1.

Application for, or transfer of, a permanent Public Vehicle or an Extra-Provincial operating licence other than for a school bus

$500

2.

To oppose an application for, or transfer of, a permanent Public Vehicle or an Extra-Provincial operating licence other than for a school bus

$400

3.

Application for a Temporary Public Vehicle or an Extra-Provincial operating licence other than for a school bus

$300

4.

To oppose an application for a Temporary Public Vehicle or an Extra-Provincial operating licence other than for a school bus

$250

5.

Application for, or transfer of, a permanent School Bus operating licence

$200

6.

To oppose an application for, or transfer of, a permanent School Bus operating licence

$150

7.

Application for a temporary School Bus operating licence

$120

8.

Application for an interpretation of a Public Vehicle or an Extra-Provincial operating licence other than for a school bus

$500

9.

To oppose an application for an interpretation of a Public Vehicle or an Extra-Provincial operating licence other than for a school bus

$400

10.

Application for an interpretation of a School Bus operating licence

$200

11.

To oppose an application for an interpretation of a School Bus operating licence

$150

12.

Application to renew operating licence

$200

13.

Request for a hearing to oppose a renewal of an operating licence

$400

14.

Application for a Special Authority

$150

15.

Request for a hearing to sanction a carrier

$400

SUBJECT :

Regulation 982, Sections 7 (4) and (5) under the Public Vehicles Act, commonly referred to as the "All Call Rule". These Sections permit licensed carriers to operate in areas for which they hold no authority; but only under certain conditions.

OBJECTIVE:

To ensure that all licensees understand the procedure being established and also to ensure that the process is fair and equitable.

COMMENT :

To date, the Board's interpretation of these Sections of the Regulation has been:

• that all licensed carriers be called for each trip;
• there must be evidence of the call;
• there must be sufficient information about the trip; and
• that reasonable notice be provided.

This interpretation has been frustrating to licensees as no data base of the names of carriers and their authorities is currently available. Reasonable notice is not defined and the details and record of the request are not outlined and retained. This has resulted in numerous contraventions of the Regulation and subsequent sanctions by the Board.

To resolve this situation, the Board, with the cooperation of the carriers through a written survey, has developed a database of chartered trip authorities. The Board's web-site address is www.ohtb.gov.on.ca. Under the icon "All Call Rule", all licensees and other interested parties will henceforth be able to locate the names and addresses of licenced carriers for each municipality in Ontario.

In addition, the Board held meetings across the Province to meet with licensees to listen to their comments and suggested solutions. The meetings were well attended. The opinions expressed can be summarized as follows:

• the request for equipment must be:

1. timely
2. made by facsimile
3. made for each trip
4. made to all licensees in each municipality save and except for Toronto

• the request should be made on a standard form outlining the data required, i.e. the date, origin and destination of the trip, type of equipment and services required, and the name and address of the contact person.
• last minute requests should be avoided.
• the vehicle and service to be provided must becomparable to what is requested.
• the rates to be charged must be within reason when compared to the licensee's current rate.. Also, rates must not be a factor to circumvent the All Call Rule.
• a specially designed vehicle should not be the criteria to circumvent the All Call Rule.
• the All Call Rule applies to all classes of vehicle.
• the reply to the request must be answered immediately.
• last minute cancellations by a licensee must not be permitted.
• concerns of including/excluding carriers who have not taken part in the survey.
• should information provided to the Board be accepted at face value or verified?
• should tour operators, who are relying solely on the web-site, be held responsible if they have been misled by a licensee?
• the "All Call Rule" should be used rarely rather than on a regular basis and not used to enhance competition or circumvent regulations.

The concerns and questions expressed are reasonable and legitimate and must be considered by the Board. After all, the Regulation states "reasonable enquiry" As the Board may ultimately have to adjudicate on these matters, i.e. Section 8 (interpretation of the licenses) and Sections 10 and 11, (review and sanctions) the Board cannot volunteer any answers to these questions. However, should parties not be reasonable in the whole process, the Board can only say that it may be, to the parties detriment. The regulations are to serve the public need and licensees are expected to keep that in mind at all times.

