Inspection Station Operators and Qualified Mechanics Regulation

Inspection Station Operators and Qualified Mechanics Regulation, M.R. 58/2006 The Drivers and Vehicles Act , C.C.S.M. c. D104 Regulation 58/2006 Registered February 24, 2006 bilingual version (HTML) Table of Contents Section INTERPRETATION 1 Definitions INSPECTION STATION OPERATORS' AND QUALIFIED MECHANICS' PERMITS 2 Inspection station operator's permit required 3 Qualified mechanic's permit required 4 Application for permit 5 Issuing permit 6 Expiry and transferability 7 Refusal, suspension or cancellation of inspection station operator's permit 8 Refusal, suspension or cancellation of qualified mechanic's permit 9 Procedure re refusal, suspension or cancellation 10 Voluntary cancellation 11 Permit to continue pending renewal 12 Extending time for submission or hearing request 13 Decision to refuse, suspend or cancel 14 Return of permit, certificates, decals on suspension or cancellation 15 Reapplication 16 Appeal GENERAL PROVISIONS 17 Inspection station operator's duty re qualified mechanic 18 Use of name and place of business 19 Information to be provided 20 Notice of change of inspection station operations 21 Distributing inspection certificates and forms 22 Retaining records 23 Missing certificates 24 Inspecting own vehicle COMING INTO FORCE 25 Coming into force INTERPRETATION Definitions 1 The following definitions apply in this regulation. "inspect" means inspect and test and includes re-inspect and retest. (« inspecter ») "inspection regulation" means (a) the Periodic Mandatory Vehicle Inspection Regulation ; (b) Part 3 of the Inspection of Motor Vehicles for Registration Purposes Regulation ; or (c) sections 11 to 13 of the Written-off, Irreparable and Salvageable Motor Vehicles Regulation . (« règlement sur les inspections ») "inspection station" means a facility operated for (a) the inspection of vehicles; and (b) the issuance of inspection certificates or inspection decals in relation to those inspections; under an inspection regulation. (« station d'inspection ») "municipality" includes (a) a local government district; (b) an incorporated community under The Northern Affairs Act ; and (c) in Northern Manitoba as defined in that Act, other than in an incorporated community, the minister responsible for the administration of that Act exercising the powers, rights, privileges and duties that a municipality has within its boundaries under subsection 5(1) of that Act. (« municipalité ») "permit" , in section 4, subsections 5(1), (2) and (4), and sections 6, 9, 10 and 12, means an inspection station operator's permit or qualified mechanic's permit. (« permis ») "qualified mechanic" means a person who (a) inspects vehicles; (b) indicates on an inspection certificate form the items that do not comply with safety standards; or (c) issues an inspection certificate or an inspection decal for a vehicle; under an inspection regulation. (« mécanicien qualifié ») "safety standards" means the standards of safety and repair that a vehicle must meet under the Vehicle Equipment, Safety and Inspection Regulation . (« normes de sécurité ») M.R. 35/2019 ; 115/2025 INSPECTION STATION OPERATORS' AND QUALIFIED MECHANICS' PERMITS Inspection station operator's permit required 2 No person shall operate an inspection station unless he or she (a) holds a valid permit to operate the inspection station issued by the administrator; and (b) displays in a conspicuous place in the inspection station, to which the public has access, (i) the permit, and (ii) any sign required by the administrator depicting the classes of vehicles that are permitted to be inspected in the inspection station. Qualified mechanic's permit required 3 No person shall act as a qualified mechanic unless (a) he or she holds a valid permit to act as a qualified mechanic issued by the administrator; (b) the qualified mechanic's permit is displayed in a conspicuous place in the inspection station to which the public has access; (c) the qualified mechanic is an inspection station operator, or is employed by an inspection station operator, who holds a valid inspection station operator's permit; (d) any vehicle inspected is in a class of vehicles authorized to be inspected in the qualified mechanic's permit and the inspection station operator's permit; and (e) the inspection of the vehicle takes place in an inspection station operated under a valid inspection station operator's permit. Application for permit 4 An application for a permit or renewal of a permit must be in the form and contain the information required by the administrator and be accompanied by the charge specified in the Charges for Licences, Registrations, Permits and Other Services Regulation . Issuing permit 5(1) The administrator may issue a permit to an applicant who is entitled to it. 5(2) No person other than an individual may hold a qualified mechanic's permit. 5(3) It is a condition of an inspection station operator's permit that the operation of the inspection station be under the management and control of the permit holder. 