Bill 85, Photo Card Act, 2008

Bradley, Hon James J. Minister of Transportation

Current Status: Royal Assent received Chapter Number: S.O. 2008 C.17

Viewing: Royal Assent (current version) pdf

Bill 85                                                                                                                                                  2008

An Act to permit the issuance of photo cards to residents of Ontario and to make complementary amendments to the Highway Traffic Act

Note: This Act amends the Highway Traffic Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

 

CONTENTS

Interpretation

1.

2.

Definitions

Information on or embedded in a photo card

Issuance and Use of Photo Cards

3.

4.

5.

6.

7.

8.

9.

10.

11.

Issuance of photo cards to non-drivers

Issuance of combined photo card to drivers

Photograph requirement

Photo card, distinguishing physical feature

Photo-comparison technology

Fees

Voluntary use of photo card

Cancellation of photo card

Return of photo card

Collection and Disclosure of Information

12.

Collection and disclosure of information

Offences

13.

14.

15.

Offences re possession and use of photo card

Offence re false statement, inaccurate information

Other offences

Administrative Matters

16.

17.

18.

19.

20.

21.

22.

23.

Powers and duties of Ministry

Delegation of powers

Forms

Power to do things electronically

Records

Evidence

Protection from liability

Regulations

Amendments to this Act

24.-27.

 

Amendments to the Highway Traffic Act

28.-48.

 

Commencement and Short Title

49.

50.

Commencement

Short title

______________

 

 

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Interpretation

Definitions

   1.  In this Act,

“basic photo card” means a card issued under this Act that has on it the holder’s name and photograph and additional information about the holder that may be prescribed; (“carte-photo générale”)

“combined photo card” means a card issued under this Act that constitutes an enhanced photo card and driver’s licence; (“carte-photo combinée”)

“driver’s licence” has the same meaning as in the Highway Traffic Act; (“permis de conduire”)

“enhanced photo card” means a card issued under this Act that has on it the holder’s name and photograph and additional information about the holder that may be prescribed, that bears a mark, symbol or other notation that indicates that the holder is a Canadian citizen and that has security and other features that may allow it to be used for travel; (“carte-photo Plus”)

“Minister” means the Minister of Transportation or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

“phasing-in period” means the prescribed period; (“période d’introduction progressive”)

“photo card” means a basic photo card, enhanced photo card or combined photo card; (“carte-photo”)

“prescribed” means prescribed by regulations made under this Act; (“prescrit”)

“regulation” means a regulation made under this Act; (“règlement”)

“valid driver’s licence” means a driver’s licence that is not suspended, cancelled or expired. (“permis de conduire valide”)

Information on or embedded in a photo card

   2.  A reference in this Act or a regulation to a photograph or information on a photo card includes a photograph or information embedded in a photo card.

Issuance and Use of Photo Cards

Issuance of photo cards to non-drivers

Basic photo cards

   3.  (1)  After the phasing-in period, the Minister may issue a basic photo card to an individual who,

  (a)  submits an application for the photo card in accordance with the regulations;

  (b)  is a resident of Ontario;

   (c)  does not hold a valid driver’s licence; and

  (d)  meets any other requirements that may be prescribed.

Enhanced photo cards

   (2)  After the phasing-in period, the Minister may issue an enhanced photo card to an individual who,

  (a)  submits an application for the photo card in accordance with the regulations;

  (b)  is a resident of Ontario;

   (c)  does not hold a valid driver’s licence;

  (d)  satisfies the Minister that he or she is a Canadian citizen; and

  (e)  meets any other requirements that may be prescribed.

Issuance of combined photo card to drivers

   4.  (1)  During and after the phasing-in period, the Minister may issue a combined photo card to an individual who,

  (a)  submits an application for the photo card in accordance with the regulations;

  (b)  is a resident of Ontario;

   (c)  holds a valid driver’s licence;

  (d)  satisfies the Minister that he or she is a Canadian citizen; and

  (e)  meets any other requirements that may be prescribed.

Surrender of driver’s licence

   (2)  A combined photo card shall not be issued to an applicant until he or she surrenders his or her driver’s licence.

Combined photo card is also driver’s licence

   (3)  A combined photo card issued under subsection (1) is also the holder’s driver’s licence for all purposes and the holder shall be issued one combined photo card that constitutes his or her enhanced photo card and driver’s licence.

Combined photo card ceases to be valid if driver’s licence ceases to be valid

   (4)  If a combined photo card holder’s driver’s licence ceases to be valid for any reason, the combined photo card issued to him or her also ceases to be valid and is cancelled.

Same, combined photo card does not regain validity

   (5)  A combined photo card does not become valid again upon reinstatement of the holder’s driver’s licence; the driver’s licence holder must apply for a new photo card if he or she wishes to be issued one.

