Displaying licence that has been suspended, altered, etc.
35. (1) No person shall,
(a) display or cause or permit to be displayed or have in his or her possession a fictitious, imitation, altered or fraudulently obtained driver’s licence;
(b) display or cause or permit to be displayed or have in his or her possession a cancelled or suspended driver’s licence or a driver’s licence that has been changed in respect of its class, other than a licence card that has been marked by the Ministry as valid only to show the driver’s photograph;
(c) lend his or her driver’s licence or any portion thereof or permit the use of it by another person;
(d) display or represent as his or her own a driver’s licence not issued to him or her;
(e) apply for, secure or retain in his or her possession more than one driver’s licence;
(e.1) secure or retain in his or her possession a driver’s licence if he or she holds a photo card issued under the Photo Card Act, 2008; or
(f) fail to surrender to the Ministry upon its demand a driver’s licence that has been suspended, cancelled or changed in respect of its class. R.S.O. 1990, c. H.8, s. 35 (1); 1996, c. 20, s. 4; 2005, c. 26, Sched. A, s. 3 (1); 2008, c. 17, s. 35 (1-5).
Idem
(2) In subsection (1),
“licence” includes any portion thereof. R.S.O. 1990, c. H.8, s. 35 (2).
Seizing licence
(3) Any police officer who has reason to believe that any person has in his or her possession a driver’s licence referred to in subsection (1) may take possession of the licence and, where the officer does so, shall forward it to the Registrar upon disposition of the case. R.S.O. 1990, c. H.8, s. 35 (3); 2008, c. 17, s. 35 (6).
Note: On a day to be named by proclamation of the Lieutenant Governor, section 35 is amended by adding the following subsection: (See: 2015, c. 14, s. 5)
Display, possession of suspended licence permitted
(3.1) Despite clause (1) (b), a person may display or cause or permit to be displayed or have in his or her possession a driver’s licence that has been suspended under a provision or for a reason under this Act that is prescribed by regulation made under subsection 211 (5). 2015, c. 14, s. 5.
Second driver’s licence permitted
(4) Despite clause (1) (e), a person may hold a second driver’s licence if the second licence is,
(a) issued solely to permit the licensee to obtain experience in the driving of a motorcycle for the purpose of qualifying for a driver’s licence that authorizes him or her to drive a motorcycle; or
(b) required by any other province or territory of Canada or any state of the United States of America and has been issued in compliance with the law of that province, territory or state. R.S.O. 1990, c. H.8, s. 35 (4).
Application for driver’s licence by photo card holder
(4.0.1) A person who holds a basic photo card or enhanced photo card issued under the Photo Card Act, 2008 may apply for a driver’s licence if he or she surrenders the photo card at the time of the application. 2008, c. 17, s. 35 (7).
Offence
(4.1) Every person who contravenes clause (1) (a) is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $50,000. 2005, c. 26, Sched. A, s. 3 (2).
Definition
(5) For the purposes of this section,
“driver’s licence” includes a licence issued by any other province or territory of Canada or by any state of the United States of America. R.S.O. 1990, c. H.8, s. 35 (5).
