Towing and Storage Safety and Enforcement Act, 2021

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Sections151

• [s0]

  Interpretation

• 1Definitions

  1 In this Act, “certificate” means a tow certificate, tow driver certificate or vehicle storage certificate, as the case may be, issued under section 5; (“certificat”) “condition”, in relation to a certificate, includes a limitation, restriction or endorsement, and includes a deemed condition; (“condition”) “Director” means the Director of Towing and Vehicle Storage Standards appointed under section 49; (“directeur”) “drive”, in relation to a tow truck, means to drive, use or otherwise operate the tow truck; (“conduire”) “driver’s licence” has the same meaning as in subsection 1 (1) of the Highway Traffic Act; (“permis de conduire”) “highway” has the same meaning as in subsection 1 (1) of the Highway Traffic Act; (“voie publique”) “inspector” means an inspector appointed under section 53; (“inspecteur”) “Minister” means the Minister of Transportation or such other member of the Executive…

• [s2]

  Certification

• 2Tow operators

  2 (1) No person shall, except under the authority of a tow certificate and in accordance with this Act and the regulations, (a) provide or offer to provide towing services; or (b) hold themself out as a tow operator. Provision of towing services (2) For the purposes of subsection (1), a person provides towing services regardless of whether the person provides the services by employing or engaging a tow truck driver to drive a tow truck that the person owns or operates or whether the person drives such a tow truck themself. Same (3) For greater certainty, subsection (1) does not apply with respect to a person who drives a tow truck only on behalf of a tow operator.

• 3Tow truck drivers

  3 No person shall, except under the authority of a tow driver certificate and in accordance with this Act and the regulations, (a) drive a tow truck to provide towing services; or (b) hold themself out as a tow truck driver. 2021, c. 26, Sched. 3, s. 3; 2023, c. 9, Sched. 36, s. 1. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1 - 01/01/2024

• 4Vehicle storage operators

  4 No person shall, except under the authority of a vehicle storage certificate and in accordance with this Act and the regulations, (a) provide or offer to provide vehicle storage services; or (b) hold themself out as a vehicle storage operator. Certificates

• 5Issuance

  5 (1) The Director may, subject to subsection (3), issue a tow certificate, tow driver certificate or vehicle storage certificate to an applicant, if the Director is satisfied that the applicant meets the qualifications and requirements prescribed for the certificate. 2021, c. 26, Sched. 3, s. 5 (1); 2023, c. 9, Sched. 36, s. 1. Renewal (2) The Director may, subject to subsection (3), renew a certificate if the Director is satisfied that the holder meets the qualifications and requirements prescribed for the certificate. 2021, c. 26, Sched. 3, s. 5 (2). No issuance or renewal despite qualification (3) Regardless of whether an applicant or certificate holder meets the prescribed qualifications and requirements for a certificate, the Director, (a) shall refuse to issue or renew the certificate in the prescribed circumstances; and (b) may refuse to issue or renew the certificate, (i) if the…

• 6Conditions of a certificate

  6 (1) The Director may, in issuing a certificate, attach to it any condition that the Director considers appropriate, including an expiry date. Deemed conditions (2) Every certificate is deemed to contain the following conditions: 1. The certificate holder is required to take all reasonable precautions to prevent loss of or from, or damage to, any motor vehicle that is being towed, is being held in a vehicle storage yard facility or is otherwise under the certificate holder’s control. 2. Any other prescribed condition. Variation of conditions (3) The Director may, at any time and as the Director considers appropriate, amend a certificate by, (a) varying a condition attached to the certificate, other than a condition listed under subsection (2); (b) attaching a condition prescribed for the purposes of this subsection to the certificate; or (c) removing a condition from the certificate, ot…

• 7Suspension, cancellation

  7 (1) The Director may suspend or cancel a certificate, (a) if the Director is satisfied that the holder no longer meets the qualifications and requirements prescribed for the certificate; (b) if the holder has contravened or failed to comply with this Act or the regulations; (c) if the payment of a fee for the issuance or renewal of the certificate has been dishonoured; (d) if the Director is satisfied that there are reasonable grounds to believe that the holder is not carrying out activities under the certificate with honesty and integrity; (e) for any prescribed reason; or (f) for any other sufficient reason. 2021, c. 26, Sched. 3, s. 7 (1); 2023, c. 9, Sched. 36, s. 3. Automatic suspension of tow driver certificate (2) If the driver’s licence of a holder of a tow driver certificate is cancelled, suspended or otherwise ceases to be in force under any Act or other law, the tow driver c…

• 8Procedures for refusals, suspensions and cancellations

  8 Refusals to issue or renew a certificate and suspensions and cancellations of a certificate shall be subject to the prescribed procedures, including any requirements specified by the regulations that the Director give notice of a refusal, suspension or cancellation. 2021, c. 26, Sched. 3, s. 8; 2023, c. 9, Sched. 36, s. 4. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 4 - 01/07/2023

