Modernizing Ontario’s Vehicle Inspection Program & integrating safety and emissions inspections for commercial vehicles

ERO number
019-4277
Notice type
Regulation
Act
Highway Traffic Act, R.S.O. 1990
Posted by
Ministry of Transportation
Notice stage
Decision Updated
Decision posted
Comment period
September 8, 2021 - November 9, 2021 (62 days) Closed
Last updated

Update Announcement

Ministry of Transportation is extending the consultation period by two weeks to provide more time to collect your feedback.

March 22, 2022

This consultation was open from:
September 8, 2021
to November 9, 2021

Decision summary

MTO is replacing the current Motor Vehicle Inspection Station (MVIS) program with a contractual model. The program is transitioning to a multi-year contract between the ministry and service stations/garages offering Emission Inspection, Safety Standard, Periodic Mandatory Commercial Vehicle Inspection (PMCVI) and Structural Inspection Certificates.

Decision details

To achieve the MTO’s objectives of a modern, digitized program that is streamlined and efficient for users, the ministry has developed a four-phase implementation strategy to transition from the current MVIS program to the new Vehicle Inspection Centre (VIC) model.

Targeted transition timeline from the current MVIS to VIC:

  • July 1, 2022- emissions testing centres
  • Late 2022 until the summer 2023 - inspection stations that perform annual and semi-annual inspections on heavy duty vehicles, e.g. trucks and buses
  • Late 2022 to fall 2023 - non-commercial inspection stations
  • Fall 2023 – structural inspection stations

The government has proclaimed changes to the following legislation:

  • Transportation Statute Law Amendment Act (Making Ontario’s Roads Safer), 2015 - Providing for the replacement of the current by the new vehicle inspection centre system.
  • Better for People, Smarter for Business Act, 2019 - Revoked sections of the Environmental Protection Act (EPA) dealing with motor vehicle emissions and add sections to the Highway Traffic Act (HTA), including additional provisions related to tampering.

The ministry has also made the following regulatory amendments:

  • Created a Vehicle Inspection regulation.
  • Required Commercial Motor Vehicles (CMV) to pass a PMCVI or Integrated PMCVI inspection before the vehicle permit is issued or renewed for both used and new vehicles.
  • Created a regulation setting out detailed rules on vehicle emissions that reflect requirements currently addressed in the EPA which are now in the HTA. The previous regulatory requirements of the emissions inspection program found in the EPA will be addressed in directives issued under the HTA.
  • The HTA regulations also introduces new requirements in the emission regulation, i.e. Regulation 73/94 under the Environmental Bill of Rights Act, 1993 (EBR) requires that proposed amendments by MTO to its new vehicle emissions regulation must be posted on the Environmental Registry of Ontario.

The new regulations also include enhanced anti-tampering measures:

  • Prohibit tampering, or allowing to be tampered with, all or part of a motor vehicle’s emission control system and/or the vehicle itself in a way that increases emissions.
  • Prohibit anyone from driving, or allowing to be driven, a vehicle that does not meet the emissions standards and,
  • Ban the selling of or offering for sale a system or device designed to tamper the emission control systems or increase vehicle emissions.
  • Introduce fines with a range from not less than $400 and not more than $20,000.

Current MVIS participants will be allowed to operate under the previous framework, including:

  • Issuing PMCVI certificates until August 1, 2023; and
  • Issuing Safety Standards and Structural Inspection Certificates until December 31, 2023.

The ministry will fully phase out the MVIS program as of December 31, 2023, by not renewing MVIS licenses after that date. Stations will continue to be required to maintain records for a one-year period.

These changes reflect the modernization of emissions control systems on modern vehicles, as well as related inspection technology.  Minimal to no additional cost-related impacts are anticipated for well-maintained vehicles in the regulated community (owners/operators of heavy diesel commercial vehicles and buses) that are in compliance with the current emission regulation.

Comments received

Through the registry

68

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

Based on the feedback received through the registry and in other discussions with stakeholders and interested parties, MTO has made two key changes to the original proposal.

With respect to the mandatory integration of the commercial vehicle safety and emission inspection processes to create a “one test, one result”, the new rules will give fleets the flexibility to complete an annual or semi-annual inspection independently from the emissions test or at the same time, provided that at the time of registration or renewal, both inspections are considered current within the timeframes outlined in the regulations. This is to address a need for operational flexibility that stakeholders identified.

The original proposal also included a provision to transition to a model where only 310T mechanics could perform the emissions inspections. This was a result of the “one test, one result” approach being proposed. The regulations will now allow emissions technicians certified under the Ministry of Environment, Conservation and Parks (MECP) program and the Vehicle Inspection Centre program to be able to continue to deliver the emissions testing provided that they take training on the new program requirements, including data collection to ensure that the demand for tests can be met during the transitional period. Once the program is operational, the ministry will undertake a review as to whether any changes to certification are required (i.e., should the emissions test be conducted by a 310T mechanic).