Photograph requirement

   5.  The Minister may require an applicant for the issuance or renewal of a photo card to submit to being photographed by equipment provided by the Ministry.

Photo card, distinguishing physical feature

   6.  The Minister shall ensure that each photo card contains a distinguishing physical feature such that an individual, particularly a visually impaired individual, can readily locate the card and distinguish it from other cards that the individual may be carrying.

Photo-comparison technology

   7.  (1)  The Minister may use photo-comparison technology to compare the photographs taken of any applicants for or holders of a photo card or driver’s licence.

Not admissible

   (2)  The photo-comparison technology used by the Minister, the methodology used to compare photographs and the measurements and results used for comparison are not admissible in evidence for any purpose and cannot be required for production in a civil proceeding before a court or tribunal.

Definition

   (3)  In this section,

“photo-comparison technology” means a software application that measures the characteristics of a person’s face in a photograph and compares the results of that measurement with those of other photographs.

Fees

   8.  The Minister,

  (a)  may require that applicants for and holders of photo cards pay a fee to the Minister or to a person who provides any service for the Minister for anything done or provided by or on behalf of the Minister under this Act; and

  (b)  mayrequire different fees for different classes of applicants and holders, for basic photo cards, enhanced photo cards and combined photo cards and for different circumstances. 

Voluntary use of photo card

   9.  (1)  The holder of a photo card may, in his or her discretion, present it in any transaction or circumstance, including any transaction or circumstance where the holder wishes to identify himself or herself.

No requirement to have or use photo card

   (2)  However, a photo card is issued solely for the convenience of the holder of the photo card and there is no requirement under this or any other Act that an individual obtain or carry a photo card or that a photo card be presented or accepted. 

Exception, combined photo card

   (3)  Despite subsections (1) and (2), a provision of the Highway Traffic Act or any other Act imposing a duty on the holders of drivers’ licences, including a requirement to carry, present, surrender or return a driver’s licence, applies to the holder of a combined photo card as if the combined photo card were a driver’s licence.

Cancellation of photo card

   10.  (1)  The Minister may cancel a photo card if,

  (a)  the Minister is satisfied that the photo card was used in the commission of an offence under section 13 or 15;

  (b)  the Minister is satisfied that the holder of the photo card committed an offence under section 13, 14 or 15;

   (c)  the Minister is satisfied that any information provided by the holder of a photo card under this Act is false;

  (d)  the Minister is satisfied that any information appearing on the photo card is incorrect; or

  (e)  the payment of a fee in respect of the photo card is dishonoured.

Same

   (2)  The Minister may also cancel a photo card if the Minister is of the opinion that it is necessary to do so to ensure that the photo card is not used improperly, and in any circumstance that may be prescribed.

Return of photo card

   11.  (1)  The Minister may require the return of a photo card that was cancelled under subsection 4 (4) or section 10 from the holder of the photo card or other person in possession of the photo card. 

Same

   (2)  A person who is required by the Minister to return a photo card shall return the photo card as specified by the Minister.

Collection and Disclosure of Information

Collection and disclosure of information

Collection by Minister

   12.  (1)  The Minister may request and collect information from any public body or related government, as he or she considers appropriate, if the Minister considers it necessary for a purpose set out in subsection (5).

Disclosure by Minister

   (2)  The Minister may disclose information to any public body or related government, as he or she considers appropriate, if the Minister considers it necessary for a purpose set out in subsection (5).

Disclosure to Minister

   (3)  Upon receipt of a request for information from the Minister under subsection (1), a public body shall disclose to the Minister any information from their records that may assist the Minister with a purpose set out in subsection (5).

Exception

   (4)  The Minister may not disclose under subsection (2) the measurements used for comparison of photographs as described in section 7.

Purposes for collection and disclosure of information

   (5)  The only purposes for which information may be collected or disclosed under this section are the following:

    1.  To verify the accuracy of any information provided under this Act by an applicant for or holder of a photo card.   

    2.  To verify the authenticity of any document provided under this Act by an applicant for or holder of a photo card.

    3.  To detect a false statement in any document provided under this Act by any person.

    4.  To detect or prevent the improper use of a photo card.

    5.  To detect or prevent the improper issuance or renewal of a photo card, including by conducting an audit or review of any issuance, renewal or cancellation of a photo card or the conduct of any person or entity involved in issuing, renewing or cancelling a photo card.

    6.  To provide the Canada Border Services Agency or the Department of Citizenship and Immigration, or the successor to either of them, with information and records regarding the issuance, renewal or cancellation of an enhanced photo card or a combined photo card.

    7.  To provide a public body or related government with the information that the Minister believes is necessary to assist it with a purpose similar to a purpose set out in paragraph 1, 2, 3 or 4 if the holder of a photo card has presented his or her photo card in order to obtain a benefit or service under a legislatively authorized program or service administered or provided by that public body or related government.

