High Occupancy Toll (HOT) Lanes Act, 2017

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Sections29

• [s0]

  Interpretation

• 1Definitions

  1 In this Act, “HOT lane” means a high occupancy toll lane designated under section 2; (“voie VMOT”) “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 by regulations made under this Act; (“prescrit”) “Registrar” means the Registrar of Motor Vehicles appointed under the Highway Traffic Act; (“registrateur”) “toll device” means a toll device prescribed under clause 191.4 (2) (a) of the Highway Traffic Act; (“appareil à péage”) “vehicle permit” means a permit as defined in subsection 6 (1) of the Highway Traffic Act. (“certificat d’immatriculation de véhicule”)

• [s2]

  Designation and Use of HOT Lanes

• 2Designation of HOT lanes

  2 (1) If a part of a highway designated as the King’s Highway under subsection 7 (1) of the Public Transportation and Highway Improvement Act has been divided into clearly marked lanes for traffic, the Minister may by regulation designate any lane on that part as an HOT lane. Same (2) The Minister may, in a regulation made under subsection (1), (a) limit the designation to specified days, times of day, conditions or circumstances; (b) regulate the use of HOT lanes, which may include, (i) limiting the use of HOT lanes to specified vehicles, or any specified class or type of vehicles, or to vehicles with a specified number or minimum number of occupants and prescribing conditions and circumstances for such use, and (ii) prescribing rules of the road applicable to the use of the lanes, exemptions from any requirement of Part X of the Highway Traffic Act or of any regulations made under that…

• 3Permitted use of HOT lanes

  3 No person shall, except in accordance with the regulations made under section 2, (a) drive a vehicle in an HOT lane; or (b) enter or exit an HOT lane.

• [s5]

  Tolling and Enforcement of Tolls

• 4Toll rate

  4 (1) The toll rate payable for the operation of a vehicle on an HOT lane is, (a) the amount that is displayed on the signs erected pursuant to regulations made under clauses 2 (2) (c) and (d); or (b) if no amount is displayed on the signs, the amount set out in or calculated in accordance with a regulation made under clause 20 (a). Minister may establish toll rates to display on signs (2) The Minister may establish toll rates based on traffic speeds and volumes and other factors the Minister considers relevant, and may cause the toll rates to be displayed on the signs described in clause (1) (a). Effective toll rate (3) The toll rate payable by any person pursuant to clause (1) (a) is the amount that is displayed on the signs when the person enters the part of the HOT lane to which the signs apply. Different toll rates (4) Different toll rates may apply under clause (1) (a) or (b), (a) …

• 5Obligation to pay toll

  5 (1) A toll and any related fee and interest payable under this Act for the operation of a vehicle on an HOT lane 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. Evidence re use of HOT lane (2) The Ministry may collect photographic or electronic evidence, or any other prescribed type of evidence, of, (a) the use of an HOT lane; (b) the number or minimum number of occupants in a vehicle on an HOT lane; and (c) the setting of a toll device, as may be required by a regulation made under clause 191.4 (2) (c) of the Highway Traffic Act. Same — notification re number of occupants, etc. (3) The Ministry may accept notification from a person described in clause (1) (b), submitted in the…

• 6Tolls and fees

  6 (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. 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. Same (3) Subject to a regulation made under clause 20 (e), the rate of interest under subsection (2) is the rate of interest established under subsection 10 (3) of the Financial Administration Act. Debt to person or entity (4) Any fee and interest described in clause 16 (1) (d) or (e) that a person or entity with whom the Minister enters into an agreement under subsection 16 (1) is entitled to establish or charge pursuant to that agreement are a debt owing to …

• 7Failure to pay toll

  7 (1) If a toll charged for operating a vehicle on an HOT lane or any administrative fee is not paid within 35 days after the day it is payable under subsection 6 (1), the Minister may send the person responsible for the payment of the toll a notice of failure to pay the toll. 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 8 (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 8 (2), (ii) the person bears the onus of proving the grounds on which the matter is disputed, and (iii) the person is no longer re…

• 8Dispute

  8 (1) A person who receives a notice under section 7 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 number plate or the toll device registered to the person was lost or stolen at the time the toll was incurred. 4. The person is not the person responsible for the payment of the toll under subsection 5 (1). 5. A prescribed ground. Notice of dispute (2) A person who receives a notice under section 7 may dispute the alleged failure to pay a toll if the person sends a notice of dispute, setting out the grounds on which the dispute is based, to the Minister within 30 days after receiving the notice of failure to pay the toll under section 7. Payment without prejudice (3) The payment of a toll and related fees and interest shall not prejudice the right of a person who receiv…

• 9Appointment of dispute arbitrator

  9 (1) The Lieutenant Governor in Council may appoint a dispute arbitrator for the purposes of section 10. 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 16 (1).