Other comments received with respect to vehicle emissions inspection requirements included concerns about tightened smoke opacity standards; additional visual component checks on emission systems; and use of on-board diagnostic technology. The comments were considered, and the decision was made to implement the proposed emissions inspection changes outlined in the posting as they align with manufactured emission equipment standards.

Supporting materials

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Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Carrier Program Development Office
Address

Garden City Tower 3rd Flr, 301 St. Paul St.
St Catharines, ON
L2R 7R4
Canada

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Original proposal

ERO number
019-4277
Notice type
Regulation
Act
Highway Traffic Act, R.S.O. 1990
Posted by
Ministry of Transportation
Proposal posted

Comment period

September 8, 2021 - November 9, 2021 (62 days)

Proposal details

MTO is proposing to implement changes to the Highway Traffic Act (HTA) to support a new Vehicle Inspection Program. Details for how program changes will impact vehicle owners and stations currently performing emissions and/or safety inspections can be found in the attached document intitled The NEW Vehicle Inspection Program.

To achieve the ministry’s objectives of a modern, digitized program that is streamlined and efficient for users, the ministry will:

  • Proclaim provisions from the Transportation Statute Law Amendment Act (Making Ontario’s Roads Safer), 2015:
    • Replacing the current MVIS program with the new Vehicle Inspection Program,
    • Permit the new inspection program to be delivered through a contract between an inspection centre and ministry, and
    • Proclaim provisions that limit vehicle brand change requests to the ministry.
  • Create a Vehicle Inspection regulation that will:
    • Introduce a new emissions inspection fee and interim certificate that can only be issued by a Vehicle Inspection Centre.
    • Require all inspections to be completed by qualified Ontario College of Trades technicians and permit the refusal/revocation of technicians.
      • Currently certified emission technicians may continue to perform emission tests.
    • Permit MVIS participants to operate under current requirements (Regulation 611/601):
      • Issuing Periodic Mandatory Commercial Vehicle Inspection (PMCVI) certificates until Aug 1, 2023.
      • Issuing Safety Standards and Structural Inspection Certificates until Dec 31, 2023.
    • Fully phase out the MVIS program as of Dec 31, 2023 by not renewing MVIS licenses after that date.  Stations will continue to be required to maintain records for a 1-year period.
  • Amend HTA Regulation 628 to require that Commercial Motor Vehicles (CMV) pass a PMCVI inspection before the vehicle permit is issued or renewed for both used and new vehicles.
  • Proclaim provisions from the Better for People, Smarter for Business Act, 2019:
    • The amendments repeal sections dealing with motor vehicle emissions from the Environmental Protection Act (EPA) and add sections addressing emissions to the HTA.
    • Provide for the regulation of on-road vehicle emissions standards under the HTA and prohibit tampering or the sale of tampering devices.
  • Create a regulation setting out detailed rules on vehicle emissions that reflect requirements currently addressed in the EPA, including:
    • Prohibiting vehicle operation when:
      • The On-Board Diagnostic system indicates a malfunction for CMV’s with a vehicle weight of 6350kg or less,
      • There is visible smoke for 5 seconds within a 1-minute time frame, and
      • There are missing or damaged emission systems or components.
    • Requiring assembled vehicles to have the required emission systems/devices to prevent/lessen discharge or emission of pollutants.
    • Establishing smoke opacity thresholds:
      • 20% for all CMV’s 2008 – 2010
      • 30% for all CMV’s 1991 – 2007
      • 40% for CMV’s 1990 and older (if vehicle not a school bus)
      • 30% for school buses (1990 and older)
  • Introduce new requirements in the HTA emission regulation, specifically:
    • Enhancing emission requirements by introducing a smoke opacity standard of 10% for all CMV’s 2011 and newer subject to inspection.
    • The new regulation supports section 75.1 of the HTA setting out specific emissions rules applicable to driver, operators, and owners of vehicles.  It provides definitions to support the anti-tampering provision of the legislation and prohibits drivers/owners from operating a vehicle that has been tampered with.
  • Make consequential amendments to regulations identified in the attached document, including:
    • Regulation 73/94 under the Environmental Bill of Rights (EBR), 1993 to require the posting on the Environmental Registry of Ontario of proposed amendments by MTO to its new vehicle emissions regulation.

The current regulatory requirements of the emissions inspection program found in the EPA will be addressed in directives issued under the HTA. Additions for the new inspection will reflect the modernization of emissions control systems on modern vehicles, as well as related inspection technology.  Minimal to no additional cost-related impacts are anticipated for well maintained vehicles in the regulated community (owners/operators of heavy diesel commercial vehicles/buses) that are in compliance with the current emission regulation

Supporting materials

View materials in person

Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Carrier Program Development Office
Address

Garden City Tower 3rd Flr, 301 St. Paul St.
St Catharines, ON
L2R 7R4
Canada

Comment

Commenting is now closed.

This consultation was open from September 8, 2021
to November 9, 2021

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