• 9Appeal

  9 (1) If the regulations so provide, one or more of the following decisions, as specified by the regulations and subject to any prescribed exceptions, may be appealed to the prescribed person or entity by the applicant or certificate holder in accordance with the regulations: 1. A decision to refuse to issue a certificate. 2. A decision to refuse to renew a certificate. 3. A decision to suspend a certificate. 4. A decision to cancel a certificate. 5. A decision to amend a certificate under subsection 6 (3). 6. Any other decision of the Director specified by the regulations. 2021, c. 26, Sched. 3, s. 9 (1); 2023, c. 9, Sched. 36, s. 5. No stay (2) Except as otherwise provided by the regulations, an appeal does not operate as a stay of the decision. 2021, c. 26, Sched. 3, s. 9 (2). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 5 - 01/07/2023

• 10Inquiries re eligibility

  10 A person shall respond promptly to any inquiries from the Director for information relating to the person’s eligibility to hold a certificate.

• [s12]

  Provision of Towing Services and Vehicle Storage Services

• 11Tow operator requirements

  11 (1) Every tow operator shall, in providing or offering to provide towing services, (a) comply with the prescribed requirements and standards respecting the provision of towing services that are applicable to the operator; and (b) ensure that every person employed or engaged by the operator and any other prescribed person complies with this Act and the regulations, including the prescribed requirements and standards respecting the provision of towing services. 2021, c. 26, Sched. 3, s. 11 (1); 2023, c. 9, Sched. 36, s. 6 (2). Employment, engagement of tow truck drivers (2) No tow operator shall employ or engage a person as a tow truck driver unless the person is the holder of a valid tow driver certificate. 2021, c. 26, Sched. 3, s. 11 (2); 2023, c. 9, Sched. 36, s. 1, 6 (1). Tow truck requirements (3) Every tow operator shall ensure that every tow truck it uses to provide towing servi…

• 12Tow truck driver requirements

  12 Every tow truck driver shall comply with the prescribed requirements and standards respecting the provision of towing services that are applicable to the tow truck driver. 2023, c. 9, Sched. 36, s. 7. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1 - 01/01/2024; 2023, c. 9, Sched. 36, s. 7 - 01/07/2023

• 12 #15Tow truck driver requirements
• 13Surrender of documents, etc., by driver or other person

  13 On the demand of a police officer or inspector, a tow truck driver or any other person with the care, charge or control of a tow truck shall surrender the prescribed documents for inspection and furnish the prescribed information to the police officer or inspector. 2021, c. 26, Sched. 3, s. 13; 2023, c. 9, Sched. 36, s. 8. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 8 - 01/07/2023

• 14Vehicle impoundment if no or suspended certificate

  14 (1) A police officer or inspector may detain a tow truck if the police officer or inspector is satisfied that a person was driving a tow truck on a highway at a time when, (a) the person did not hold a valid tow driver certificate; or (b) the tow operator of the tow truck did not hold a valid tow certificate. 2023, c. 9, Sched. 36, s. 9. Same (2) A tow truck detained under subsection (1) shall, at the cost and risk of the tow operator, (a) be removed to a vehicle storage yard facility as directed by a police officer or inspector; and (b) be impounded for seven days from the time it was detained. 2023, c. 9, Sched. 36, s. 9. Application of impoundment rules (3) Except as otherwise provided by the regulations, subsections 55.2 (2) to (18) of the Highway Traffic Act apply, with the prescribed and any other necessary modifications, with respect to the impounding of a tow truck under subse…

• 15Vehicle storage operator requirements

  15 (1) Every vehicle storage operator shall, in providing or offering to provide vehicle storage services, (a) comply with the prescribed requirements and standards respecting the provision of vehicle storage services that are applicable to the operator; and (b) ensure that persons employed or engaged by the operator and any other prescribed person complies with this Act and the regulations, including the prescribed requirements and standards respecting the provision of vehicle storage services. 2023, c. 9, Sched. 36, s. 9. Vehicle storage yard facility requirements (2) Every vehicle storage operator shall ensure that the operator’s vehicle storage yard facility meets the prescribed requirements. 2023, c. 9, Sched. 36, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 9 - 01/07/2023

• 14 #18Vehicle impoundment if no or suspended certificate
• 16Insurance

  16 (1) No tow operator shall provide or offer to provide towing services unless the operator is insured as required by the regulations. 2021, c. 26, Sched. 3, s. 16 (1); 2023, c. 9, Sched. 36, s. 10. Same (2) No vehicle storage certificate operator shall provide or offer to provide vehicle storage services unless the operator is insured as required by the regulations. 2021, c. 26, Sched. 3, s. 16 (2); 2023, c. 9, Sched. 36, s. 10. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 10 - 01/01/2024

• 17Prohibited practices

  17 No tow truck driver, tow operator or vehicle storage operator shall, directly or indirectly, engage in practices that are prescribed as prohibited practices. 2023, c. 9, Sched. 36, s. 11. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 11 - 01/01/2024