PROCEDURE :

The Request shall:

• be made for each trip;
• be made for all class of vehicles;
• be made at least 7 days in advance of the trip, (except in extremely unusual circumstances);
• be in writing and must be transmitted by facsimile and proof of transmittal must be retained;
• indicate the class and type of vehicle required;
• state the date required, the point of origin, destination, name and address of contact person and additional service (if any) required;
• be made to every licensed carrier in the municipality from which the authority is sought, save and except for Toronto; and
• before undertaking the trip from Toronto inquire of Greyhound Canada Transportation Corp., Trentway-Wagar Inc., Penetang Midland Coach Lines Limited, P.W. Transportation Ltd., Tokmakjian Limited o/a Can-Ar Coach and at least five other carriers.

The Reply shall:

• be by facsimile within 24 hours of the request and proof of transmittal must be retained;
• state the availability of equipment and service;
• indicate the rate to be charged for the service;
• state that the carrier has the authority to provide the service and
• provide the name and address of the contact person.

A suggested sample of a request and reply form is attached.

SUBJECT :

Dispensing with or Varying Rules.

PROCEDURE :

At any time in a proceeding, where considerations of public interest and fairness so require, the Board may:

1. dispense with or vary its Practices and Procedures; or
2. extend or abridge the time fixed by these Practices and Procedures or otherwise fixed by the Board, and may do so of its own volition or in response to a motion by any party whether or not the motion to extend or abridge the time is made after the time so fixed has expired.

SUBJECT:

Costs for written and oral hearings.

PROCEDURE:

Current legislation authorizes the Board in its discretion to fix the costs of and incidental to any proceeding. The Board is also permitted to levy additional costs for every proceeding with respect to actual costs incurred by the Board and the Ministry of Transportation including the costs on any prior investigation. The costs may be levied to the parties in the proceeding, or any of them. costs with respect to proceedings will be as follows :

The above costs do not include the additional costs of the services of the Ministry of Transportation or any other additional costs that may be incurred by the Board.

The above costs will not apply with respect to an application for a public vehicle (school bus) operating licence or an application for an extra-provincial operating licence where the point of origin of the transportation requested is outside of Ontario, unless the applications are opposed. Should the applications be opposed then the above mentioned costs will apply.

SUBJECT:

Issuance of a Summons

PROCEDURE:

A request must be made in writing indicating the following:

The request for subpoena must be accompanied by a fee of $40.00 per subpoena payable to the Minister of Finance and the received by the Board at least 24 hours before the date of the proceedings.

A summons must be served personally on the person summoned who shall be paid fees for his/her attendance similar to those paid a witness summoned to attend before the Ontario Court (General Division) (Section 12 (3.1).

SUBJECT:

Change of name of licensee.

PROCEDURE:

The Board will require a copy of the Certificate of Amendment to the Articles of Incorporation. Where the name change is as a result of a merger or amalgamation, the Board will require a copy of the Certificate of the Articles of Amalgamation and a copy of the agreement.

Upon receipt of this information the Board will issue an operating licence in the new name.

SUBJECT:

Distribution of Board Decisions/Licences

PROCEDURE:

Copies of the decision/licence etc. will be sent by first class mail to all parties on file. If a respondent is represented by counsel, the decision will be sent to his/her counsel only. In all cases the applicant/licensee etc. will be provided with a copy of the decision. Copies of all decisions will be provided to the Ontario Motor Coach Association.

SUBJECT:

Adjournments

PROCEDURE:

A request for adjournment of a hearing must be in writing, show reasonable cause i.e. illness, unforeseeable events, etc. and be not later than 7 calendar days prior to the date of the hearing.

If the request for adjournment is granted, a fee of $100.00 payable to the Minister of Finance may be levied and is at the discretion of the Board.

SUBJECT:

Application for a hearing into operations and conduct of a licensee pursuant to Section 11 of the Public Vehicles Act.