Deemed compliance with privacy legislation

   (6)  Any disclosure of information under this section is deemed to be in compliance with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Actand clause 32 (e) of the Municipal Freedom of Information and Protection of Privacy Act.

Notice under privacy legislation

   (7)  Any collection by a public body of personal information, as defined in the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act, disclosed to the public body under this section is exempt from the application of subsection 39 (2) of the Freedom of Information and Protection of Privacy Act and subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act.

Otherwise authorized collection or disclosure

   (8)  The authority to collect and disclose information under this section is in addition to any other authority under this or any other Act for the Ministry to collect and disclose information. 

Definitions

   (9)  In this section,

“public body” means,

  (a)  any ministry, agency, board, commission, official or other body of the Government of Ontario,

  (b)  any municipality in Ontario, 

   (c)  a local board, as defined in the Municipal Affairs Act, and any authority, board, commission, corporation, office or organization of persons some or all of whose members, directors or officers are appointed or chosen by or under the authority of the council of a municipality in Ontario, or

  (d)  a prescribed person or entity; (“organisme public”)

“related government” means,

  (a)  the Government of Canada and the Crown in right of Canada, and any ministry, agency, board, commission or official of either of them, or

  (b)  the government of any other province or territory of Canada and the Crown in right of any other province of Canada, and any ministry, agency, board, commission or official of any of them. (“gouvernement lié”)

Offences

Offences re possession and use of photo card

   13.  (1)  No person shall,

  (a)  have in his or her possession a fictitious, imitation, altered or fraudulently obtained photo card;

  (b)  lend his or her photo card to another person to be used contrary to clause (c) or permit such use of the photo card by another person;

   (c)  represent as his or her own a photo card not issued to him or her; or

  (d)  apply for, secure or retain in his or her possession more than one photo card.

Same, while holding a driver’s licence

   (2)  No person who holds a valid driver’s licence shall apply for, secure or retain in his or her possession a photo card other than a combined photo card.

Seizure of photo card

   (3)  Where a police officer has reason to believe that a person has a photo card in his or her possession or is using a photo card in contravention of clause (1) (a), (b), (c) or (d) or subsection (2), the police officer may take possession of the photo card and, where the officer does so, he or she shall forward the photo card to the Minister upon disposition of the case.

Penalty

   (4)  Every person who contravenes clause (1) (a), (b), (c) or (d) or subsection (2) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $20,000.

Offence re false statement, inaccurate information

   14.  (1)  Every person who submits a false or inaccurate document, makes a false statement or includes inaccurate information in or with a written or electronic application, declaration, affidavit or other document required by the Ministry or under this Act is guilty of an offence and on conviction, in addition to any other penalty or punishment to which the person may be liable, is liable to a fine of not less than $400 and not more than $20,000 or to imprisonment for a term of not more than six months, or to both. 

Defence

   (2)  A person is not guilty of an offence under subsection (1) if the person exercised all reasonable care to avoid submitting a false or inaccurate document or making a false statement or including inaccurate information. 

Limitation

   (3)  No proceeding for an offence under this section shall be instituted more than six years after the facts on which the proceeding is based are alleged to have occurred.

Other offences

   15.  Every person who contravenes or fails to comply with subsection 11 (2) or a regulation is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $20,000.

Administrative Matters

Powers and duties of Ministry

   16.  Where by this Act powers are conferred or duties are imposed upon the Ministry, the powers may be exercised by the Minister and the duties discharged by the Minister. 

Delegation of powers

   17.  (1)  The Minister may authorize the deputy minister of the Ministry, one or more employees in the Ministry or in any other ministry or any other person or persons to exercise any or all of the powers and duties of the Minister under this Act, and where a power or duty is delegated to more than one person, any one of them may exercise that power or duty.

Delegate may retain portion of fee

   (2)  Despite section 2 of the Financial Administration Act, any person who issues or renews photo cards or provides any service for the Minister or his or her delegate relating to photo cards pursuant to an agreement with the Minister or delegate, as the case may be, may retain, from the fee paid, the amount that is approved by the Minister from time to time. 

Forms

   18.  The Minister may require that forms approved by the Minister be used for any purpose under this Act.

Power to do things electronically

   19.  (1)  Anything that the Minister or Registrar of Motor Vehicles is required or authorized to do or to provide under this Act may be done or provided by electronic means or in an electronic format.

Same

   (2)  Anything that any person is required or authorized to do or to provide to the Minister or the Ministry under this Act may be done or provided by electronic means or in an electronic format, in the circumstances and in the manner specified by the Ministry. 

Records

   20.  (1)  The Minister shall keep a record of every photo card that is issued, renewed or cancelled, and of every application made for a photo card, and shall keep a record of the particulars of each issuance, renewal, cancellation and application.

Same

   (2)  The Minister may keep any other records that he or she considers necessary for the administration of this Act.

