LICENCE APPEAL TRIBUNAL

Safety, Licensing Appeals and Standards Tribunals Ontario

Date: 2017-06-27

Appeal under Section 50(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 from a decision of the Minister of Transportation under subclause 32(5)(b)(i) to downgrade a driver’s licence for medical reasons.

Between:

B.T. Appellant

and

Registrar of Motor Vehicles Respondent

DECISION AND ORDER

Adjudicator: Jeanie Theoharis, Acting Vice-Chair

Appearances:

For the Appellant: Parvinder Saund, counsel

For the Respondent: Kyle Biel, agent

REASONS FOR DECISION

Overview

1The appellant’s driver’s licence was suspended indefinitely due to having three impaired driving convictions. The appellant applied to the Ministry of Transportation for a reduction of his lifetime driver’s licence suspension. By letter dated August 21, 2012, the appellant was informed that, as of August 14, 2012, his driver’s licence was reinstated but subject to a permanent ignition interlock condition.

2On March 21, 2017, the appellant filed an appeal to the Licence Appeal Tribunal, requesting that the permanent ignition interlock condition be removed.

3The Tribunal sent the appellant a Notice of Intent to Dismiss dated April 20, 2017, informing the appellant that the Tribunal intends to dismiss the appeal without a hearing pursuant to s. 4.6 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S. 22 and Rules 3.4 to 3.6 of the Tribunal’s Rules of Practice and Procedure, Version 1, (April 1, 2016) as the proceeding relates to matters outside the Tribunal’s jurisdiction. The parties were invited to make written submissions to the Tribunal on whether the Tribunal has jurisdiction to hear the appeal.

4The appellant submits that the Tribunal has jurisdiction to hear the appeal, and argues that the imposition of a permanent interlock condition was a downgrade to his driver’s licence made pursuant to s. 32(5)(b)(i) of the Highway Traffic Act (the “HTA”).

5The respondent submits that the decision to reinstate the appellant’s licence subject to a permanent ignition interlock condition was not made pursuant to s. 32(5)(b)(i) of the HTA, but occurred by operation of law under ss. 41, 41.1 and 41.2 of the HTA. As such, the respondent submits that this appeal relates to matters outside of the Tribunal’s jurisdiction.

ISSUE and result

6The issue is whether an appeal of the decision to reinstate the appellant’s licence subject to a permanent ignition interlock condition is within the Tribunal’s jurisdiction.

7I find that the decision to reinstate the appellant’s licence was made by the Registrar of Motor Vehicles (the “Registrar”) under s. 41.1(2) of the HTA and that the permanent ignition interlock condition was imposed by operation of law pursuant to s. 41.2(9) of the HTA.

8The Tribunal does not have jurisdiction to hear a dispute relating to the Registrar’s decision to reinstate the appellant’s driver’s licence under s. 41.1 or the imposition of a permanent ignition interlock condition under s. 41.2. The Tribunal has no authority to remove the permanent ignition interlock condition from the appellant’s driver’s licence.

LAW and analysis

9The Tribunal has jurisdiction to hear appeals under s. 50(1) the HTA of any decision made by the Registrar under ss. 17 or 47 of the HTA, or of any decision made by the Minister of Transportation under s. 32(5)(b)(i) of the HTA.

10The appellant was convicted of three impaired driving convictions on September 4, 1998, April 6, 2001 and April 19, 2001. Pursuant to s. 41(1)(h) of the HTA, his driver’s licence was suspended indefinitely in April 2001.

11In response to the appellant’s application for a reduction of his lifetime driver’s licence suspension, the Registrar, pursuant to s. 41.1(2) of the HTA, decided to reduce the period of suspension to 10 years, and to reinstate the appellant’s driver’s licence as of August 14, 2012.

12A driver’s licence that has been suspended under s. 41 and then reinstated is subject to the provisions found in s. 41.2. Section 41.2(9) of the HTA states that if “the Registrar reduces an indefinite licence suspension…and reinstates a person’s driver’s licence, it is a permanent condition of the persons’ driver’s licence that he or she is prohibited from driving any motor vehicle that is not equipped with an approved ignition interlock device.”

13The permanent condition that the appellant can only drive a vehicle that has an approved ignition interlock device was not the Registrar’s decision, but a condition imposed by operation of s. 41.2(9). This permanent condition applies to all drivers who, as in the case of the appellant, have multiple convictions for impaired driving and had the Registrar reduce their indefinite licence suspension.

14I find the permanent ignition interlock condition on the appellant’s driver’s licence is not a downgrade of his licence nor is it a decision made pursuant to s.32(5)(b)(i) of the HTA. There is no evidence before me that the appellant’s driver’s licence class has changed.

15The Tribunal does not have jurisdiction to hear appeals of decisions made by the Registrar to reinstate a licence under s. 41.1. Moreover, the Tribunal does not have the authority to remove the condition imposed by s. 41.2.

CONCLUSION:

16The Tribunal is without jurisdiction to hear this appeal.