• 15 #20Vehicle storage operator requirements
• 17 #20Prohibited practices
• 18Records

  18 (1) Every certificate holder shall keep the prescribed records in accordance with the prescribed requirements and, on the demand of the Director, a police officer or an inspector, shall produce and surrender a copy of any such record or any information required to be contained in any such record. 2021, c. 26, Sched. 3, s. 18 (1). Reports (2) Every certificate holder shall submit any prescribed reports to the Director in accordance with the prescribed requirements. 2021, c. 26, Sched. 3, s. 18 (2). Reports of collisions and incidents (3) A tow operator shall, upon request, provide the Director with information or documents regarding any collision or other incident involving a tow truck that was, at the time of the collision or incident, owned or operated by the tow operator. 2023, c. 9, Sched. 36, s. 12. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 12 - 01/01…

• [s21]

  Protection of Users of Towing Services and Vehicle Storage Services

• [s22]
• 19Requirements re persons using services

  19 Every tow truck driver, tow operator and vehicle storage operator shall comply with the prescribed requirements and standards respecting persons who request or receive towing services or vehicle storage services. 2021, c. 26, Sched. 3, s. 19; 2023, c. 9, Sched. 36, s. 13. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 13 - 01/01/2024

• 17 #23Prohibited practices
• 20Requirement to obtain consent for towing services

  20 (1) Unless the consent of the person specified by the regulations in relation to a motor vehicle is first obtained by a tow truck driver or tow operator in accordance with the regulations, (a) the tow truck driver shall not provide, or attempt to provide, towing services in respect of the motor vehicle; and (b) neither the tow truck driver nor the tow operator shall charge or demand payment for any towing services in respect of the motor vehicle. 2023, c. 9, Sched. 36, s. 14 (1). Same (2) Subsection (1) does not apply if the motor vehicle is being impounded or stored at the direction of a police officer or other person with authority to direct impoundment or storage or in any other circumstances that may be prescribed. 2023, c. 9, Sched. 36, s. 14 (1). Consent requirements (3) The tow truck driver or tow operator shall, in accordance with the regulations, document a consent required t…

• 21Directions re towing

  21 (1) Subject to any consent required under section 20, a tow truck driver shall, unless the regulations provide otherwise, tow a motor vehicle to the location specified by a person prescribed with respect to the motor vehicle. 2023, c. 9, Sched. 36, s. 15 (1). Information to be provided to vehicle storage operator (2) A tow truck driver who tows a motor vehicle to a vehicle storage yard facility shall provide the prescribed information to the vehicle storage operator in accordance with the regulations. 2021, c. 26, Sched. 3, s. 21 (2); 2023, c. 9, Sched. 36, s. 15 (2). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1, 15 (1, 2) - 01/01/2024 Duties of vehicle storage certificate holders

• [s25]
• 22Records

  22 (1) Every vehicle storage operator shall, in accordance with the regulations, maintain a record of the motor vehicles towed to and removed from the operator’s vehicle storage yard facility. 2021, c. 26, Sched. 3, s. 22 (1); 2023, c. 9, Sched. 36, s. 16. Notification (2) A vehicle storage operator shall, in the time and manner specified by the regulations, (a) notify the prescribed person of the location of a motor vehicle that has been towed to the operator’s vehicle storage yard facility; and (b) provide to the person any other information that may be prescribed. 2021, c. 26, Sched. 3, s. 22 (2); 2023, c. 9, Sched. 36, s. 16. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 16 - 01/01/2024

• 23Requirement to obtain consent for vehicle storage services

  23 (1) The vehicle storage operator shall, in the prescribed circumstances and in the time and manner specified by the regulations, obtain the consent of the person specified by the regulations in relation to a motor vehicle with respect to the provision of vehicle storage services in respect of the motor vehicle. 2023, c. 9, Sched. 36, s. 17. Same (2) Subsection (1) does not apply if the motor vehicle is being impounded or stored at the direction of a police officer or other person with authority to direct impoundment or storage or in any other circumstances that may be prescribed. 2023, c. 9, Sched. 36, s. 17. Same (3) Except as provided by the regulations, in the circumstances in which a consent is required under subsection (1), the consent must be obtained before the vehicle storage operator may charge or demand payment for the vehicle storage services. 2023, c. 9, Sched. 36, s. 17. …

• 24Access to vehicle

  24 (1) A tow truck driver shall at such times as may be prescribed permit the owner of a motor vehicle and any other prescribed person to have reasonable access to the motor vehicle. 2023, c. 9, Sched. 36, s. 17. Same (2) A vehicle storage operator shall permit the owner of a motor vehicle and any other prescribed person to have reasonable access to the motor vehicle during the operator’s regular business hours or, if the premises do not have regular business hours, at any time the premises are open for business. 2023, c. 9, Sched. 36, s. 17. Exceptions (3) A police officer or inspector may direct, or the regulations may provide, that subsection (1) or (2), or both, do not apply with respect to a motor vehicle. 2023, c. 9, Sched. 36, s. 17. Requirements re vehicle access (4) In permitting a person to have access to a motor vehicle under subsection (1) or (2), a tow truck driver or vehicl…

