Enforcement Under The Towing And Storage Safety And Enforcement Act Is Strict And Unforgiving

The new towing regime in Ontario is now in effect with the changes to the Towing and Storage Safety and Enforcement Act ("TSSEA") and its accompanying regulations in force since January of this year. In response to years of issues in the industry, particularly allegations of criminality as well as dangerous and aggressive behaviour by tow operators, the new regime is appropriately robust but equally unforgiving. Industry players should take note that the Ministry of Transportation's Director of Towing ("Director") appears intent on a strict enforcement of the regime and avenues for appeal are seriously curtailed relative to similar regimes such as that for the Commercial Vehicle Operators Registry ("CVOR"). Though the enforcement regime of TSSEA remains largely untested, the closest parallel is the CVOR system overseen by the Deputy Registrar of Motor Vehicles and helpful insights may be taken from its record.