Appeal under subsection 50(1) of the Highway Traffic Act, R.S.O. 1990, c. H. 8, from a decision of the Minister of Transportation to downgrade a licence
Between:
John Wallace
Appellant
-and-
Minister of Transportation
Respondent
REASONS FOR DECISION AND ORDER
Panel: Dr. Erica Weinberg, Member, Panel Chair
Patricia Conway, Member
Appearances:
For the Appellant: John Wallace, self-represented
For the Respondent: Kyle Biel, agent
Place and date of hearing: By Teleconference
October 25, 2019
A. OVERVIEW
1The appellant appeals the decision of the Minister of Transportation (the “Minister”) of August 8, 2019 to downgrade his driver’s licence from a commercial DZ-class to a class “G”, under s. 32(5)(b)(i) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (“the Act”). The Notice of Appeal is dated September 23, 2019.
2The appellant’s licence was suspended on April 5, 2016 by the Registrar of Motor Vehicles (the “Registrar”) following its receipt of an unsolicited Medical Condition Report (“MCR”) pursuant to s. 203 of the Act. The MCR stated that the appellant had suffered a seizure. On March 31, 2017 the appellant had another seizure. On April 13, 2018, the Registrar reinstated the appellant’s DZ-class licence following its receipt of a letter from the appellant’s family physician, Dr. M.M., recommending that the licence be reinstated. Three months later, on July 10, 2018, the appellant had a seizure while he was a passenger in his employer’s vehicle. Following the receipt of a MCR regarding this incident from Dr. M.M., the Registrar again suspended the appellant’s licence. On August 8, 2019 following receipt and review of completed forms sent to the Registrar by Dr. M.M., the appellant’s class “G” licence was reinstated, however he was advised by the Minister that he no longer qualified for a commercial DZ-class licence because of his medical condition.
B. THE LAW
3Under section 32(5)(b)(i) of the Act, the Minister may downgrade a licence where the driver fails to meet “prescribed requirements”.
4Subsection 14(1) of O. Reg. 340/94 (the “Regulation”) under the Act states:
(1) An applicant for or a holder of a driver’s licence must not,
(a) suffer from any mental, emotional, nervous or physical condition or disability likely to significantly interfere with his or her ability to drive a motor vehicle of the applicable class safely.
5According to s. 14(2)(a) of the Regulation, in determining whether the requirements of s. 14(1) are met, the Minister may take into consideration the Canadian Council of Motor Transport Administrators Medical Standards for Drivers (the “CCMTA Standards”). The Tribunal may also take the CCMTA Standards into consideration, but the Tribunal is not bound by the CCMTA Standards.
6A person whose licence is downgraded under s. 32(5)(b)(i) of the Act may appeal to