5(4) A permit may be issued subject to any other terms or conditions that the administrator considers appropriate and sets out or refers to in the permit. Expiry and transferability 6(1) A permit expires on the day, if any, set out in it. 6(2) A permit is not transferable. Refusal, suspension or cancellation of inspection station operator's permit 7(1) Subject to sections 9 and 13, the administrator may refuse to issue an inspection station operator's permit to an applicant who does not hold an inspection station operator's permit if the administrator is satisfied that (a) the past conduct of the applicant or, if the applicant is a corporation, of its officers or directors affords reasonable grounds to believe that the applicant will not operate the inspection station according to law and with integrity and honesty; (b) the proposed inspection station or its operation would contravene (i) The Drivers and Vehicles Act , The Highway Traffic Act or a regulation under either of those Acts, or (ii) any other Act or regulation or any by-law or resolution of a municipality in relation to its establishment or location; (c) the applicant is not competent to operate an inspection station; (d) the applicant's equipment and facility are not suitable for the conduct of the inspections under the inspection regulations of vehicles that are of a type for which application for authorization has been made; or (e) sufficient reason exists to do so. 7(2) Subject to sections 9 and 13, the administrator may refuse to renew, or may suspend or cancel, an inspection station operator's permit if (a) any person has made a false statement (i) in the application for the permit or renewal of the permit, (ii) on an inspection certificate form or inspection certificate issued by a qualified mechanic in relation to an inspection that took place at the inspection station, or (iii) in any information required to be provided under this regulation; (b) any inspection authorized by the permit is incompetently performed; (c) the permit holder is in breach of a term or condition of the permit; (d) the permit holder does not comply with (i) The Drivers and Vehicles Act , The Highway Traffic Act or a regulation under either of those Acts, or (ii) any other Act or regulation or any by-law or resolution of a municipality in relation to its establishment or location; (e) the inspections that can be performed in the inspection station are misrepresented; (f) a change in the officers or directors of a corporation that holds a permit would afford grounds for refusing to issue a permit under clause (1)⁠(a); or (g) sufficient reason exists to do so. Refusal, suspension or cancellation of qualified mechanic's permit 8(1) Subject to sections 9 and 13, the administrator may refuse to issue a qualified mechanic's permit to an applicant who does not hold a qualified mechanic's permit if the administrator is satisfied that (a) the past conduct of the applicant affords reasonable grounds to believe that he or she will not conduct the inspections according to law and with integrity and honesty; (b) the applicant is not competent to perform the inspections under the inspection regulation for which application is made; or (c) sufficient reason exists to do so. 8(2) Subject to sections 9 and 13, the administrator may refuse to renew, or may suspend or cancel, a qualified mechanic's permit if (a) the qualified mechanic has made a false statement (i) in the application for the permit or renewal of the permit, (ii) on an inspection certificate form or inspection certificate issued by the qualified mechanic in relation to an inspection that took place at the inspection station, or (iii) in any information that the qualified mechanic is required to provide under this regulation; (b) any inspection authorized by the permit is incompetently performed by the permit holder; (c) the permit holder is in breach of a term or condition of the permit; (d) the permit holder does not comply with this regulation or, if applicable, the Periodic Mandatory Vehicle Inspection Regulation ; or (e) sufficient reason exists to do so. Procedure re refusal, suspension or cancellation 9(1) When the administrator proposes to refuse to issue or renew a permit or proposes to suspend or cancel a permit, the administrator must give a notice of proposal to the applicant or permit holder stating (a) the nature of the proposal and the reasons for it; (b) that the person has a right to make a written submission in response to the notice within the time specified in the notice; and (c) that the applicant or permit holder is entitled to a hearing by the administrator if he or she contacts the administrator, within the time specified in the notice, to arrange a date and time for a hearing. 