recent date on which an auditor has completed the audit report or an amendment to it.

10. Rating Categories

The Registrar shall assign to an operator one of the following safety ratings, as determined in this Part:
1. Excellent
2. Satisfactory
3. Satisfactory Unaudited
4. Conditional
5. Unsatisfactory
A safety rating set out in a paragraph of subsection (1) is a higher rating than a rating set out in a later paragraph.

11. Excellent Safety Ratings

The Registrar may assign an Excellent rating to an operator where, in the Registrar's opinion, the operator's safety record shows that the operator's performance and practices are excellent with respect to the safe operation of its commercial motor vehicles and vehicles drawn by them.
The Registrar shall not assign an Excellent rating to an operator unless,
1. the operator's safety record contains the results of an audit completed after January 1, 1999 and within the preceding 36 months;
2. the operator,
  1. has held a CVOR certificate for at least 24 months, or
  2. has satisfied the Registrar that it has been operating in Ontario for at least 24 months and has obtained a CVOR certificate, if no CVOR certificate was required; and
3. the operator has had a satisfactory rating for at least six months, if the operator's rating has been reduced from excellent to satisfactory.

12. Satisfactory Safety Ratings

The Registrar may assign a Satisfactory rating to an operator where, in the Registrar's opinion, the operator's safety record shows that the operator's performance and practices are satisfactory with respect to the safe operation of its commercial motor vehicles and vehicles drawn by them.
The Registrar shall not assign a Satisfactory rating to an operator rated Conditional or Satisfactory Unaudited unless,
1. the operator's safety record contains the result of an audit completed after January 1, 1999 and within the preceding 36 months; and
2. the operator,
  1. has held a CVOR certificate for at least six months, or
has satisfied the Registrar that it has been operating in Ontario for at least six months and has obtained a CVOR certificate, if no CVOR certificate was required.

13. Satisfactory-Unaudited Safety Ratings

The Registrar may assign a Satisfactory Unaudited rating to an operator if the operator has not been audited and, in the Registrar's opinion, the operator's safety record shows that the operator's performance and practices are satisfactory with respect to the safe operation of its commercial motor vehicles and vehicles drawn by them.
For the purpose of subsection (1), an operator shall be deemed not to have been audited if,
1. the operator has a conditional rating;
2. the most recent audit in the operator's safety record was completed more than 36 months ago; and
3. the results of that audit are satisfactory in the Registrar's opinion.

14. Conditional Safety Ratings

The Registrar may assign a Conditional rating to an operator where, in the Registrar's opinion, the operator's safety record shows that the operator's performance and practices are less than satisfactory with respect to the safe operation of its commercial motor vehicles and vehicles drawn by them.
The Registrar shall assign a Conditional rating to an operator when nothing described in paragraphs 1, 2 or 3 of subsection 15(1) which resulted in an Unsatisfactory rating under subsection 15(1), is any longer in effect.
The Registrar shall not assign to an operator a higher rating sooner than six months after the Registrar assigns to the operator a Conditional rating.

15. Unsatisfactory Safety Ratings

The Registrar shall assign an Unsatisfactory rating to an operator on the first day when any of the following comes into effect, for reasons which, in the Registrar's opinion, relate to the safe operation of the operator's commercial motor vehicles or vehicles drawn by them:
1. The plate portion of the operator's permit is suspended or cancelled under clause 47(1)(a) of the Act,
2. The operator's CVOR certificate is suspended or cancelled under clause 47(1)(c) of the Act.
3. The time period specified in an order under subsection 47(10) of the Act during which an operator's permit or number plate may be seized, is in effect.
The Registrar shall not assign to an operator a rating higher than Unsatisfactory while anything described in paragraphs 1, 2 or 3 of subsection (1) is in effect.

16. Operator's Safety Record

In assigning a safety rating, the Registrar shall have regard to the operator's safety record.
In assigning a safety rating, the Registrar,
1. may have regard to the safety record of a person related to the operator;
2. need not consider audit results from an audit completed less than six months after the date on which a previous audit was completed; and
3. need not consider audit results where he or she is of the view that the records audited do not adequately reflect the operator's safety performance and practices in Ontario.
Subsection 17(4) of the Act applies, with necessary modifications, for the purpose of determining who are related persons under clause (2)(a)