Evidence

Certified copy, document admissible

   21.  (1)  A copy of any document filed in the Ministry under this Act, or any statement containing information from the records required or authorized to be kept under this Act, that purports to be certified by the Registrar of Motor Vehicles under the seal of the Ministry as being a true copy of the original shall be received in evidence in all courts without proof of the seal, the Registrar of Motor Vehicles’ signature or the manner of preparing the copy or statement, and is proof, in the absence of evidence to the contrary, of the facts contained in the copy or statement.

Registrar’s signature

   (2)  The Registrar of Motor Vehicles’ signature on a copy or statement described in subsection (1) may be an original signature or an engraved, lithographed, printed or otherwise mechanically or electronically reproduced signature or facsimile signature.

Ministry seal

   (3)  The seal of the Ministry on a copy or statement described in subsection (1) may be affixed by impression or may be an engraved, lithographed, printed or otherwise mechanically or electronically reproduced seal or facsimile of a seal.

Signature and seal only required on first page

   (4)  The Registrar of Motor Vehicles’ signature on a copy or statement described in subsection (1) need only be on the first page of the copy or statement.

Same

   (5)  The seal of the Ministry on a copy or statement described in subsection (1) need only be on the first page of the copy or statement if the following pages are sequentially numbered, by hand or otherwise; if the pages following the first page are not sequentially numbered, the seal must be on each page.

Electronic filing in court

   (6)  A copy or statement described in subsection (1) may be filed in a court by direct electronic transmission in accordance with the regulations.

Definition

   (7)  In this section,

“document” includes a photograph. 

Protection from liability

   22.  (1)  No action or other proceeding for damages shall be instituted against the Minister, the Registrar of Motor Vehicles, a public servant, a delegate or agent of the Minister or any other person authorized or required to do anything under this Act for anything done in good faith in the performance or intended performance of a duty under this Act or in the exercise or intended exercise of a power under this Act or any neglect or default in the performance or exercise in good faith of such duty or power.

Same

   (2)  No action or other proceeding for damages shall be instituted against the Crown in right of Ontario, the Minister, the Registrar of Motor Vehicles, a public servant, a delegate or agent of the Minister or any other person authorized or required to do anything under this Act arising from,

  (a)  the use by any person of a photo card;

  (b)  the use by any person of any photograph or information on a photo card; or

   (c)  the use by any person of any photograph or information in a record provided by the Ministry under this Act.

Crown liability

   (3)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject.

Regulations

   23.  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing the phasing-in period;

  (b)  prescribing additional information about the holder that may be included on a basic photo card, enhanced photo card or combined photo card;

   (c)  defining “resident of Ontario”;

  (d)  prescribing other requirements for the issuance of a photo card, including prescribing a minimum age for an individual to be issued a photo card and requiring notice to and consent from an applicant’s parents or guardian if the applicant for a photo card is under 16 years old;

  (e)  governing the application and reapplication for and renewal of photo cards;

    (f)  prescribing circumstances in which a photo card shall not be issued or renewed;

  (g)  governing the term of validity of photo cards;

   (h)  requiring a holder of a photo card to notify the Ministry of a change in his or her name or address or other specified information, and prescribing the time and manner of such notification;

    (i)  prescribing circumstances under which the Minister may cancel a photo card under subsection 10 (2) and prescribing and governing procedures for cancelling a photo card;

    (j)  governing the return of photo cards under subsection 11 (2);

   (k)  prescribing a person or entity, or any class of person or entity, as a public body for the purposes of section 12;

    (l)  requiring and governing the submission of reports and information and documents to the Ministry by holders of photo cards;

(m)  respecting the filing of copies and statements in court by direct electronic transmission and the manner in which the signature of the Registrar of Motor Vehicles and the seal of the Ministry may be represented when such a copy or statement is printed for the purpose of subsection 21 (6);

   (n)  providing that any provision or requirement of this Act or of a regulation does not apply to a specified class of photo cards, or photo cards held by a specified class of persons or in specified circumstances, and prescribing conditions and circumstances for such non-applications;

  (o)  exempting any person or class of persons from any provision or requirement of this Act or of a regulation, and prescribing conditions and circumstances for such exemptions.

Amendments to this Act

   24.  The definition of “phasing-in period” in section 1 of this Act is repealed.

   25.  (1)  Subsection 3 (1) of this Act is amended by striking out “After the phasing-in period” at the beginning.

   (2)  Subsection 3 (2) of this Act is amended by striking out “After the phasing-in period” at the beginning.

   26.  Subsection 4 (1) of this Act is amended by striking out “During and after the phasing-in period” at the beginning.

   27.  Clause 23 (a) of this Act is repealed.

Amendments to the Highway Traffic Act

   28.  Section 1 of the Highway Traffic Act is amended by adding the following subsection:

Definition of resident of Ontario

   (9)  The Lieutenant Governor in Council may make regulations prescribing who is a resident of Ontario for any purpose of this Act.