9(2) When in the administrator's opinion it is necessary for the immediate protection of the interests of members of the public, the administrator may, without notice, provisionally suspend or refuse to renew a permit. After doing so the administrator must give a notice to a permit holder stating (a) the reason for the provisional refusal to renew or suspension; (b) that the person has a right to make a written submission in response to the notice within the time specified in the notice; (c) that the applicant or permit holder is entitled to a hearing by the administrator if he or she contacts the administrator, within the time specified in the notice, to arrange a date and time for a hearing; and (d) that, if the applicant or permit holder does not make a written submission or arrange for a hearing, the permit will not be renewed or will be cancelled or further suspended. 9(3) A notice under subsection (1) or (2) must be given to the person (a) by personal service; or (b) by mailing or delivering it to the person at his or her last known address as shown in the records maintained by the administrator, using a mail or delivery service that provides the administrator with an acknowledgment of receipt. 9(4) Evidence that a notice was mailed or delivered in accordance with clause (3)⁠(b) and that the administrator received an acknowledgment of its receipt is proof, in the absence of evidence to the contrary, that the notice was received by the person to whom it was addressed. 9(5) When an applicant or permit holder does not make a written submission or contact the administrator to arrange for a hearing, the administrator may carry out the proposal stated in the notice under subsection (1) or take any action mentioned in clause (2)⁠(d). 9(6) An applicant or permit holder who contacts the administrator within the time specified in the administrator's notice is entitled to a hearing by the administrator at the time and place that the administrator agrees to. Voluntary cancellation 10 The administrator may cancel a permit on the written request of the permit holder and the surrender of the permit. Permit to continue pending renewal 11 In any case other than that referred to in subsection 9(2), if a permit holder applies for renewal of the permit before it has expired, the permit continues (a) until it is renewed; or (b) if the administrator has given a notice under subsection 9(1), (i) until the specified time for making a written submission or contacting the administrator to arrange a hearing has expired, or (ii) until the administrator has made his or her decision after considering a written submission or holding a requested hearing. Extending time for submission or hearing request 12 The administrator may extend the time for making a written submission or contacting the administrator to arrange a hearing under section 9 either before or after the time specified in his or her notice. Decision to refuse, suspend or cancel 13(1) After considering a written submission or holding a hearing, the administrator may do one or more of the following: (a) carry out the proposal or refrain from doing so; (b) confirm a refusal to renew or a suspension of a permit, and cancel or further suspend the permit; (c) issue or renew a permit; (d) vary the conditions of the permit or take any other action that the administrator considers that he or she ought to take to give effect to the purposes of this Part. 13(2) The administrator may attach any conditions to the decision that he or she considers appropriate to give effect to the purposes of this Part. 13(3) The administrator must as soon as reasonably practicable (a) give a copy of the decision to the applicant or permit holder; and (b) when requested, give the applicant or permit holder reasons for the decision. Return of permit, certificates, decals on suspension or cancellation 14(1) An inspection station operator who is given a notice under subsection 9(2), who is given a copy of a decision under subsection 13(3) that his or her permit is not renewed or is suspended or cancelled under subsection 13(1), who is notified that his or her request under section 10 has been granted or who ceases to carry on business as an inspection station operator must without delay return the following items to the administrator: (a) the inspection station operator's permit; (b) any unissued inspection certificate forms and inspection decals; (c) any sign that depicts the classes of vehicles that may be inspected in the inspection station and that is required to be displayed by the administrator; (d) any records maintained by the permit holder, as requested by the administrator. 14(2) A qualified mechanic who is given a notice under subsection 9(2), who is given a copy of a decision under subsection 13(3) that his or her permit is not renewed or is suspended or cancelled under subsection13(1) or who is notified that his or her request under section 10 has been granted must without delay return his or her qualified mechanic's permit to the administrator. 