CHARGES FOR TOWING AND VEHICLE STORAGE SERVICES

CONTENTS 1. Interpretation 2. Membership fees 3. Form — content and updates 4. Maximum rate schedule 5. Towing services, general 6. Intermediate towing services 7. Advanced towing services 8. No charge for specified towing services 9. Vehicle storage services 10. No charge for specified vehicle storage services 11. Unreasonable amount, criteria 12. Unreasonable amount, notice 13. Payment Interpretation 1. In this Regulation, “advanced towing service” means a towing service that meets at least one of the following criteria: 1. The motor vehicle being towed is not in an upright position. 2. The motor vehicle being towed is on a surface that is not designed for use by or normally used by motor vehicles. 3. More than one tow truck must be used in order to provide the towing service. 4. Specialized vehicles, equipment or labour that are in addition to the tow truck, its equipment and its driver must be used in order to provide the towing service;(“service de remorquage avancé”) “basic towing service” means a towing service that is not an intermediate or advanced towing service; (“service de remorquage de base”) “business day” means Monday to Friday, excluding holidays; (“jour ouvrable”) “intermediate towing service” means a towing service that is not an advanced towing service and that meets at least one of the following criteria: 1. The motor vehicle being towed is disabled as a result of a collision. 2. The motor vehicle is being towed at the direction of a police officer or an inspector. 3. The total time required to complete the combination of the following activities exceeds the amount of time specified by the Director on the Form as the typical amount of time to complete the activities: i. Clearing debris, fallen cargo or spilled material from a highway. ii. Mechanical preparation, securing or covering of the motor vehicle before towing; (“service de remorquage intermédiaire”) “maximum rate” means the maximum amount to be charged by an operator for a towing service or vehicle storage service or for any related or ancillary services; (“taux maximal”) “maximum rate schedule” means a list of all maximum rates in respect of the services that an operator provides; (“barème des taux maximaux”) “Maximum Rate Schedule Form” or “Form” means the form described in section 3; (“Formulaire du barème des taux maximaux”, “Formulaire”) “regular business hours” means the period between 8 a.m. and 6 p.m. on a business day and the period between 9 a.m. and 12 p.m. on a Saturday that is not a holiday. (“heures d’ouverture normales”) O. Reg. 115/25, s. 1. Membership fees 2. For greater certainty, any amount charged by a tow operator for membership in an automobile club association is not considered an amount charged for a towing service or for any related or ancillary services and shall not be included in any of the maximum rates set out in the operator’s maximum rate schedule. Form — content and updates 3. (1) The Director shall make available on a website of the Government of Ontario a form entitled “Maximum Rate Schedule Form” that complies with sections 5 to 7 and 9. O. Reg. 162/23, s. 3 (1); O. Reg. 115/25, s. 2. (2) The Director shall give written notice of any amendments to the form to every tow operator and vehicle storage operator. O. Reg. 162/23, s. 3 (2). (3) If an operator’s maximum rate schedule sets out one or more maximum rates that no longer accord with the most recently amended form, the operator shall, within the time period specified in the notice given under subsection (2), submit an updated maximum rate schedule to the Director using the most recently amended form. O. Reg. 162/23, s. 3 (3). Maximum rate schedule 4. (1) When submitting amounts to the Director under subsection 28 (3) of the Act, an operator must submit their maximum rate schedule using the Maximum Rate Schedule Form. O. Reg. 115/25, s. 3. (2) The following rules apply in respect of an operator’s maximum rate schedule: 1. It must not set out a service other than the services set out on the Form. 2. It must not set out more than one maximum rate in respect of a service. 3. It must not set out a rate structure, such as a flat rate, a minimum rate, an hourly rate or a daily rate, in respect of a service that is different from the rate structure set out on the Form in respect of the service. O. Reg. 115/25, s. 3. (3) For greater certainty, no maximum rate schedule shall set out different maximum rates for different persons in respect of the same service. O. Reg. 115/25, s. 3. (4) If an operator wishes to change or is required to change one or more of the maximum rates in a maximum rate schedule, the operator shall submit an updated maximum rate schedule to the Director. O. Reg. 115/25, s. 3. Towing services, general 5. (1) No towing services other than the following shall be set out on the Maximum Rate Schedule Form: 1. Basic towing services. 2. Intermediate towing services. 3. Advanced towing services. O. Reg. 115/25, s. 3. (2) Despite subsection (1), the Director may divide the towing services set out in that subsection into separate services on the Form in accordance with subsection (3) and sections 6 and 7, but shall not otherwise divide those towing services into separate services. O. Reg. 115/25, s. 3. (3) The Director may divide any of the towing services set out in subsection (1) into separate services on the Form based on the following criteria: 1. The type, capacity and characteristics of the tow truck used to tow the motor vehicle. 2. The weight and characteristics of the motor vehicle being towed. 3. The distance the motor vehicle is towed. 4. The geographic region in which the towing service is provided. 