Motor vehicle inspection station licence Sect 91

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Motor vehicle inspection station licence Sect 91

by: racer on
Sat Feb 07, 2009 9:54 pm

Motor vehicle inspection station licence

91. (1) No person shall establish, operate or maintain a motor vehicle inspection station except under the authority of a licence issued by the Director under this Act and the Director may issue a licence for a motor vehicle inspection station subject to the conditions that the Director may specify in the licence. R.S.O. 1990, c. H.8, s. 91 (1).

Issuance of licence

(2) Subject to subsection (3), any person who applies in accordance with this Act and the regulations for a licence to establish, operate or maintain a motor vehicle inspection station and who meets the requirements of this Act and the regulations and who pays the prescribed fee is entitled to be issued the licence. R.S.O. 1990, c. H.8, s. 91 (2).

Grounds for refusal

(3) Subject to section 95, the Director may refuse to issue a motor vehicle inspection station licence where, in his or her opinion,

(a) the past conduct of the applicant or, where the applicant is a corporation, of its officers or directors affords reasonable grounds for belief that the motor vehicle inspection station will not be operated in accordance with the law and with honesty and integrity;

(b) the proposed motor vehicle inspection station or its operation would contravene this Act or the regulations or any other Act or regulation or any municipal by-law respecting its establishment or location;

(c) the applicant is not competent to operate a motor vehicle inspection station in accordance with this Act and the regulations; or

(d) the equipment and premises are not suitable for the performance of the inspections for which the licence is sought. R.S.O. 1990, c. H.8, s. 91 (3).

Expiration and renewal of motor vehicle inspection station licence

(4) A motor vehicle inspection station licence expires with the 31st day of December in the year in which it is issued and a renewal shall be issued where the applicant is not disqualified under subsection (8). R.S.O. 1990, c. H.8, s. 91 (4).

Not transferable

(5) A motor vehicle inspection station licence is not transferable. R.S.O. 1990, c. H.8, s. 91 (5).

Operator named in licence

(6) It is a condition of a motor vehicle inspection station licence that the operation of the motor vehicle inspection station be under the charge and control of the licensee. R.S.O. 1990, c. H.8, s. 91 (6).

Notice of change

(7) Where the licensee is a corporation, the corporation shall notify the Director in writing within fifteen days of any change in the officers or directors of the corporation. R.S.O. 1990, c. H.8, s. 91 (7).

Revocation of licence

(8) The Director may revoke or refuse to renew a motor vehicle inspection station licence where,

(a) any person has made a false statement in the application for the licence or a renewal thereof or in any safety standards certificate signed by the licensee or a person authorized in writing by the licensee or in any report, document or other information required to be furnished by this Act or the regulations or any other Act or regulation that applies to the motor vehicle inspection station;

(b) any inspection authorized by the licence is incompetently performed;

(c) the licensee or any motor vehicle inspection mechanic employed in the motor vehicle inspection station has misrepresented the condition of a vehicle with respect to the standards of equipment and performance prescribed by the regulations upon an inspection of the vehicle in the station for the purpose of determining whether or not to issue a safety standards certificate, sign a vehicle inspection record or affix a vehicle inspection sticker;

(d) there is a breach of a condition of the licence;

(e) the licensee does not comply with this Act or the regulations;

(f) the inspections that can be performed by the motor vehicle inspection station are misrepresented; or

(g) a change in the officers or directors of any corporation that is a licensee would afford grounds for refusing to issue a motor vehicle inspection station licence under clause (3) (a). R.S.O. 1990, c. H.8, s. 91 (8).
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

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