PROCEDURE:

The following application procedure will apply:

An interested person i.e. a person who has an economic interest in the outcome of the matter, must write and satisfy the Board that there are apparent grounds to hold a hearing for the purpose of determining whether the operation or conduct of a licensee contravenes the statutes, regulations and operating licences.

A copy of the written statement shall be served on the licensee by the interested person. (Service & filing may be effected by hand delivery, mail, courier or facsimile).

Serving means the date received by a party and filing means the date received by the Board.

The Board may order an investigation into the matter by the Ministry of Transportation and the report thereof will be made available to all parties.

The Board may if it considers appropriate, hold a hearing to determine the operation and conduct of the licensee.

Should the Board decide to hold an oral hearing, the nature of the matter will be published in the Ontario Gazette with a fixed hearing date, time and place of the hearing, and a copy of the notice will be served on all parties on file.

Any interested person(s) i.e. a person who has an economic interest in the outcome of the matter may file a statement with the Board and serve it on the applicant at least ten days before the hearing.

All times allotted are fixed and no extension of time will be granted.

At the conclusion of the hearing, the Board if it determines that there has been a contravention may take appropriate action pursuant to subsection 11 (3) of the Public Vehicles Act..

Fees payable: $400.00 per interested person.

SUBJECT:

Application for hearing re: licence suspension, licence cancellation etc. pursuant to Section 10 of the Public Vehicles Act.

PROCEDURE:

The following application procedure will apply:

An interested person i.e. a person who has an economic interest in the outcome of the matter, must write and satisfy the Board that there is apparent grounds to suspend or cancel or impose conditions on a licensee's licence.

A copy of the written statement shall be served on the licensee by the interested person. (Service and filing may be effected by hand delivery, mail, courier or facsimile.)

The Board may, order an investigation into the matter by the Ministry of Transportation and the report thereof will be made available to all parties.

The Board may if it considers appropriate, hold a hearing to determine whether the licence should be suspended or cancelled or conditions imposed on it.

Should the Board decide to hold an oral hearing, the nature of the matter will be published in the Ontario Gazette with a fixed hearing date, time and place of the hearing, and a copy of the notice will be served on all parties on file.

Any interested person(s) i.e. a person who has an economic interest in the outcome of the matter may file a statement with the Board and serve it on the applicant at least ten days before the hearing..

Fees payable: $400.00 per interested person.

SUBJECT:

Application to the Board by a licensee for interpretation of its licence pursuant to Section 8 of the Public Vehicles Act .

PROCEDURE:

The following application procedures will apply:
The holder of an operating licence shall write to the Board stating:

The Board may order an investigation by the Ministry of Transportation into the operation of the licence and the report thereof will be made available to all parties on file.

The nature of the matter will be advertised in the Ontario Gazette.

Any interested person(s) who has an economic interest in the outcome of the matter may file a statement with the Board and serve it on the licensee at least twenty nine days after the date of publication. (Serving and filing of the statement may be effected by hand delivery, mail, courier or facsimile.)

The Board may abridge the time where the situation is warranted.

The statement must outline the interested persons economic interest in the outcome of the matter.

Fees payable to the Minister of Finance as follows:

The Board would consider an oral hearing upon consent of all parties, or if one of the parties were to request the Board to hold an oral hearing and if the Board is of the opinion that a written hearing may not satisfy the requirements of natural justice.

Following the written or oral hearing, the Board may amend the licence to resolve the ambiguity or uncertainty.

SUBJECT:

Procedures for Non-Permanent Authorities pursuant to the Public Vehicles Act and the Motor Vehicle Transport Act.

PROCEDURE:

Special Authority :

A request for Special Authority must be in writing on a form available at the Board. The form may be faxed to the Board at (416-326-6738). The request must indicate:

1. Name of group to be transported.
2. Point of origin and destination of service requested.
3. Dates for which special authority is requested.
4. Copy of current operating licence.
5. Names of existing licensees able to undertake the trip requested, and if they have been contacted to provide the service.
6. Pay appropriate fee.