• 23 #28Requirement to obtain consent for vehicle storage services
• 25Restriction on passengers in tow trucks

  25 No tow truck driver shall allow a prescribed person to travel as a passenger in a tow truck. 2023, c. 9, Sched. 36, s. 17. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1, 17 - 01/01/2024

• 26Estimates, towing and storage services

  26 (1) A tow truck driver or tow operator shall provide estimates with respect to towing services and a vehicle storage operator shall provide estimates with respect to vehicle storage services. 2023, c. 9, Sched. 36, s. 17. Same (2) The estimates referred to in subsection (1) shall be provided in the prescribed circumstances, to the prescribed persons and in accordance with the prescribed requirements. 2023, c. 9, Sched. 36, s. 17. No charge for estimate (3) A person listed in subsection (1) shall not charge or demand payment for preparing an estimate. 2023, c. 9, Sched. 36, s. 17. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1, 17 - 01/01/2024 Invoices

• 24 #30Access to vehicle
• 27Towing services

  27 (1) No tow operator or tow truck driver shall charge or demand payment for towing services without first providing an invoice to the person receiving the services in accordance with the regulations. 2023, c. 9, Sched. 36, s. 18. Vehicle storage services (2) No vehicle storage operator shall charge or demand payment for vehicle storage services without first providing an invoice to the person receiving the services in accordance with the regulations. 2023, c. 9, Sched. 36, s. 18. Exceptions (3) Subsections (1) and (2) do not apply in the prescribed circumstances. 2021, c. 26, Sched. 3, s. 27 (3). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1, 18 - 01/01/2024 Charges for services

• 23 #31Requirement to obtain consent for vehicle storage services
• 28Minister’s regulations

  28 (1) The Minister may make regulations governing amounts payable for towing services, vehicle storage services and any services related or ancillary to either. 2023, c. 9, Sched. 36, s. 19. Same (2) Without limiting the generality of subsection (1), the regulations may, (a) prescribe maximum amounts that may be charged, which may include different maximum amounts in respect of, (i) different services, (ii) different classes of motor vehicles, (iii) different geographical regions, and (iv) such other criteria as the Minister considers appropriate; (b) establish and govern procedures to be followed in relation to the charging of amounts for towing services or vehicle storage services and any services related or ancillary to either and requiring compliance with the procedures; (c) govern the payment of amounts for towing services or vehicle storage services and any services related or anc…

• 25 #32Restriction on passengers in tow trucks
• 29Restrictions on inducements

  29 (1) No person shall, directly or indirectly, give or receive or offer to give or receive anything in consideration of the furnishing of information or advice given in respect of the occurrence of a collision or the presence of a motor vehicle that requires towing, for the purpose of, (a) obtaining work providing towing services or vehicle storage services; or (b) enabling any other person to obtain work providing towing services or vehicle storage services. 2023, c. 9, Sched. 36, s. 20. Same (2) No person shall, directly or indirectly, give or receive or offer to give or receive anything in consideration of the furnishing of information or advice given in respect of, (a) the repair, appraisal or wrecking of a motor vehicle; or (b) the referral of a person whose motor vehicle requires towing services or vehicle storage services to, (i) a towing service, (ii) a vehicle storage service, …

• 24 #33Access to vehicle
• 30Restrictions on referrals

  30 (1) Subject to subsection (2), no person shall refer a person whose motor vehicle requires towing services or vehicle storage services to any person or entity in relation to a service referred to in subsection 29 (2). 2023, c. 9, Sched. 36, s. 20. Same (2) A tow truck driver, tow operator or vehicle storage operator may refer a person whose motor vehicle requires towing services or vehicle storage services to a person or entity in relation to a service referred to in clause 29 (2) (a) or subclause 29 (2) (b) (i) or (ii) if the driver or operator has disclosed any interest in respect of the service to the person in accordance with subsection 31 (1). 2023, c. 9, Sched. 36, s. 20. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 20 – 01/01/2024

• 26 #34Estimates, towing and storage services
• 31Disclosure of interest

  31 (1) Every tow truck driver, tow operator and vehicle storage operator who, directly or indirectly, has an interest in any of the following shall, in accordance with the regulations and with subsection (2), disclose to a person to whom the driver or operator is providing towing services or vehicle storage services, as the case may be, and to any other prescribed person, the nature and extent of the interest: 1. A vehicle storage yard facility to which the motor vehicle may be towed. 2. Any other location to which the motor vehicle may be towed for repair, storage, appraisal or other similar purpose. 3. Any person or entity to whom the driver or operator refers the person to whom the driver or operator is providing the services. 2023, c. 9, Sched. 36, s. 20. No demand for payment before disclosure (2) The disclosure required to be made under subsection (1) must be made before the tow tr…