   29.  Part I of the Act is amended by adding the following section:

Forms

   4.0.1  The Minister may require that forms approved by the Minister be used for any purpose under this Act.

   30.  Part I of the Act is amended by adding the following sections:

Cancellation of permit, licence where false information is provided

   5.2  (1)  If the Minister is satisfied that any information provided by the holder of a vehicle permit or driver’s licence to the Ministry or the Ministry’s delegate is false, the Minister may, without prior notice to the holder, do either or both of the following:

    1.  Cancel the vehicle permit or driver’s licence.

    2.  Correct and amend the Ministry’s records.

Benefits obtained under false information nullified

   (2)  The holder of a vehicle permit or driver’s licence cancelled under subsection (1) is subject to the requirements of this Act without the benefit of anything done under this Act in reliance on the false information.

Cancellation of permit, licence where information on permit, licence is incorrect

   5.3  (1)  The Minister may cancel a vehicle permit or driver’s licence if the Minister is satisfied that any information appearing on the vehicle permit or driver’s licence is incorrect.

Notice to holder

   (2)  Before taking any action under subsection (1), the Minister shall mail notice of his or her intention to cancel the vehicle permit or driver’s licence to the holder of the permit or licence at the last known address of the holder on the records of the Ministry, stating that the holder has 60 days from the date of the notice to provide the Minister with the correct information.

Holder to provide correct information

   (3)  The Minister shall not take the proposed action under subsection (1) if the holder of the vehicle permit or driver’s licence provides the Minister with revised information in the form and manner required by the Minister within 60 days after the date of the notice under subsection (2) and the Minister is satisfied that the revised information is correct.  

Holder fails to provide correct information

   (4)  If the holder fails to provide the correct information as required under subsection (3), the Minister may take the action proposed under subsection (1), but not earlier than 60 days after the date of the notice, and the Minister shall mail notice of the action taken to the holder at the last known address of the holder on the records of the Ministry.

Protection from personal liability

   5.4  (1)  No action or other proceeding for damages shall be instituted against the Minister, the Registrar of Motor Vehicles, a public servant, a delegate or agent of the Minister for anything done in good faith in the execution or intended execution of a power or duty under section 5.2 or 5.3.  

Crown not relieved of liability

   (2)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject. 

   31.  Section 7.17 of the Act is repealed.

   32.  (1)  Subsection 9 (1) of the Act is repealed and the following substituted:

Penalty for false statement, inaccurate information

   (1)  Every person who submits a false or inaccurate document, makes a false statement or includes inaccurate information in or with a written or electronic application, declaration, affidavit or other document required by the Ministry or under this Act is guilty of an offence and on conviction, in addition to any other penalty or punishment to which the person may be liable, is liable to a fine of not less than $400 and not more than $5,000 or to imprisonment for a term of not more than 30 days, or to both, and in addition the person’s driver’s licence or vehicle permit may be suspended for a period of not more than six months. 

   (2)  Section 9 of the Act is amended by adding the following subsection:

Limitation

   (6)  No proceeding for an offence under subsection (1) shall be instituted more than six years after the facts on which the proceeding is based are alleged to have occurred.

   33.  Part IV of the Act is amended by adding the following section:

Combined photo card in lieu of driver’s licence card

   32.1  (1)  The driver’s licence card issued under this Act may be replaced with a combined photo card issued under the Photo Card Act, 2008, but the provisions of this or any other Act imposing a duty on the holders of drivers’ licences, including a requirement to carry, present or surrender a driver’s licence, apply to the combined photo card and the holder of a combined photo card as if the combined photo card were a driver’s licence.

Combined photo card is also driver’s licence

   (2)  A combined photo card issued under the Photo Card Act, 2008 is also the holder’s driver’s licence for all purposes and the one combined photo card constitutes his or her enhanced photo card under that Act and his or her driver’s licence.

Driver’s licence remains valid if photo card ceases to be valid

   (3)  If a combined photo card holder’s photo card ceases to be valid under the Photo Card Act, 2008 for any reason, the holder’s driver’s licence remains valid unless this Act requires otherwise, and the holder may be issued a replacement driver’s licence card.

   34.  Part IV of the Act is amended by adding the following section:

Photo-comparison technology

   32.2  (1)  The Minister may use photo-comparison technology to compare the photographs taken of any applicants for or holders of a driver’s licence or photo card.

Not admissible

   (2)  The photo-comparison technology used by the Minister, the methodology used to compare photographs and the measurements and results used for comparison are not admissible in evidence for any purpose and cannot be required for production in a civil proceeding before a court or tribunal.