The Board may grant the special authority if the request indicates an urgent need that no current licensed carrier is able to provide. The authority will be valid for seven days only and may be renewed. Only the holder of an operating licence is eligible to apply for a special authority.

Temporary operating licence

Persons seeking a temporary operating licence must file an application with the Board and pay the appropriate fee. The application must contain a business plan and supporting public evidence indicating an urgent need that no current licensed carrier is able to provide.

The Board will post the application at its premises and notify the Ontario Motor coach Association of the application. Opposition may be filed with the Board by fax within 10 days of posting. The objector must complete a Notice of Objection form, and pay the appropriate fee.

The Board after a written or oral hearing may grant the application if it is ascertained that the licence requested indicates an urgency that cannot be met by any current licensed carrier. Details of temporary applications can be made available at any time by calling (416-326-6732).

SUBJECT:

Application for approval of a proposed issue or transfer of shares that results in an effective change in control of a corporation that holds an operating licence.

PROCEDURE:

The following information will be required:

On receipt of this information, the Board will process the application like any other application for an operating licence. i.e. Practice and Procedure #001.

SUBJECT:

Applications for Transfer of part of an operating licence (Split and Transfer).

PROCEDURE:

All statutes, regulations pertaining to the transfer of an operating licence will apply.

SUBJECT:

Publishing of applications/opposing applications.

PROCEDURE:

All applications for a permanent operating licence including the transfer of an operating licence or the proposed issue or transfer of shares will be published in the Ontario Gazette. Any interested person who has an economic interest in the outcome of these applications may serve and file an objection within 29 days of the publication.

The Board may abridge the time where the situation is warranted.

The objectors shall:

• complete a Notice of Objection Form
• serve the applicant with the objection
• file a copy of the objection and provide proof of service of the objection on the applicant with the Board
• pay the appropriate objection fees
• serving means the date received by a party and filing means the date received at the Board

Serving and filing may be effected by hand delivery, mail, courier or facsimile.

SUBJECT :

Procedures for obtaining a public vehicle/extra provincial/public vehicle (school bus) operating licence including the transfer of an operating licence or the proposed issue or transfer of shares of a corporation that is a licensee.

PROCEDURE:

Pursuant to current legislation, the Board will only hold written hearings on opposed applications unless 1) all parties on file agree to an oral hearing or 2) a party to a hearing requests the Board to hold an oral hearing and if the Board is of the opinion that a written hearing may not satisfy the requirements of natural justice, the Board shall hold an oral hearing for all or any part of the matter. Unopposed applications will be granted to subject to meeting all normal Board requirements.

New forms for the applicant and objectors have been created to facilitate the written hearing process and are available at the Board (tel: 416-326-6732). Diskettes containing these forms are available at the Board at a cost of $25.00 each.

The procedures to obtain an operating licence will be as follows:

Complete the application form in its entirety and pay the appropriate fee. Failure on the part of the applicant to complete the form in total or if the applicant provides incomplete information may lead to delays or be to his detriment as the decision to grant/deny the application may be based on the information on file only.

The application will be published in the Ontario Gazette.

No further written material will be accepted by the Board from the applicant following the publication of the application.

Any interested person who has an economic interest in the outcome of the application may file an objection to the application with the Board within 29 days of the date of publication. A copy of the objection must also be served on the applicant. Serving and filing may be effected by hand delivery, mail, courier, or facsimile. Serving means the date received by a party and filing means the date received by the Board. Forms for this purpose are available at the Board. No further documents or objections to the application will be accepted after 29 days of the date of publication. The objection must be accompanied by the appropriate fee.

The applicant will be given a further 10 days following the 29 day expiry to reply to the objection and shall file it with the Board and serve it on the objector.

The Board may abridge the time where the situation is warranted.

The Board may request such additional information or affidavits from the parties on file before making its decision. This information will be made available to all parties.

Subject to an oral hearing, the Board will grant/deny the application based on the information on file. The decision of the Board will be final and binding and no appeal of the decision is allowed under the statutes. Reasons for Decision may be issued when warranted or on request.