Photo Card Act, 2008

Interpretation

1 In this Act, “driver’s licence” has the same meaning as in the Highway Traffic Act; (“permis de conduire”) “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”) “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”) “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”) 2008, c. 17, ss. 1, 24; 2019, c. 8, Sched. 4, s. 1. Sec…

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. 2008, c. 17, s. 2.

Issuance and Use of Photo Cards Issuance of photo cards to non-drivers

3 (1) The Minister may issue a 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. 2008, c. 17, ss. 3 (1), 25 (1); 2019, c. 8, Sched. 4, s. 2 (1). (2) Repealed: 2019, c. 8, Sched. 4, s. 2 (2). Section Amendments with date in force (d/m/y) 2008, c. 17, s. 25 (1, 2) - 06/03/2009 2019, c. 8, Sched. 4, s. 2 (1, 2) - 06/06/2019

4 The Minister may require, as a condition for considering an application for the issuance or renewal of, or any change to, a photo card, that the applicant, in addition to fulfilling any other requirement imposed under this or any other Act, provide evidence satisfactory to the Minister that, (a) the person is a resident of Ontario; and (b) the person’s presence in Canada is in accordance with the laws governing a person’s legal presence in Canada. 2025, c. 14, Sched. 9, s. 1. Section Amendments with date in force (d/m/y) 2008, c. 17, s. 26 - 06/03/2009 2019, c. 8, Sched. 4, s. 3 - 06/06/2019 2025, c. 14, Sched. 9, s. 1 - 27/11/2025

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. 2008, c. 17, s. 5.

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. 2008, c. 17, s. 6.

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. 2008, c. 17, s. 7 (1). 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. 2008, c. 17, s. 7 (2). 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. 2008, c. 17, s. 7 (3).

8 The Minister, Note: On a day to be named by proclamation of the Lieutenant Governor, section 8 of the Act is amended by striking out “The Minister” in the portion before clause (a) and substituting “Subject to subsection (2), the Minister”. (See: 2024, c. 9, Sched. 4, s. 1 (1)) (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) may require different fees for different circumstances and different classes of applicants and holders of photo cards. 2008, c. 17, s. 8; 2019, c. 8, Sched. 4, s. 4. Note: On a day to be named by proclamation of the Lieutenant Governor, section 8 of the Act is amended by adding the following subsection: (See: 2024, c. 9, Sched. 4, s. 1 (2)) Same (2) For each six-month period or part t…

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. 2008, c. 17, s. 9 (1). 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. 2008, c. 17, s. 9 (2). (3) Repealed: 2019, c. 8, Sched. 4, s. 5. Section Amendments with date in force (d/m/y) 2019, c. 8, Sched. 4, s. 5 - 06/06/2019

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. 2008, c. 17, s. 10 (1). 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. 2008, c. 17, s. 10 (2).

11 (1) The Minister may require the return of a photo card that was cancelled under section 10 from the holder of the photo card or other person in possession of the photo card. 2008, c. 17, s. 11 (1); 2019, c. 8, Sched. 4, s. 6. 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. 2008, c. 17, s. 11 (2). Section Amendments with date in force (d/m/y) 2019, c. 8, Sched. 4, s. 6 - 06/06/2019

Collection and Disclosure of Information Collection and disclosure of information

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). 2008, c. 17, s. 12 (1). 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). 2008, c. 17, s. 12 (2). 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). 2008, c. 17, s. 12 (3). Exception (4) The Minister may not disclose under subsection (2) the measurements used for comparison of photographs as described…

Offences

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. 2008, c. 17, s. 13 (1). 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. 2008, c. 17, s. 13 (2); 2019, c. 8, Sched. 4, s. 8. 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 offic…

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. 2008, c. 17, s. 14 (1). 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. 2008, c. 17, s. 14 (2). Limitation (3) No proceeding for an offence under this section shall be instituted more than six years …

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. 2008, c. 17, s. 15.

Administrative Matters

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. 2008, c. 17, s. 16.

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. 2008, c. 17, s. 17 (1). 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. 2008, c. 17, s. 17 (2).

18 The Minister may require that forms approved by the Minister be used for any purpose under this Act. 2008, c. 17, s. 18.

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. 2008, c. 17, s. 19 (1). 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. 2008, c. 17, s. 19 (2).

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. 2008, c. 17, s. 20 (1). Same (2) The Minister may keep any other records that he or she considers necessary for the administration of this Act. 2008, c. 17, s. 20 (2). Evidence

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. 2008, c. 17, s. 21 (1). 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. 2008, c. 17, s. 21 (2…

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. 2008, c. 17, s. 22 (1). 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 perso…

23 The Lieutenant Governor in Council may make regulations, (a) Repealed: 2008, c. 17, s. 27. (b) prescribing additional information about the holder that may be included on a photo card; (c) Repealed: 2025, c. 14, Sched. 9, s. 2; (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 …

24 An enhanced photo card or a combined photo card that was issued under this Act before the day subsection 1 (1) of Schedule 4 to the Getting Ontario Moving Act (Transportation Statute Law Amendment), 2019 came into force, and was valid immediately before that day, continues to be valid until the card expires or is cancelled under this Act, but cannot be renewed, replaced or revised on or after that day. 2019, c. 8, Sched. 4, s. 10. Section Amendments with date in force (d/m/y) 2019, c. 8, Sched. 4, s. 10 - 06/06/2019

25-27 Omitted (provides for amendments to this Act). 2008, c. 17, ss. 24-27.

28-48 Omitted (amends, repeals or revokes other legislation). 2008, c. 17, ss. 28-48.

49 Omitted (provides for coming into force of provisions of this Act). 2008, c. 17, s. 49.

50 Omitted (enacts short title of this Act). 2008, c. 17, s. 50. ______________