Definitions

   (3)  In this section,

“photo card” has the same meaning as in the Photo Card Act, 2008; (“carte-photo”)

“photo-comparison technology” means a software application that measures the characteristics of a person’s face in a photograph and compares the results of that measurement with those of other photographs. (“technologie de comparaison de photos”)

   35.  (1)  If, on the day subsection 4 (1) of this Act comes into force, section 4 of the Road Safety Act, 1996 is not in force, clause 35 (1) (b) of the Act is repealed and the following substituted:

  (b)  display or cause or permit to be displayed or have in his or her possession a cancelled or suspended driver’s licence, other than a licence card that has been marked by the Ministry as valid only to show the driver’s photograph;

   (2)  On the first day that section 4 of the Road Safety Act, 1996 and subsection 4 (1) of this Act are both in force, clause 35 (1) (b) of the Act is repealed and the following substituted:

  (b)  display or cause or permit to be displayed or have in his or her possession a cancelled or suspended driver’s licence or a driver’s licence that has been changed in respect of its class, other than a licence card that has been marked by the Ministry as valid only to show the driver’s photograph;

   (3)  Subsection 35 (1) of the Act is amended by striking out “or” at the end of clause (e) and by adding the following clause:

(e.1) secure or retain in his or her possession a driver’s licence if he or she holds a photo card issued under the Photo Card Act, 2008; or

   (4)  If, on the day subsection 4 (1) of this Act comes into force, section 4 of the Road Safety Act, 1996 is not in force, clause 35 (1) (f) of the Act is repealed and the following substituted:

    (f)  fail to surrender to the Ministry upon its demand a driver’s licence that has been suspended or cancelled.

   (5)  On the first day that section 4 of the Road Safety Act, 1996 and subsection 4 (1) of this Act are both in force, clause 35 (1) (f) of the Act is repealed and the following substituted:

    (f)  fail to surrender to the Ministry upon its demand a driver’s licence that has been suspended, cancelled or changed in respect of its class.

   (6)  Subsection 35 (3) of the Act is amended by striking out “or portion thereof” in both instances where it appears.

   (7)  Section 35 of the Act is amended by adding the following subsection:

Application for driver’s licence by photo card holder

   (4.0.1)  A person who holds a basic photo card or enhanced photo card issued under the Photo Card Act, 2008 may apply for a driver’s licence if he or she surrenders the photo card at the time of the application.

   36.  Subsection 47 (6) of the Act is repealed and the following substituted:

Same

   (6)  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 issued to him or her, other than a licence card that has been marked by the Ministry as valid only to show the driver’s photograph, 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 30 days. 

   37.  (1)  Subsection 48 (10) of the Act is repealed and the following substituted:

Duty of officer

   (10)  Every officer who asks for the surrender of a licence under this section shall keep a written record of the licence received with the name and address of the person and the date and time of the suspension and, at the time of receiving the licence, provide the licensee with a written statement of the time from which the suspension takes effect, the length of the period during which the licence is suspended and the place where the licence may be recovered. 

   (2)  If section 10 of the Safer Roads for a Safer Ontario Act, 2007 comes into force on the same day or before subsection 4 (1) of this Act comes into force, subsection (1) is of no effect.

   38.  Subsection 48.1 (10) of the Act is repealed and the following substituted:

Duty of officer

   (10)  Every officer who asks for the surrender of a licence under this section shall keep a written record of the licence received with the name and address of the person and the date and time of the suspension and, at the time of receiving the licence, shall provide the licensee with a written statement of the time from which the suspension takes effect, the length of the period during which the licence is suspended and the place where the licence may be recovered. 

   39.  (1)  Subsection 48.3 (6) of the Act is repealed and the following substituted:

Same

   (6)  If notice of the suspension is given to the person by mail, the person shall forthwith surrender his or her driver’s licence.

   (2)  Subsection 48.3 (8) of the Act is repealed.

   (3)  Clause 48.3 (9) (a) of the Act is repealed and the following substituted:

  (a)  the person’s driver’s licence, if the licence was surrendered to the police officer; and

   40.  Subsection 55.1 (29) of the Act is repealed.

   41.  Subsection 82 (14) of the Act is repealed.

   42.  Subsection 82.1 (38) of the Act is repealed.

   43.  Subsection 172 (19) of the Act is repealed.

   44.  Subsection 199.1 (26) of the Act is repealed.

   45.  Part XIV of the Act is amended by adding the following section:

Collection and disclosure of information

Collection by Minister

   205.0.1  (1)  The Minister may request and collect information from any public body or related government, as he or she considers appropriate, if the Minister considers it necessary for a purpose set out in subsection (5).

Disclosure by Minister

   (2)  The Minister may disclose information to any public body or related government, as he or she considers appropriate, if the Minister considers it necessary for a purpose set out in subsection (5).

