A very sad day in towing history.
Without the knowledge of almost 3,000 yellow pages advertised towing companies in Ontario.
On Wednesday June 4, 2008 a Private Members Bill was tabled at the Provincial Legislature to REGULATE THE TOWING INDUSTRY which is described as the TOWING INDUSTRY ACT 2008.
Who put this bill forward, the Provincial Towing Association, the Ontario Recovery Group and the newly formulated Towing Council of Ontario. This was done without any prior knowledge of its majority membership or any consultation. They have since faxed 400 companies out 3000 possibly that require this information.
I received knowledge of this bill and proposed legislation from my competitor. I contacted the association and I was informed that since I was not a member that they have no requirement to inform me of anything, although I am a major player and stakeholder. On July 16, 2008 I attended the information session, I was informed upfront that I could not voice my opinion or ask questions unless I was a paid member. I then out of force became a member.
I asked why the other companies where not faxed, the response was simple "its not our job to fax non members of the association". "Mass faxes are expensive and it would use members money".
The heart of any association is for the betterment of the overall group and the industry. Since these effects every person in the industry and the association has put bill forward which would give it unlimited power over everyone, I feel that they have a moral obligation to inform the industry.
Background, where did this all start? Apparently someone had a copy of internal memo indicating that the provincial police would try to regulate the industry. Why would anyone have an internal memo from the police department, if such an emergency situation was to occur should they not have contacted the operators of Ontario?
I think it will the first time that the Ontario government considers giving unlimited power to a for profit organization. This new bill if passed gives Towing Alliance unlimited power over very towing operator in the province of Ontario. In order for them to fulfill their own mandate of having on road inspectors and auditors they will require a huge amount of capital fund this. Where will the funds come from, from the fees and annual renewal fees that we will be required to pay on an annual basis.
The Towing Alliance will generate all fee and revenues from every operators who whishes to conduct business in Ontario. At this point this is a for profit organization.
I encourage you to read the bill 87, and formulate your opinion.
If you support it contact your local member of parliament, if you do not support it then also contact your member of parliament.
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Bill 87 |
My view |
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3. (1) No person shall carry on a towing business unless the person is registered as an operator under this Act |
You must register with the Towing Council of Ontario, pay whatever fees or you are out of the towing business. Your fees paid help people put you out of work. |
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(2) No person shall operate or permit another person to operate a tow truck for the purpose of carrying on a towing business unless the tow truck is registered under this Act. |
Does it meet the Towing council requirements? what are there requirements |
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3) A tow truck may be registered if it meets the prescribed requirements. |
What are the requirements? They are to be determined at a latter time by a new board that |
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6. (1) The Registrar may suspend a person's registration on any of the grounds set out in the regulations. |
If they suspend you are out of work |
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2) The Registrar may suspend the registration of a tow truck on any of the grounds set out in the regulations |
Regulations to be determined at a latter time, maybe while we are asleep again? |
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7. The board may revoke the registration of an operator or a tow truck driver, (a) if the operator or driver is found guilty of an offence that, if committed in Ontario, would be an offence under the laws of Canada or of Ontario and that renders the person unsuitable to registered; (b) if the operator or driver fails to comply with this Act, the code of ethics or any other regulation made under this Act; or (c) in such other circumstances as may be prescribed. |
All things that will be determined at a latter time once the Towing Council has unlimited power |
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Complaints committee 9. (1) The complaints committee may consider and investigate the conduct of a registered person for any purpose related to towing, either pursuant to a complaint or on its own initiative, and for that purpose may appoint a person to investigate the circumstances of the complaint or other matter. |
The way I view it they will need paid field inspectors that just show up at your door and investigate you under their own initiative without notice or cause. |
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Powers of investigator (2) An investigator has the following powers and duties for the purpose of an investigation under this Act: 1. Upon request, the investigator shall produce evidence of his or her appointment. 2. The investigator may examine a document, record or other thing that he or she believes to be relevant to the investigation. 3. The investigator may demand that a document, record or other thing be produced for inspection if he or she believes it to be relevant to the investigation. 4. The investigator may remove a document, record or other thing for review and copying if he or she believes it to be relevant to the investigation. The investigator shall return it within a reasonable time. 5. In order to produce a record in readable form, the investigator may use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place in which he or she is conducting the investigation. 6. The investigator may question any person about matters that the investigator believes to be relevant to the investigation. |
