Joel Harden MPP / Député, Ottawa Centre

Government of Ontario

Ontario can cancel commercial vehicle licences to end protests, and should: Harden

Published on February 8, 2022

QUEEN’S PARK — The Ontario government has the power to take away the Commercial Vehicle Operator Certificates (CVOR) of any convoy protestor that doesn’t leave right now — and he should use it, said Official Opposition Leader Andrea Horwath.
 
Under the Highway Traffic Act, the government can cancel the driver’s licence, plates and CVOR for misconduct, ignoring existing laws, or “any other sufficient reason.”
 
“The government has had the power all along to tell the occupiers that if they don’t clear out, they won’t be licenced anymore,” said Horwath. “Ottawa families have felt threatened for more than 10 days. Workers and small businesses have gone more than 10 days without income. Folks have had to see swastikas and Confederate flags marched through their streets. Ottawa families are exhausted, and on their last frayed nerve. This stopped being a protest and started being a lawless occupation over a week ago — the siege needs to end.
 
“Potentially losing their licencing is a powerful incentive Ontario must explore. I’m calling on the government to explore this power to end the occupation in Ottawa.”
 
The Official Opposition also is calling for the province to declare a state of emergency to help rush resources to Ottawa.
 
Background
 
Suspension powers under the Highway Traffic Act
 
Section 47 (1) of the Highway Traffic Act outlines driver license suspension powers. According to the Act: 
47 (1) Subject to section 47.1, the Registrar may, by order, suspend or cancel,
(a) the plate portion of a permit as defined in Part II;
(b) a driver’s licence; or
(c) a CVOR certificate,

on the grounds of,
(d) misconduct for which the holder is responsible, directly or indirectly, related to the operation or driving of a motor vehicle;
(e) conviction of the holder for an offence referred to in subsection 210 (1) or (2);
(f) the Registrar having reason to believe, having regard to the safety record of the holder or of a person related to the holder, and any other information that the Registrar considers relevant, that the holder will not operate a commercial motor vehicle safely or in accordance with this Act, the regulations and other laws relating to highway safety; or
(g) any other sufficient reason not referred to in clause (d), (e) or (f).  R.S.O. 1990, c. H.8, s. 47 (1); 1996, c. 33, s. 7 (1, 2); 2014, c. 9, Sched. 2, s. 15 (1).