Disclosure to Minister

   (3)  Upon receipt of a request for information from the Minister under subsection (1), a public body shall disclose to the Minister any information from their records that may assist the Minister with a purpose set out in subsection (5). 

Exception

   (4)  The Minister may not disclose under subsection (2) the measurements used for comparison of photographs as described in section 32.2.

Purposes for collection and disclosure of information

   (5)  The only purposes for which information may be collected or disclosed under this section are the following:

    1.  To verify the accuracy of any information provided under this Act by an applicant for or holder of a driver’s licence or vehicle permit.   

    2.  To verify the authenticity of any document provided under this Act by an applicant for or holder of a driver’s licence or vehicle permit.

    3.  To detect a false statement in any document provided under this Act by any person.

    4.  To detect or prevent the improper use of a driver’s licence or vehicle permit.

    5.  To detect or prevent the improper issuance or renewal of a driver’s licence or vehicle permit, including by conducting an audit or review of any issuance, renewal or cancellation of a driver’s licence or vehicle permit or the conduct of any person or entity involved in issuing, renewing or cancelling a driver’s licence or vehicle permit.

    6.  To provide a public body or related government with the information that the Minister believes is necessary to assist it with a purpose similar to a purpose set out in paragraph 1, 2, 3 or 4 if the holder of a driver’s licence or vehicle permit has presented his or her driver’s licence or vehicle permit in order to obtain a benefit or service under a legislatively authorized program or service administered or provided by that public body or related government.

Deemed compliance with privacy legislation

   (6)  Any disclosure of information under this section is deemed to be in compliance with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Actand clause 32 (e) of the Municipal Freedom of Information and Protection of Privacy Act.

Notice under privacy legislation

   (7)  Any collection by a public body of personal information, as defined in the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act, disclosed to the public body under this section is exempt from the application of subsection 39 (2) of the Freedom of Information and Protection of Privacy Act and subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act.

Otherwise authorized collection or disclosure

   (8)  The authority to collect and disclose information under this section is in addition to any other authority under this or any other Act for the Ministry to collect and disclose information. 

Regulations

   (9)  The Lieutenant Governor in Council may make regulations prescribing a person or entity, or any class of them, as a public body for the purposes of this section.

Definitions

   (10)  In this section,

“public body” means,

  (a)  any ministry, agency, board, commission, official or other body of the Government of Ontario,

  (b)  any municipality in Ontario, 

   (c)  a local board, as defined in the Municipal Affairs Act, and any authority, board, commission, corporation, office or organization of persons some or all of whose members, directors or officers are appointed or chosen by or under the authority of the council of a municipality in Ontario, or

  (d)  a prescribed person or entity; (“organisme public”)

“related government” means,

  (a)  the Government of Canada and the Crown in right of Canada, and any ministry, agency, board, commission or official of either of them, or

  (b)  the government of any other province or territory of Canada and the Crown in right of any other province of Canada, and any ministry, agency, board, commission or official of any of them. (“gouvernement lié”)

   46.  Subsections 210 (7) to (13) of the Act are repealed and the following substituted:

Evidence

   (7)  A copy of any document filed in the Ministry under this Act, or any statement containing information from the records required to be kept under this Act, that purports to be certified by the Registrar under the seal of the Ministry as being a true copy of the original shall be received in evidence in all courts without proof of the seal, the Registrar’s signature or the manner of preparing the copy or statement, and is proof, in the absence of evidence to the contrary, of the facts contained in the copy or statement. 

Signature of Registrar

   (8)  The Registrar’s signature on a copy or statement described in subsection (7) may be an original signature or an engraved, lithographed, printed or otherwise mechanically or electronically reproduced signature or facsimile signature.

Seal of the Ministry

   (9)  The seal of the Ministry on a copy or statement described in subsection (7) may be affixed by impression or may be an engraved, lithographed, printed or otherwise mechanically or electronically reproduced seal or facsimile of a seal.

Signature and seal only required on first page

   (10)  The Registrar’s signature on a copy or statement described in subsection (7) need only be on the first page of the copy or statement.

Same

   (11)  The seal of the Ministry on a copy or statement described in subsection (7) need only be on the first page of the copy or statement if the following pages are sequentially numbered, by hand or otherwise; if the pages following the first page are not sequentially numbered, the seal must be on each page.

Electronic filing in court

   (12)  A copy or statement described in subsection (7) may be filed in a court by direct electronic transmission in accordance with the regulations.

Regulations

   (13)  The Lieutenant Governor in Council may make regulations respecting,

  (a)  the filing of copies and statements in court by direct electronic transmission; and

  (b)  the manner in which the signature of the Registrar and the seal of the Ministry may be represented when such a copy or statement is printed.

   47.  Subsection 211 (4) of the Act is repealed.

   48.  Subsection 212 (3) of the Act is repealed.

Commencement and Short Title

Commencement

   49.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   50.  The short title of this Act is the Photo Card Act, 2008.