Unlimited power to do what they want as they desire without anyone looking into their affairs as they are not accountable for their actions. |
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Powers of entry (3) An investigator may enter lands or business premises, other than a private dwelling, without the consent of the owner or occupier and without a warrant if the entry is for the purpose of an investigation under this section, or with a warrant issued under subsection (5). Entry to dwelling (4) An investigator shall not enter a private dwelling unless the investigator has obtained, (a) the consent of the owner of the dwelling and, if the occupier of the dwelling is not the owner, the consent of the occupier; or (b) the authority of a warrant issued under subsection (5). |
Unlimited power to do what they want as they desire without anyone looking into their affairs as they are not accountable for their actions. They can show up at midnight at your place of business and clean out your records, computers etc without a warrant or notice. |
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Testimony in civil proceedings 22. (1) A director, member of a committee established by the Council or employee of the Council cannot be compelled to testify in a civil proceeding with respect to information obtained in the course of his or her duties performed under this Act. |
They are exempt from any actions that they may do. I think here they may mean that they be unaccountable to anyone. |
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Immunity 23. (1) No action or other proceeding for damages shall be instituted against the Council, a director, member of a committee of the Council or employee or agent of the Council, including an investigator appointed under subsection 9 (1), for any act done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this or any other Act or for any alleged neglect or default in the performance or exercise in good faith of such a duty or power. Indemnification (2) The Council shall indemnify a person described in subsection (1) for all costs, charges and expenses sustained or incurred by him, her or it relating to an action or other proceeding described in subsection (1), but not for any costs, charges and expenses that are caused by the person's own wilful neglect or default. |
They are exempt from any actions that they may do. I think here they may mean that they be unaccountable to anyone. |
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Evidence 27. (1) A statement purporting to be certified by the Registrar as a statement of information from the records kept by the Registrar in the course of his or her duties is admissible in any proceeding as proof, in the absence of evidence to the contrary, of the information, without proof of the Registrar's appointment or signature. |
So what do they really mean, if they have no evidence against you they can still do what they want? |
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(i) establishing maximum fees that may be charged in respect of towing services provided by registered persons; |
Rate Caps anyone? What are their proposed rates? To be determined latter, I hope not while I am sleeping or without any industry imput. |
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Provincial Towing Association of Ontario |
http://www.ptao.org/ |
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Ontario Recovery Group |
http://www.ptao.org/ |
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The Towing Council of Ontario |
No website available at this time see. Same people as PTAO with different name |
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Bill 87, Towing Industry Act, 2008 |
http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=2028 |
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Member of Parliament |
http://www.ontla.on.ca/web/members/member_addresses.do?AddType=MIN&locale=en |
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Members of the Official opposition |
http://www.ontla.on.ca/web/members/members_current.do?locale=en&list_type=opposition_critics&go=go |
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Private Bills |
http://www.ontla.on.ca/web/go2.jsp?Page=/bills/private_bills_landing&menuItem=bills_header |
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Private Bills (how the come about who can ask etc) |
http://www.ontla.on.ca/bills/private-legislation/files_pdf/private-legislation-procedures_en.pdf |
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What can be done:
If you agree with Bill 87:
- If you support this Bill 87 Contact your local association, become a member and contact your member of parliament.
If you disagree with Bill 87:
- Contact your local member of parliament.
- Get a petition started and canvass your local operators.
- Assist in the formulation of an independent not for profit association, (The Independent Tow Operators Association of Ontario).
- Donate to the new association legal fund to fight the proposed legislation or have amendments to the current one.
- Attend the regional meetings voice your opinion, refuse to pay a fee to be heard, and refuse to answer the electronic questioner with a number on it so they know who you are.
- Contact your fellow tow operators, ask them their view ask them to read it. If the support you move forward on the common grounds you have.
- Strength only comes in numbers, stand up be heard,
don't let some one put you out of work.
Please note this is my opinion, I hope you read all the material and formulate your own opinion. I have posted all the links so you can formulate your opinion. I am in favor of regulations and increasing the standards to higher level, in my opinion this bill is sell out of the industry. There are to many vague areas and many things that are to be determined at a latter date. Since they will not inform the industry as a whole I will do my best to fax everyone the information and they can make their own determination on this subject.
If you wish you can give me your feedback. My email is webb@gometrotowing.com.
Respectfully yours,
Webb Wehbe
Moderator
Supplier Member