5. The time of day at which the tow truck is dispatched to provide the towing service, including whether the tow truck is dispatched outside of regular business hours. 6. The distance the tow truck travels to reach the motor vehicle requiring the towing service. 7. The crossing of an international border while providing the towing service. 8. The use of a toll highway, toll bridge or toll ferry while providing the towing service. 9. The use of a tow-specific permit. O. Reg. 115/25, s. 3. (4) The only services ancillary or related to towing services that may be set out on the Form are the services set out in sections 6 and 7. O. Reg. 115/25, s. 3. (5) In this section, “tow-specific permit” means a permit or other legal authorization required in order to provide a particular, one-time towing service because an aspect of the towing service, such as the motor vehicle being towed exceeding a dimension or weight limit, gives rise to a requirement under an Act to obtain such a permit or other legal authorization. O. Reg. 115/25, s. 3. Intermediate towing services 6. (1) The Director may further divide intermediate towing services into separate services on the Maximum Rate Schedule Form based on the following ancillary activities performed as part of the intermediate towing service: 1. Preparing the motor vehicle for towing, including making mechanical adjustments and securing or covering the motor vehicle. 2. Clearing debris, fallen cargo or spilled material from a highway. 3. Using single-use materials, products or devices to clear the highway, make the location of the towing service visible to drivers or secure the motor vehicle and its contents. 4. Being on stand-by at any of the following locations: i. The scene of a collision or other incident, if the tow truck driver is instructed by emergency personnel to do so. ii. A collision reporting centre, if the tow truck driver is instructed by emergency personnel or an employee or representative of the collision reporting centre to do so. iii. Any location, if the tow truck driver is instructed by a police officer or an inspector to do so. O. Reg. 115/25, s. 3. (2) If a tow operator’s maximum rate schedule sets out an ancillary activity described in paragraph 3 of subsection (1), the maximum rate in respect of that towing service shall not exceed 1.15 times the cost of the single-use materials, products or devices. O. Reg. 115/25, s. 3; O. Reg. 249/25, s. 1. (3) Towing a motor vehicle to a location described in subparagraph 4 ii or iii of subsection (1) and then to a subsequent destination is deemed to be providing a single towing service. O. Reg. 115/25, s. 3. Advanced towing services 7. (1) The Director may further divide advanced towing services into separate services on the Maximum Rate Schedule Form based on the performance of any of the ancillary activities described in paragraphs 1 to 3 of subsection 6 (1) and the use of any of the following: 1. Additional tow trucks. 2. Specialized vehicles, equipment or labour that are in addition to the tow truck, its equipment and its driver. 3. Services to prepare the motor vehicle for towing. 4. Labour that is in addition to the labour of the tow truck driver. 5. Any other services or equipment requested by emergency personnel. 6. Third party services to provide any thing described in paragraphs 1 to 5. O. Reg. 115/25, s. 3. (2) If a tow operator’s maximum rate schedule sets out a towing service described in paragraph 6 of subsection (1), the maximum rate in respect of that towing service shall not exceed 1.15 times the amount charged to the tow operator by the third party. O. Reg. 115/25, s. 3. (3) A third party is deemed not to be a tow operator in the circumstance where the third party provides a towing service to a person on behalf of a tow operator, the tow operator charges the person for the towing service and the third party does not charge the person for the towing service. O. Reg. 115/25, s. 3. (4) In this section, “third party” means, in respect of a tow operator, a person who is not the tow operator and who is not related to the tow operator. O. Reg. 115/25, s. 3. (5) For the purposes of the definition of “third party” in subsection (4), a person is related to a tow operator if, (a) the person is an individual who is a relative of the tow operator; (b) the person is a partner of the tow operator, a previous partner of the tow operator, or has or has had partners in common with the tow operator; (c) the person, directly or indirectly, controls or controlled or manages or managed the tow operator; (d) the person is or has been, directly or indirectly, controlled or managed by the tow operator; (e) the person has or has had officers or directors in common with the tow operator; or (f) the person is or has been controlled, directly or indirectly, by the same person that controls or controlled the tow operator. O. Reg. 115/25, s. 3. No charge for specified towing services 8. (1) No tow operator shall charge an amount in respect of any of the following services: 1. Any portion of a towing service that involves travelling a distance that is unreasonable in the circumstances to reach a motor vehicle requiring a towing service. 2. Any portion of a towing service or a related or ancillary service that takes longer than usual because of defects associated with the tow truck or inefficiencies caused by the actions of the tow operator or tow truck driver. 3. Any portion of a towing service that involves being on stand-by for the purpose of inspecting or taking enforcement action in respect of the tow truck or tow truck driver, including any time spent in triage or queue, even if a motor vehicle is in tow. 4. Services, including equipment and resources used to provide a service, that are unnecessary for a towing service being provided. O. Reg. 115/25, s. 3. (2) The following services that are ancillary to or related to towing services shall not be subject to a charge: 1. Transporting the driver and any passengers of a towed motor vehicle in the tow truck to the destination of the tow or other drop-off location. 