Highway 407 East Act, 2012

Interpretation Interpretation

1 (1) In this Act, “enforcement fee” means a fee charged by the Minister for the purposes of recovering costs associated with a person’s failure to pay a toll or fee; (“frais de recouvrement”) “Highway 407 East” means the highway between the easterly end of Highway 407, as defined in the Highway 407 Act, 1998, and Highway 35/115 and improvements and fixtures on the highway; (“autoroute 407 Est”) “Minister” means the Minister of Transportation or such other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; (“ministre”) “Ministry” means the ministry of the Minister; (“ministère”) “prescribed”, except in the definition of “toll device”, means prescribed in the regulations made under this Act; (“prescrit”) “toll device” means a toll device prescribed under clause 191.4 (a) of the Highway Traffic Act; (“appareil à péage”) Note:…

Designations of Highway 407 East as a Controlled-Access and Toll Highway Designations

2 (1) Highway 407 East is deemed to be designated as a controlled-access highway under section 36 of the Public Transportation and Highway Improvement Act, thereby making it part of the King’s Highway, and an order in council confirming this designation may be registered in the proper land registry offices. 2012, c. 8, Sched. 22, s. 2 (1). Toll highway (2) Subject to a regulation made under clause 17 (a), Highway 407 East is designated as a toll highway. 2012, c. 8, Sched. 22, s. 2 (2).

Tolling and Enforcement

3 (1) A toll and any related fee and interest payable under this Act for the operation of a vehicle on Highway 407 East shall be paid to the Ministry by, (a) if a toll device is not affixed to the vehicle, the person in whose name the plate portion of the vehicle permit is issued; (b) if a toll device is affixed to the vehicle, the person to whom the toll device is registered. 2012, c. 8, Sched. 22, s. 3 (1). Evidence (2) Photographic or electronic evidence of the use of Highway 407 East is proof, in the absence of evidence to the contrary, of the obligation to pay a toll. 2012, c. 8, Sched. 22, s. 3 (2). Application (3) Sections 5 to 12 apply to the collection and enforcement of tolls and related fees and interest payable under this Act by a person described in subsection (1), but do not apply to the collection and enforcement of tolls, fees and interest if, (a) the person is responsibl…

4 (1) Subject to any agreement between the Minister and a person responsible for the payment of a toll, a toll or fee is payable on the day an invoice for the toll and fee is sent to that person. 2012, c. 8, Sched. 22, s. 4 (1). Interest (2) Subject to any agreement between the Minister and a person responsible for the payment of a toll, interest on a toll or fee begins to accrue and is payable 35 days after the invoice for the toll and fee is sent to that person. 2012, c. 8, Sched. 22, s. 4 (2). Same (3) Subject to a regulation made under clause 18 (c), the rate of interest under subsection (2) is the maximum rate of interest fixed under subsection 10 (4) of the Financial Administration Act. 2012, c. 8, Sched. 22, s. 4 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 4 (3) of the Act is repealed and the following substituted: (See: 2017, c. 34, Sche…

5 (1) If a toll charged for operating a vehicle on Highway 407 East or any administrative fee is not paid within 35 days after the day it is payable under subsection 4 (1), the Minister may send the person responsible for the payment of the toll a notice of failure to pay the toll. 2012, c. 8, Sched. 22, s. 5 (1). Content of notice (2) The notice shall, (a) set out the amount of the toll and of any administrative fee and the interest rate that is being charged; (b) inform the person named in the notice that the person may dispute the matter on a ground described in subsection 6 (1) and set out those grounds; (c) inform the person named in the notice that if the person disputes the matter, (i) the person must send a notice of dispute to the Minister within the time period referred to in subsection 6 (2), (ii) the person bears the onus of proving the grounds on which the matter is disputed…

6 (1) A person who receives a notice under section 5 may dispute the alleged failure to pay a toll on any of the following grounds: 1. The toll was paid in full. 2. The amount of the toll is incorrect. 3. The vehicle, the numbered plate or the toll device registered to the person was lost or stolen at the time the toll was incurred. Note: On a day to be named by proclamation of the Lieutenant Governor, the English version of paragraph 3 of subsection 6 (1) of the Act is amended by striking out “the numbered plate” and substituting “the number plate”. (See: 2017, c. 34, Sched. 19, s. 24 (3)) 4. The person is not the person responsible for the payment of the toll under subsection 3 (1). 5. A prescribed ground. 2012, c. 8, Sched. 22, s. 6 (1). Notice of dispute (2) A person who receives a notice under section 5 may dispute the alleged failure to pay a toll if the person sends a notice of di…