• 25 #35Restriction on passengers in tow trucks
• 32Not payable

  32 (1) An amount charged in contravention of or non-compliance with this Act or the regulations is not collectable or payable. 2021, c. 26, Sched. 3, s. 32 (1). Shall not be retained (2) No person shall demand, receive, accept or retain an amount charged or paid in contravention of or non-compliance with this Act or the regulations, and shall provide a refund of such an amount. 2021, c. 26, Sched. 3, s. 32 (2); 2023, c. 9, Sched. 36, s. 21. May be recovered (3) Any amount that a person fails to refund under subsection (2) is recoverable by the person who made the payment in a court of competent jurisdiction. 2021, c. 26, Sched. 3, s. 32 (3). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 21 - 01/01/2024

• 33False information

  33 (1) No person shall falsify any information or document that the person is required to provide under this Act or any other prescribed Act. 2023, c. 9, Sched. 36, s. 22. Same (2) No person shall assist or counsel any person who requests or receives towing services or vehicle storage services to falsify any information or document that the person requesting or receiving the services is required to provide under this Act or any other prescribed Act. 2023, c. 9, Sched. 36, s. 22. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 22 - 01/01/2024

• 26 #37Estimates, towing and storage services
• 28 #37Minister’s regulations
• 34No coercion

  34 (1) No person shall coerce, intimidate or threaten a person for the purpose of obtaining or seeking to obtain consent to towing services or vehicle storage services or into paying compensation for the services or for any related or ancillary services. 2023, c. 9, Sched. 36, s. 22. Related conduct (2) No person shall coerce, intimidate or threaten any other person for the purpose of, (a) obtaining work providing towing services or vehicle storage services; or (b) preventing the other person from obtaining work providing towing services or vehicle storage services. 2023, c. 9, Sched. 36, s. 22. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 22 - 01/01/2024

• 35Information to be provided

  35 (1) Every tow truck driver, tow operator and vehicle storage operator shall, in accordance with the regulations, provide the prescribed information to persons requesting or receiving towing services or vehicle storage services. 2023, c. 9, Sched. 36, s. 22. Same (2) Every tow truck driver, tow operator and vehicle storage operator shall, in accordance with the regulations, post or display the prescribed information. 2023, c. 9, Sched. 36, s. 22. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 22 - 01/01/2024

• 29 #39Restrictions on inducements
• 36Representations

  36 (1) Every tow truck driver, tow operator and vehicle storage operator shall comply with the prescribed requirements and standards respecting the making of representations to persons requesting or receiving towing services or vehicle storage services. 2023, c. 9, Sched. 36, s. 22. Misrepresentation prohibited (2) No person shall make any representation, whether written, oral or implied, that is misleading, inaccurate or false in order to induce a person to consent to towing services or vehicle storage services. 2023, c. 9, Sched. 36, s. 22. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 22 - 01/01/2024

• 28 #40Minister’s regulations
• 37Complaints

  37 (1) The Director may, (a) receive complaints concerning conduct that may be in contravention of or non-compliance with this Act or the regulations; (b) make written requests to persons for information regarding complaints; (c) attempt to resolve complaints concerning any conduct that comes to the Director’s attention that may be in contravention of or non-compliance with this Act or the regulations, or refer such complaints to a prescribed complaint resolution process to be dealt with in accordance with the regulations; and (d) if the Director is of the opinion that a person has contravened or failed to comply with this Act or the regulations, impose a prescribed sanction or take any other prescribed action, as the Director considers appropriate, in accordance with the regulations. 2023, c. 9, Sched. 36, s. 22. Request for information (2) A request under clause (1) (b) shall indicate …

• [s41]
• 30 #41Restrictions on referrals
• 38Restriction on provision of towing services at collision

  38 (1) No tow truck driver or tow operator shall provide or offer to provide towing services, or park or stop a tow truck, on a highway within 200 metres of, (a) the scene of a collision or apparent collision; or (b) a motor vehicle involved in a collision. 2023, c. 9, Sched. 36, s. 22. Exception (2) Subsection (1) does not apply with respect to a tow truck driver who is at the scene of a collision at the request of a police officer, inspector or person involved in the collision. 2023, c. 9, Sched. 36, s. 22. Restricted towing zones (3) Nothing in subsection (2) authorizes a tow truck driver or any other person with the care, charge or control of a tow truck to provide or offer to provide services in a restricted towing zone if the tow operator is not authorized to provide towing services in that zone. 2023, c. 9, Sched. 36, s. 22. Section Amendments with date in force (d/m/y) 2023, c. 9…

• 29 #42Restrictions on inducements
• 39Compliance with directions at collision scene