2. Allowing the driver or any passenger of a towed motor vehicle to have access to it while providing towing services. 3. Changing the destination of a tow, other than an amount related to the change in distance that a motor vehicle is towed if the destination is changed. 4. Retrieving a motor vehicle from a vehicle storage yard facility for the purpose of releasing it to a person who is picking it up at the vehicle storage yard facility. 5. Preparing invoices, consents or other administrative services related to the towing services. O. Reg. 115/25, s. 3. Vehicle storage services 9. (1) No vehicle storage services other than the following shall be set out on the Maximum Rate Schedule Form: 1. Outdoor storage of motor vehicle. 2. Indoor storage of motor vehicle. O. Reg. 115/25, s. 3. (2) Despite subsection (1), the Director may divide the vehicle storage services set out in that subsection into separate services on the Form based on the following criteria, but shall not otherwise divide those services into separate services: 1. The dimensions, condition and characteristics of the motor vehicle. 2. The geographic region in which the vehicle storage service is provided. O. Reg. 115/25, s. 3. (3) The only service ancillary or related to vehicle storage services that may be set out on the Form is the service of providing access to or release of a stored motor vehicle outside of regular business hours. O. Reg. 115/25, s. 3. (4) Despite subsection (3), a vehicle storage operator shall not charge an amount in respect of providing access to or release of a stored motor vehicle when the vehicle storage yard facility is open for business. O. Reg. 115/25, s. 3. No charge for specified vehicle storage services 10. (1) No vehicle storage operator shall charge an amount in respect of any of the following services: 1. Any portion of a vehicle storage service or a related or ancillary service that takes longer than usual because of defects associated with the vehicle storage yard facility or inefficiencies caused by the actions of the vehicle storage operator. 2. Services, including equipment and resources used to provide a service, that are unnecessary for the vehicle storage service being provided. O. Reg. 115/25, s. 3. (2) The following services that are ancillary to or related to vehicle storage services shall not be subject to a charge: 1. Preparing or cleaning storage spaces in a vehicle storage yard facility. 2. Moving a motor vehicle within a vehicle storage yard facility, between vehicle storage yard facilities or to any other location, unless the move is requested by the owner or operator of the motor vehicle. 3. Retrieving a motor vehicle from a vehicle storage yard facility for the purpose of releasing it to a person who is picking it up at the vehicle storage yard facility. 4. Preparing invoices, consents or other administrative services related to the vehicle storage services. O. Reg. 115/25, s. 3. Unreasonable amount, criteria 11. When determining whether an amount in respect of a service is unreasonably high for the purposes of subsection 28 (7) of the Act, the Director shall consider the following criteria: 1. The amounts charged by other operators in the same geographic region in respect of comparable services. 2. Any previous amounts charged in respect of comparable services by: i. The operator. ii. Other operators in the same geographic region. 3. The amounts charged in respect of comparable services by persons authorized to provide towing services in, i. restricted towing zones under Ontario Regulation 325/21 (Pilot Project — Restricted Towing Zones) made under the Highway Traffic Act, or ii. restricted towing zones under section 41 of the Towing and Storage Safety and Enforcement Act, 2021. 4. The time and labour required to provide the service. 5. The level of skill and expertise required to provide the service. 6. The type of equipment required to provide the service. 7. The importance of the service being available to members of the public with limited means. O. Reg. 115/25, s. 3, 4. Unreasonable amount, notice 12. (1) A notice given under subsection 28 (7) of the Act shall include written reasons setting out why, in the opinion of the Director, the amount submitted by the operator in respect of the service is unreasonably high. O. Reg. 115/25, s. 3. (2) If a notice given under subsection 28 (7) of the Act includes an amount under clause 28 (7) (b) of the Act, the Director shall publish the amount on the list mentioned in subsection 28 (6) of the Act as if it were the amount submitted by the operator in respect of the service under subsection 28 (3) of the Act. O. Reg. 115/25, s. 3. Payment 13. (1) Every tow operator and vehicle storage operator shall accept the following methods of payment in respect of the towing services and vehicle storage services they provide: 1. Commonly accepted credit cards. 2. Commonly accepted debit cards. 3. Contactless payment made using mobile devices. 4. Cash. O. Reg. 115/25, s. 3. (2) No tow truck driver, tow operator or vehicle storage operator shall coerce or induce or attempt to coerce or induce a person to use one accepted payment method over another. O. Reg. 115/25, s. 3. (3) Every tow operator and vehicle storage operator shall ensure that every person managed, supervised or directed by the operator in the offer of or provision of towing services or vehicle storage services accepts the methods of payment set out in subsection (1). O. Reg. 115/25, s. 3.