14(3) If a person fails to comply with subsection (1) or (2), the administrator may cause a peace officer or another person authorized by the administrator to recover possession of the permit. Reapplication 15 After a refusal or cancellation of a permit, a further application for a permit may be made if there is new evidence or it is clear that the material circumstances have changed. Appeal 16 An applicant or permit holder may appeal to the appeal board from a decision of the administrator under this Part by filing with the appeal board a notice of appeal in the form required by the appeal board. This section does not apply to a decision under subsection 9(2) to provisionally refuse to renew a permit or provisionally suspend a permit. GENERAL PROVISIONS Inspection station operator's duty re qualified mechanic 17 No inspection station operator shall allow a person to act as a qualified mechanic unless (a) the person holds a valid qualified mechanic's permit; (b) the vehicle inspected is in a class of vehicles authorized in the inspection station operator's permit and the qualified mechanic's permit; and (c) any inspection performed by the person takes place in the inspection station. Use of name and place of business 18 An inspection station operator must not operate the inspection station (a) in a name other than the name shown in his or her inspection station operator's permit; or (b) at a location other than the facility at the location approved by the administrator. Information to be provided 19 When the administrator gives a written notice to an inspection station operator or qualified mechanic, the inspection station operator or qualified mechanic must without delay provide the administrator with the information required in the notice. Notice of change in inspection station operations 20(1) An inspection station operator must, not later than five days after the event, notify the administrator in writing of (a) any change in the officers or directors of an inspection station operator that is incorporated or the members of an inspection station operator that is a partnership; or (b) any change of the persons employed as qualified mechanics by an inspection station operator. 20(2) An inspection station operator must, not later than five days after having ceased to carry on business as an inspection station operator, notify the administrator in writing of the cessation of that business. Distributing inspection certificates and forms 21 An inspection station operator must ensure that the copies (a) of a completed inspection certificate under an inspection regulation; and (b) of an inspection certificate form under an inspection regulation (i) that is voided, or (ii) that relates to a vehicle that failed an inspection and fails to pass a re-inspection within the time required under the inspection regulation; are distributed in the manner authorized by the administrator. Retaining records 22(1) An inspection station operator must, at the inspection station, retain the inspection station operator's copy of the inspection certificates and copies of the supporting documents required by the administrator or the inspection station operator's copy of inspection certificate forms as follows: (a) for inspections, other than body integrity inspections under the Written-off, Irreparable and Salvageable Motor Vehicles Regulation , each completed inspection certificate and the supporting documents relating to it, and each inspection certificate form under an inspection regulation in relation to a vehicle that failed an inspection and fails to pass a re-inspection within the time required under the inspection regulation, for a period of not less than two years after the inspection started; (b) for body integrity inspections under the Written-off, Irreparable and Salvageable Motor Vehicles Regulation , each completed body integrity inspection certificate and the supporting documents relating to it, and each body integrity inspection certificate form in relation to a motor vehicle that failed an inspection and fails to pass a re-inspection within the time required under that regulation, for a period of not less than five years after the inspection started. 22(2) An inspection station operator must, at the inspection station, retain (a) each voided inspection certificate form under an inspection regulation for a period of not less than two years after it is voided; and (b) each voided body integrity inspection certificate form under the Written-off, Irreparable and Salvageable Motor Vehicles Regulation for a period of not less than five years after it is voided. Missing certificates 23(1) If an unissued inspection certificate form that was in the possession of an inspection station operator is missing or destroyed, the inspection station operator must promptly report that fact, the surrounding circumstances and the identification number of the certificate to the administrator. 23(2) If a report is made to the administrator under subsection (1) and the missing unissued inspection certificate form comes into the possession of the inspection station operator who made the report, the inspection station operator must, as soon as possible, send the certificate to the administrator. Inspection of own vehicle 24 A qualified mechanic must not inspect, or issue an inspection certificate or inspection decal for, his or her own vehicle except with the approval in writing of the administrator. COMING INTO FORCE Coming into force 25 This regulation comes into force on the same day that The Drivers and Vehicles Act , S.M. 2005, c. 37, Schedule A, comes into force.