  39 (1) Every tow truck driver shall comply with any reasonable direction given by a police officer, inspector or firefighter who is present at the scene of a collision. 2023, c. 9, Sched. 36, s. 22. Same (2) Every tow truck driver shall comply with a direction of a police officer or inspector who is present at the scene of a collision to, (a) leave the scene of the collision; or (b) stay at least 200 metres away from the scene for such time as the police officer or inspector may direct. 2023, c. 9, Sched. 36, s. 22. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1, 22 - 01/01/2024

• [s43]

  Restricted Towing Zones

• 31 #43Disclosure of interest
• [s44]
• 30 #44Restrictions on referrals
• 39.1Definitions

  39.1 In sections 40 to 43.1, “roadside assistance services” means services provided for the purpose of repairing or rendering operable a motor vehicle that is disabled or inoperable on a highway; (“services d’assistance routière”) “roadside assistance vehicle” means a vehicle that is used by a person who offers or provides roadside assistance services; (“véhicule d’assistance routière”) “towing services” includes roadside assistance services. (“services de remorquage”) 2024, c. 25, Sched. 5, s. 1. Section Amendments with date in force (d/m/y) 2024, c. 25, Sched. 5, s. 1 - 01/04/2026

• 40Restricted towing zones

  40 No person shall provide or offer to provide towing services in a restricted towing zone, except as permitted under section 41.

• 31 #46Disclosure of interest
• 33 #46False information
• 41Designation of restricted towing zones

  41 (1) A King’s Highway or parts of a King’s Highway may be designated in the regulations as a restricted towing zone, and the Director may authorize a tow certificate holder to provide towing services in that zone. 2021, c. 26, Sched. 3, s. 41 (1). (2) Repealed: 2024, c. 25, Sched. 5, s. 2 (1). Prohibition (3) If any tow certificate holders are authorized to provide towing services in a restricted towing zone, no unauthorized tow operators shall provide or offer to provide towing services in that zone. 2024, c. 25, Sched. 5, s. 2 (2). More than one certificate holder (3.1) If more than one tow certificate holder is authorized to provide towing services in a restricted towing zone, the tow certificate holders shall provide only such services as specified by the Ministry. 2024, c. 25, Sched. 5, s. 2 (2). Exception (4) Subsections (3) and (3.1) do not apply to a person acting under the dir…

• 42Tow trucks to be marked

  42 (1) A tow certificate holder authorized under section 41 to provide towing services in a restricted towing zone shall ensure that every tow truck or roadside assistance vehicle it uses to provide the services in that zone, (a) displays the holder’s name; and (b) displays, in a clearly visible position on each side of the tow truck or roadside assistance vehicle, a sign showing the holder’s authorization to provide towing services in the zone. 2023, c. 9, Sched. 36, s. 23; 2024, c. 25, Sched. 5, s. 3. Same (2) No tow truck or roadside assistance vehicle driver shall drive a tow truck or roadside assistance vehicle displaying information described in clause (1) (a) or (b) unless they are driving the tow truck or roadside assistance vehicle on behalf of the authorized tow certificate holder. 2023, c. 9, Sched. 36, s. 23; 2024, c. 25, Sched. 5, s. 3. Section Amendments with date in force …

• 42 #47Tow trucks to be marked
• 34 #48No coercion
• 42 #48Tow trucks to be marked
• 43Documents to be carried

  43 Every tow truck or roadside assistance vehicle driver driving a tow truck or roadside assistance vehicle in a restricted towing zone on behalf of an authorized tow certificate holder shall carry proof of the authorization. 2023, c. 9, Sched. 36, s. 23; 2024, c. 25, Sched. 5, s. 3. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 1 - 01/01/2024; 2023, c. 9, Sched. 36, s. 23 – 01/04/2026 2024, c. 25, Sched. 5, s. 3 - 01/04/2026

• [s49]
• 33 #49False information
• 43 #49Documents to be carried
• 43.1Regulations

  43.1 The Minister may make regulations for the purposes of sections 39.1 to 43, (a) designating restricted towing zones; (b) governing the erection of signs and the placing of markings to indicate a restricted towing zone and governing such signs and markings; (c) providing for exemptions from any provisions of sections 39.1 to 43, or that any such provisions do not apply, and prescribing circumstances and conditions for any such exemption or non-application. 2024, c. 25, Sched. 5, s. 4. Section Amendments with date in force (d/m/y) 2024, c. 25, Sched. 5, s. 4 - 01/04/2026 Note: Sections 44 and 45 of this Act come into force on a day to be named by proclamation of the Lieutenant Governor.

• [s50]

  Dispatch Services

• 35 #50Information to be provided
• 43 #50Documents to be carried
• [s51]
• 34 #51No coercion
• 44Dispatch services

  44 (1) One or more dispatch services may be designated by the regulations for the purpose of governing the dispatching of tow trucks or prescribed classes of tow trucks. Requirement to use (2) The persons specified by the regulations shall use a designated dispatch service in accordance with the regulations.