 

 

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 85 and does not form part of the law.  Bill 85 has been enacted as Chapter 17 of the Statutes of Ontario, 2008.

The new Photo Card Act, 2008 authorizes the issuance of photo cards to individuals by the Minister of Transportation.

There are three kinds of photo cards: basic, enhanced and combined.  A basic photo card contains the holder’s name and photograph and other prescribed information about the holder.  An enhanced photo card contains the holder’s name and photograph, a notation to indicate that the holder is a Canadian citizen and other prescribed information about the holder; it also has security and other features that may allow it to be used for travel.  A combined photo card is one card that constitutes the holder’s enhanced photo card and driver’s licence.

A basic photo card may be issued to any individual who is a resident of Ontario and does not hold a valid driver’s licence.  An enhanced photo card may be issued to any individual who is an Ontario resident and a Canadian citizen and does not hold a valid driver’s licence.  A combined photo card may be issued to any individual who is an Ontario resident and a Canadian citizen and does hold a valid driver’s licence.  The Minister of Transportation must ensure that photo cards contain a physical feature that makes them readily distinguishable, particularly by a person who is visually impaired, from other cards.  Other requirements for each kind of photo card may be prescribed by regulation.

There is no obligation under this or any other Act for an individual to have aphoto card.  A photo card is for the convenience of the holder only, and may be used by the holder in any situation where he or she wants to identify himself or herself.  The holder of a combined photo card, however, is subject to the same duties as a holder of a driver’s licence to carry, present, surrender or return a driver’s licence as if the combined photo card were a driver’s licence.

The issuance of the different kinds of photo cards is to be phased in, with combined photo cards being available first and basic photo cards and enhanced photo cards being available later.

Offences under the Photo Card Act, 2008 related to the improper acquisition or use of a photo card (including the offence of applying for, securing or retaining more than one photo card or applying for, securing or retaining a photo card, other than a combined photo card, if the person holds a valid driver’s licence) carry a penalty of a fine of $100 to $20,000. For the offence of submitting a false or inaccurate document, making a false statement or providing inaccurate information, the penalty is a fine of $400 to $20,000 or imprisonment for a maximum of six months, or both.

The Minister of Transportation may cancel a photo card if it was obtained or used improperly, if it contains incorrect information or if a payment of a fee for the card is dishonoured.  The Minister may also cancel the card if he or she is of the opinion that it is necessary to do so to ensure that it is not used improperly and in circumstances prescribed by the regulations.

The Minister is permitted to use photo-comparison technology to compare the photographs of applicants for and holders of photo cards and drivers’ licences.

The collection and disclosure of information is authorized to verify the accuracy of information and the authenticity of any document provided by an applicant or holder of a photo card, to detect false statements in any document provided under the Act and to detect or prevent any impropriety in the issuance, renewal or use of a photo card.  It is also authorized in order to assist a public body or related government where an individual presents his or her photo card to obtain a benefit or service and to provide the Canada Border Services Agency or the Department of Citizenship and Immigration with information about an enhanced photo card or a combined photo card.  However, the authority for the Minister to disclose information to a public body or related government does not allow disclosure of the measurements used for comparison of photographs that are obtained from the use of photo-comparison technology.

The Bill also makes amendments to the Highway Traffic Act consequential to the enactment of the Photo Card Act, 2008.  New section 32.1 of the Act recognizes the issuance of combined photo cards under the Photo Card Act, 2008 and provides that the holders of such cards have the same duty to carry, present, surrender or return their combined photo cards as if they were drivers’ licences.  It provides for the issuance of a replacement driver’s licence card if the enhanced photo card aspect of a holder’s combined photo card becomes invalid for any reason.  New section 32.2 of the Act authorizes the Minister to use photo-comparison technology to compare the photographs of applicants for and holders of drivers’ licences and photo cards.  New subsection 35 (4.0.1) of the Act states that a person who holds a basic photo card or enhanced photo card may apply for a driver’s licence if he or she first returns the photo card.  References in the current Highway Traffic Act to the Photo Card portion of a driver’s licence are deleted to avoid confusion with the new photo cards. 

Administrative provisions that are in the Photo Card Act, 2008 are added to the Highway Traffic Act. These additions are: new subsection 1 (9) authorizing a regulation to prescribe who is a resident of Ontario for the purposes of the Act; new section 4.0.1 authorizing the Minister to approve the use of forms (with the consequential repeal of now redundant similar provisions scattered throughout the Act); new section 205.0.1 authorizing the collection and disclosure of information.  New sections 5.2 and 5.3 authorize the Minister to cancel a driver’s licence or vehicle permit if it was issued based on false information or if any information on it is incorrect.  Sections 9 and 210 of the Act are amended to parallel the wording used in similar provisions in the Photo Card Act, 2008.

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