7 (1) The Lieutenant Governor in Council may appoint a dispute arbitrator for the purposes of section 8. 2012, c. 8, Sched. 22, s. 7 (1). Fees and expenses (2) The fees and expenses of the dispute arbitrator shall be paid by the Minister, out of money appropriated for the purpose by the Legislature, unless otherwise provided in an agreement entered into under subsection 14 (1). 2012, c. 8, Sched. 22, s. 7 (2).

8 (1) A person may appeal the Minister’s decision under section 6 on any of the grounds described in subsection 6 (1) if the person sends a notice of appeal, setting out the grounds of the appeal, to the dispute arbitrator and to the Minister within 30 days after receiving a copy of the Minister’s decision under subsection 6 (5). 2012, c. 8, Sched. 22, s. 8 (1). Submission by Minister (2) Within 15 days of receipt of a notice of appeal under subsection (1), the Minister may send a written submission to the dispute arbitrator. 2012, c. 8, Sched. 22, s. 8 (2). Copy to appellant (3) Upon making a submission under subsection (2), the Minister shall send a copy of the submission to the appellant. 2012, c. 8, Sched. 22, s. 8 (3). Appeal process (4) The dispute arbitrator shall review the notice of appeal and any submission made by the Minister under subsection (2) and may, (a) decide the matte…

9 (1) Where a person who receives a notice of failure to pay a toll under section 5 pays the toll and the related fees and interest, in whole or in part, the Minister shall return the amount paid to the person, together with interest, if, (a) the Minister or dispute arbitrator subsequently decides that the person is not responsible for the payment of the toll, fees and interest; or (b) the person is no longer required to pay the tolls, fees and interest pursuant to subsection 6 (7). 2012, c. 8, Sched. 22, s. 9 (1). Interest rate (2) Subject to a regulation made under clause 18 (c), the interest on an amount returned under subsection (1) shall be charged at the maximum rate of interest fixed under subsection 10 (4) of the Financial Administration Act. 2012, c. 8, Sched. 22, s. 9 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 9 (2) of the Act is repe…

10 Interest on unpaid tolls and fees continues to accrue even if a person disputes or appeals the obligation to pay a toll. 2012, c. 8, Sched. 22, s. 10. Failure to pay toll — non-validation of vehicle permit

11 (1) If a toll and the related fees and interest are not paid within 90 days of the day a person receives a notice of failure to pay under section 5, the Minister may, (a) charge an enforcement fee; and (b) notify the Registrar of Motor Vehicles of the failure to pay. 2019, c. 14, Sched. 16, s. 9 (1). Same (2) The Minister shall promptly inform the person who received the notice of failure to pay that the enforcement fee was charged or that the Registrar of Motor Vehicles has been notified under subsection (1), or both, as the case may be. 2019, c. 14, Sched. 16, s. 9 (1). Dispute of enforcement fee (2.1) Subsections 4 (4) and (8) and sections 6 to 10 apply with respect to the enforcement fee. 2019, c. 14, Sched. 16, s. 9 (1). Registrar’s action (3) If the Registrar of Motor Vehicles is notified under subsection (1), he or she shall, at the next opportunity, refuse to validate the vehi…

12 Actions taken under sections 5 to 11 are in addition to any other methods of collection and enforcement available at law. 2012, c. 8, Sched. 22, s. 12.