• [s52]

  Penalties and Offences Administrative penalties

• 36 #52Representations
• 35 #53Information to be provided
• 45Purpose

  45 (1) An administrative penalty may be imposed under this section in order to promote compliance with this Act and the regulations. Order imposing administrative penalties (2) If a prescribed person is satisfied that a person is contravening or not complying with or has contravened or failed to comply with a prescribed provision of this Act or of the regulations, the prescribed person may, by order, impose an administrative penalty on the person in accordance with this section and the regulations. May only be imposed on prescribed persons (3) An administrative penalty may only be imposed on a person who belongs to a prescribed class. May be imposed with other measures (4) An administrative penalty may be imposed alone or in conjunction with any other regulatory measure provided by this or any other Act; however, an administrative penalty may not be imposed if the person is charged with …

• [s54]
• 37 #54Complaints
• 46Offences

  46 (1) Every person who contravenes or fails to comply with this Act or a regulation is guilty of an offence and on conviction is liable to a penalty determined in accordance with subsection (2) or (3), as the case may be. 2021, c. 26, Sched. 3, s. 46 (1). Penalties (2) Subject to subsection (3), every person convicted of an offence under subsection (1) is liable, (a) for a first offence, to a fine of not less than $250 and not more than $1,000; and (b) for each subsequent offence, to a fine of not less than $1,000 and not more than $5,000. 2021, c. 26, Sched. 3, s. 46 (2). Same (3) Every person convicted of an offence under subsection (1) in respect of a provision listed in subsection (4), or of an offence under subsection (7), (8) or (10), is liable, (a) for a first offence, to a fine of not less than $2,000 and not more than $10,000, or to imprisonment for a term of not more than six …

• [s55]
• 36 #55Representations
• 47Tow operator may be convicted if driver contravenes

  47 (1) Except as provided by the regulations, if a tow truck driver or any other person with the care, charge or control of the tow truck is subject to be charged with an offence under this Act, the tow operator of the tow truck may be charged with and convicted of the offence unless, at the time of the offence, the tow truck was in the possession of that person without the tow operator’s consent. Penalty (2) On conviction for an offence under subsection (1), the tow operator is liable to the penalty specified by this Act for the offence. Limitation (3) Despite subsection (2), the tow operator is not liable to imprisonment or to a probation order under subsection 72 (1) of the Provincial Offences Act as a result of the conviction or as a result of default in payment of the fine resulting from the conviction.

• [s56]
• 48Notice of conviction to Director

  48 A judge, provincial judge or justice of the peace who makes a conviction in respect of an offence under this Act, or the clerk of the court in which the conviction is made, shall promptly notify the Director of the conviction, together with any other information that the Director may require.

• [s57]

  Director of Towing and Vehicle Storage Standards

• 37 #57Complaints
• 38 #57Restriction on provision of towing services at collision
• [s58]
• 49Director of Towing and Vehicle Storage Standards

  49 The Minister may appoint a Director of Towing and Vehicle Storage Standards for the purposes of this Act.

• [s59]
• 39 #59Compliance with directions at collision scene
• 50Requirement to keep records

  50 (1) The Director shall keep records, in the form the Director considers appropriate, of the following information: 1. All certificates issued, renewed, suspended or cancelled under this Act. 2. All administrative penalties imposed under this Act. 3. All convictions for offences under this Act. 4. All convictions of a certificate holder under any other prescribed Act or under a prescribed provision of any other Act. 5. All collisions and incidents described in subsection 18 (3) that are reported to the Director under that subsection or that otherwise come to the Director’s attention. 6. All prescribed information. 2021, c. 26, Sched. 3, s. 50 (1); 2023, c. 9, Sched. 36, s. 25. Same (2) The Director shall ensure that records kept under subsection (1) are updated and corrected as required so that they are accurate. 2021, c. 26, Sched. 3, s. 50 (2). Section Amendments with date in force (…

• [s60]
• 38 #60Restriction on provision of towing services at collision
• 51Information re certain certificate holders

  51 The Director may make the names of tow operators and vehicle storage operators, and any other information respecting them that the Director thinks should be publicly known, available to the public in the manner that the Director considers appropriate. 2023, c. 9, Sched. 36, s. 26. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 36, s. 26 - 01/07/2023 Collection and disclosure of information

• [s61]
• 52Collection by Director

  52 (1) The Director may request and collect information from any public body or related government, as the Director considers appropriate, if the Director considers it necessary for a prescribed purpose. Disclosure by Director (2) The Director may disclose information to any public body or related government, as the Director considers appropriate, if the Director considers it necessary for a prescribed purpose. Disclosure to Director (3) On receipt of a request for information from the Director under subsection (1), a public body shall disclose to the Director any information from their records that may assist the Director with a prescribed purpose. Deemed compliance with privacy legislation (4) 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 Act and clause 32 (e) of the Municipa…

• [s62]

  Inspectors and Inspections

• 39 #62Compliance with directions at collision scene
• [s63]
• 53Inspectors

  53 (1) The Director may appoint one or more persons as inspectors for the purpose of ensuring compliance with this Act and the regulations, and shall issue to every inspector written proof of the appointment. Proof of appointment (2) Every inspector, in the execution of the inspector’s powers and duties under this Act, shall produce the proof of appointment on request. Common law constable (3) A person appointed as an inspector is a constable at common law for the purpose of executing an inspector’s powers and duties under this Act.