• 10Appeal

  10 (1) A person may appeal the Minister’s decision under section 8 on any of the grounds described in subsection 8 (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 sent under subsection 8 (5). 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. Copy to appellant (3) Upon making a submission under subsection (2), the Minister shall send a copy of the submission to the appellant. 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 matter on the basis of the written material; (b) if he or she thinks it appropriate, hold a hearin…

• 11Repayment of paid tolls

  11 (1) Where a person who receives a notice of failure to pay under section 7 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 toll, fees and interest pursuant to subsection 8 (7). Interest rate (2) Subject to a regulation made under clause 20 (e), the interest on an amount returned under subsection (1) shall be calculated at the rate of interest established under subsection 10 (3) of the Financial Administration Act.

• 12Interest on unpaid tolls, fees

  12 Interest on unpaid tolls and fees continues to accrue even if a person disputes or appeals the obligation to pay a toll. Failure to pay toll — non-validation of vehicle permit

• 13Notification to Registrar

  13 (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 7, the Minister may notify the Registrar of the failure to pay. Same (2) The Minister shall promptly inform the person who received the notice of failure to pay that the Registrar has been notified under subsection (1). Registrar’s action (3) If the Registrar is notified under subsection (1), he or she shall, at the next opportunity, refuse to validate the vehicle permit issued to the person who received the notice of failure to pay under section 7 and refuse to issue a vehicle permit to that person. If dispute (4) The Registrar may act under subsection (3) even though the person who received the notice of failure to pay under section 7 has disputed their obligation to pay under section 8 or has appealed a decision of the Minister under sect…

• 14Other remedies

  14 Actions taken under sections 7 to 13 are in addition to any other methods of collection and enforcement available at law.

• 15Minister’s powers re collection and enforcement

  15 (1) The Minister may, (a) collect and enforce payment of tolls, and interest on them, with respect to the operation of vehicles on HOT lanes; (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. Settlement or determination of uncollectability of debt (2) Where the Minister sends a notice of failure to pay a toll to a person under section 7, the Minister may, (a) negotiate and accept as a settlement in full payment and satisfaction of the tolls, fees and interest ow…

• 16Agreement with person or entity to collect and enforce tolls, etc.

  16 (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 HOT lanes; (b) to do anything the Minister is authorized to do under clause 15 (1) (b), (c), (d), (e) or (f) or under subsection 15 (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 interest. Co…

• 17Definitions

  17 (1) In this section, “entity”, except when referring to an entity with whom the Minister enters into an agreement under subsection 16 (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”) 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 16 (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 custody or under its control; (c) disclose the n…

• [s20]

  Offences

• 18Offences

  18 (1) A person is guilty of an offence who, (a) contravenes clause 3 (a) or (b); or (b) submits a false or inaccurate notification under subsection 5 (3). Penalty (2) On conviction under clause (1) (a) or (b), a person is liable to a fine of not less than $60 and not more than $500. Notification re number of occupants, etc. (3) A notification submitted by a person under subsection 5 (3) is proof, in the absence of evidence to the contrary, of the facts relevant to whether the person has contravened clause 3 (a) or (b). Toll device setting not evidence to the contrary (4) The setting of a toll device is not evidence to the contrary under subsection (3).

• [s22]

  Regulations and Forms

• 19Regulations made by Lieutenant Governor in Council

  19 The Lieutenant Governor in Council may make regulations, (a) prescribing other types of evidence that may be collected under subsection 5 (2); (b) prescribing additional facts for which evidence collected under subsection 5 (2) is proof, in the absence of evidence to the contrary; (c) prescribing additional grounds on which to dispute a notice of failure to pay a toll; (d) respecting additional procedures to be used for enforcing the payment of tolls; (e) providing that sections 7 to 13, 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 an HOT lane, 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; (f) providing that the Arbitration Act, 1991 or any provision of that Act does not apply to appeals under s…

• 20Regulations made by Minister

  20 The Minister may make regulations, (a) prescribing the toll rate payable for the operation of a vehicle on an HOT lane, including a toll rate of nil, or the method for calculating the toll rate, for the purpose of clause 4 (1) (b); (b) prescribing criteria for the purpose of clause 4 (4) (d), which may include characteristics of a vehicle or class of vehicle or of the owner or driver of a vehicle, or the number or minimum number of occupants in a vehicle; (c) exempting any person or vehicle or class of persons or vehicles from the obligation to pay a toll, fee or interest under section 5, and prescribing conditions and circumstances for any such exemption; (d) prescribing the form of a notification referred to in subsection 5 (3), the manner in which and when it must be submitted, any other facts that must be attested to in the notification and additional facts for which it is proof, …

• 21Forms

  21 The Minister may approve forms for the purposes of this Act and require their use.

• 22-24

  22-24 Omitted (amends, repeals or revokes other legislation).

• 25

  25 Omitted (provides for coming into force of provisions of this Act).

• 26

  26 Omitted (enacts short title of this Act). ______________