13 (1) The Minister may, (a) collect and enforce payment of tolls, and interest on them, with respect to the operation of vehicles on Highway 407 East; (b) establish, collect and enforce payment of administrative fees and fees to commence or appeal any dispute proceedings, and collect and enforce payment of interest on the fees; (c) establish terms and conditions for the registration and distribution of toll devices; (d) require security for the provision of any toll devices; (e) determine the methods of payment of tolls, fees and interest; (f) determine the circumstances in which tolls, fees and interest are to be refunded. 2012, c. 8, Sched. 22, s. 13. Settlement of or determination of uncollectability of debt (2) Where the Minister sends a notice of failure to pay the toll to a person under section 5, the Minister may, (a) negotiate and accept as a settlement in full payment and satis…

14 (1) The Minister may enter into an agreement with any person or entity authorizing that person or entity, (a) to collect and enforce the payment of tolls, related fees and interest with respect to the operation of vehicles on Highway 407 East; (b) to do anything the Minister is authorized to do under clause 13 (1) (b), (c), (d), (e) or (f) or under subsection 13 (2); (c) to perform additional activities in relation to the collection and enforcement of tolls, fees and interest as are specified in the agreement; (d) to establish, collect and enforce payment of administrative fees in respect of the activities referred to in clause (c); (e) to charge interest for the late payment of the administrative fees established by the person or entity, and to establish rules for determining when interest is owed and for determining the methods of payment of the administrative fees and related inter…

15 (1) In this section, “entity”, except when referring to a person or entity with whom the Minister enters into an agreement under subsection 14 (1), means the government of a province of Canada or a state of the United States of America; (“entité”) “personal information” means information that is personal information for the purposes of the Freedom of Information and Protection of Privacy Act. (“renseignements personnels”) 2012, c. 8, Sched. 22, s. 15 (1). Collection, use and disclosure of personal information — by Ministry (2) Despite any other Act or regulation, the Ministry may, (a) collect personal information in any manner from a person or entity with whom the Minister enters into an agreement under subsection 14 (1), or from any person or entity for a purpose described in subsection (4); (b) use, for a purpose described in subsection (4), personal information that is in its custo…

Regulations and Forms Amount of toll

16 (1) The Lieutenant Governor in Council may by regulation prescribe the toll that is payable for the operation of a vehicle on Highway 407 East during a period of time specified in the regulation, which period shall be at least 12 months and shall end on May 31. 2012, c. 8, Sched. 22, s. 16 (1). (2) Repealed: 2015, c. 14, s. 2. Annual adjustment of toll (3) Beginning on the first June 1 after the period of time specified in a regulation made under subsection (1), and on every June 1 after that, the toll that is payable for the operation of a vehicle on Highway 407 East from June 1 until the next May 31 is the toll for the previous 12-month period adjusted by the percentage change in the Ontario Consumer Price Index between the previous two calendar years. 2012, c. 8, Sched. 22, s. 16 (3). Calculation of toll (4) The actual toll under subsection (3) is the amount determined by the calcu…

17 The Lieutenant Governor in Council may make regulations, (a) prescribing a part of Highway 407 East that is not designated as a toll highway; (b) prescribing additional grounds on which to dispute a notice of failure to pay a toll; (c) respecting additional procedures to be used for enforcing the payment of tolls on Highway 407 East; (d) providing that sections 5 to 11, or any of them, or any provision of a regulation made under this Act, do not apply in respect of all or a part of Highway 407 East, and prescribing different rules for the collection and enforcement of tolls, fees and interest and for the resolution of disputes than those set out in those provisions; (e) prescribing the types of toll devices and related tolling equipment that must be used on Highway 407 East; (f) providing that the Arbitration Act, 1991 or any provision of that Act does not apply to appeals under secti…

18 The Minister may make regulations, (a) exempting any person or vehicle or class of persons or vehicles from the application of section 3, and prescribing conditions and circumstances for any such exemption; (b) providing that no tolls are payable on all or part of Highway 407 East for a specified event or time period; (c) prescribing a rate of interest for the purpose of subsection 4 (3) or 9 (2); (d) prescribing and governing methods for sending invoices, notices and other documents. 2012, c. 8, Sched. 22, s. 18.

19 The Minister may approve forms for the purposes of this Act and require their use. 2012, c. 8, Sched. 22, s. 19.

20 Omitted (amends, repeals or revokes other legislation). 2012, c. 8, Sched. 22, s. 20.

21 Omitted (provides for coming into force of provisions of this Act). 2012, c. 8, Sched. 22, s. 21.

22 Omitted (enacts short title of this Act). 2012, c. 8, Sched. 22, s. 22. ______________