• [s64]
• 42 #64Tow trucks to be marked
• 54Inspections

  54 (1) In this section, “vehicle” has the same meaning as in subsection 1 (1) of the Highway Traffic Act. 2021, c. 26, Sched. 3, s. 54 (1). Power to examine tow trucks (2) For the purpose of ensuring compliance with this Act and the regulations, an inspector may examine a tow truck without a warrant, and subsections 216.1 (2) to (7) of the Highway Traffic Act apply to this power, with necessary modifications. 2021, c. 26, Sched. 3, s. 54 (2). Same, requirement to assist (3) The tow truck driver and any other person with the care, charge or control of the tow truck shall assist in the examination. 2021, c. 26, Sched. 3, s. 54 (3). Power to inspect premises (4) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, without a warrant, (a) enter any premises that are the business premises of a person; (b) enter any premises that are business premises wher…

• [s65]

  Miscellaneous

• 43 #66Documents to be carried
• 55Forms

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

• [s67]
• 42 #67Tow trucks to be marked
• 56Electronic means and formats

  56 (1) Anything that the Director is required or authorized to do or 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 provide to the Director 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 Director. Requirements, electronic format (3) If the regulations so provide, the prescribed documents shall be kept in or converted into electronic format in accordance with the regulations. Definition, “documents” (4) For the purposes of subsection (3), “documents” includes a photograph.

• 57Notice

  57 Where notice is required or permitted under this Act to be given or delivered to, or served on, a person, the notice shall be given, delivered or served in accordance with the regulations, and is deemed to have been received in accordance with the regulations.

• [s69]
• 43 #69Documents to be carried
• 58Evidence

  58 (1) A copy of any document, as defined in subsection 56 (4), that is filed or kept 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 Director under the seal of the Ministry as being a true copy of the original, (a) shall be received in evidence in all courts without proof of the seal, the Director’s signature or the manner of preparing the copy or statement; and (b) is proof, in the absence of evidence to the contrary, of the facts contained in the copy or statement. Director’s signature (2) The Director’s signature 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 may be affixed by impressions or may be an engraved, lithographed,…

• [s70]
• 59Interest and penalties when fee payment dishonoured

  59 If payment for any fee required under this Act to be paid is dishonoured, interest at a prescribed rate may be charged on the amount of the payment, and a prescribed penalty may be imposed.

• 60Conflict, Repair and Storage Liens Act

  60 In the event of a conflict respecting towing services or vehicle storage services between this Act or the regulations made under this Act and the Repair and Storage Liens Act or the regulations made under that Act, this Act and the regulations made under this Act prevail.

• [s72]
• 61Protection from personal liability

  61 (1) No action or other proceeding for damages shall be commenced against the Minister, a delegate or agent of the Minister, an inspector, a public servant or the Director for anything done in good faith in the exercise or performance or intended exercise or performance of the person’s powers or duties under this Act, or for any alleged neglect or default in the exercise or performance in good faith of those powers and duties. Crown not relieved of liability (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1).

• 62Crown bound

  62 This Act binds the Crown.

• [s74]
• 63Transition

  63 (1) This Act and the regulations apply with respect to towing services or vehicle storage services that start being provided on or after the day this subsection comes into force. Same (2) Except as otherwise provided by the regulations, this Act and the regulations apply with respect to towing services or vehicle storage services that started being provided before the day this subsection came into force, if the applicable vehicle is still in the possession or under the care, charge or control of the tow operator or vehicle storage operator.

• [s75]

  Regulations

• 64Regulations

  64 (1) The Lieutenant Governor in Council may make regulations respecting any matter necessary or advisable to effectively carry out the intent and purpose of this Act and, without limiting the generality of the foregoing, may make regulations, (a) governing anything referred to as being prescribed or anything that is required or permitted to be done in accordance with the regulations or otherwise as provided by the regulations; (b) further defining or clarifying the definitions of “towing”, “towing services” and “vehicle storage yard facility” in section 1; (c) defining any word or expression used in this Act that has not already been expressly defined in this Act; (d) governing certificates and their issuance, renewal, suspension and cancellation, including, (i) governing applications for issuance or renewal, (ii) establishing and governing classes in relation to tow certificates, tow …

• [s77]
• 65-68

  65-68 Omitted (amends, repeals or revokes other legislation).

• 69

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

• [s79]
• 70

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

• 51 #81Information re certain certificate holders
• [s82]
• [s83]
• [s86]
• [s92]
• [s96]