Job Specification

Purpose of Position :

Within a specific district/region of the province, plays an important role in contributing to safer drivers, safer commercial vehicles, safer roads and environmental compliance by enforcing federal and provincial legislation, regulations and industry standards that govern the road transportation industry.

To act as Provincial Offences Officer in preparing and assisting in prosecutions.

Duties / Responsibilities :

As part of the Regional Operations Branch which has a mandate to ensure the safe operation and environmental compliance of commercial motor vehicles to support Ontario's leadership position in truck safety and legislative enforcement, the position:

1. Enforces federal and provincial transportation legislation and industry standards by conducting rigorous technical inspections of commercial motor vehicles (truck, motorcoach, school bus etc.) either during roadside inspections, road safety campaigns or at the premises of motor carriers and associated businesses to ensure compliance. Inspections include, but are not limited to:
- utilizing specialized on-board diagnostic equipment to ensure speed limiters are functioning
- measuring vehicles for weight, size of load and over dimensional safety requirements
- inspecting load to determine type of commodity, securement and/or covering
- utilizing specialized devices/tools to inspect diesel engines of heavy-duty vehicles to ensure compliance with the Environmental Protection Act and the Vehicle Emissions Enforcement Program by:
- monitoring and noting any visible emissions
- verifying emissions control equipment have not been removed or tampered with
- noting there are no emissions related on-board diagnostic codes
- examining driver licensing and vehicle related documents
- examining stickers, placards and documents for safety standards, fuel tax registration, and dangerous goods
requirements
- examining records or compliance with hours of work, trip inspections, vehicle repairs
- examining bills of lading
- inspecting public vehicles for specific documents
- inspecting school purpose vehicles, physically-disabled-passenger vehicles for specialized equipment requirements
- preparing reports of findings or issues requiring further investigation
- determining appropriate compliance action such as a warnings, placing drivers and/or vehicles out of service, removal of plates, initiating prosecution and providing evidence at judicial and quasi-judicial forums
- detaining vehicles, considering the severity of the situation and either off-loading or impounding vehicles

2. Conducts inspections of Motor Vehicle Inspection Stations (MVIS), a ministry sponsored program that licenses facilities to conduct mandatory motor vehicle safety and structural inspections, to certify that vehicles meet minimum safety requirements, and MVIS program applicant facilities, by:
- inspecting premises and equipment for appropriate licensing
- recommending acceptance or rejection of new applicants for participation in the MVIS program and informing them of requirements for compliance
- instructing MVIS inspection mechanics as to the inspection requirements and performance standards for vehicles
- inspecting station reporting procedures and security measures for storage of safety standards certificates
- preparing reports of findings or issues requiring further investigation
- determining appropriate action such as a warning to be issued, recommending revocation of license; initiating prosecution and providing evidence at judicial and quasi-judicial forums

3. Conducts inspections of dealers in motor vehicles and trailers, wrecking facilities and automotive parts
retailers by:
- inspecting facilities for licenses and record keeping
- inspecting automotive parts retail outlets for materials and equipment
- preparing reports of findings or issues requiring further investigation
- determining appropriate action such as a warning to be issued, initiating prosecution and providing evidence at judicial forums

4. As a Provincial Offences Officer, enforces and issues fines for contraventions under the Highway Traffic Act by utilizing Lidar (Laser Imaging, Detection and Ranging) and radar for speed limit enforcement and to detect non- functioning speed limiters, and observing/ticketing for offences involving driver behaviour, distraction, and fatigue.

5. Conducts inspections of radiological shipments of all vehicles and carriers transporting transuranic waste and highway route-controlled quantities (HRCQ) of radioactive material either at their point of origin and complying with facility health and safety practices or on route following Commercial Vehicle Safety Alliance (CVSA) Level VI protocols and the Dangerous Goods Transportation Act.

6. Occasionally conducts investigations at motor carriers and associated businesses where there are sufficient grounds to initiate action (e.g. fraudulent activities) and other issues that have an impact on carrier safety ratings. Plans all phases of investigations including; collecting, analyzing and assessing information and evidence and preparing investigation reports and Crown Briefs to support findings and conclusions; obtaining search warrants; executing and serving summonses, subpoenas, court orders and injunction orders; interviewing and obtaining statements from offenders or witnesses, complainants, industry and municipal representatives; obtaining and evaluating information on alleged offenders; liaising with external agencies on joint investigations; representing the ministry as a subject matter expert and appearing as a material witness at trials or quasi-judicial hearings.

7. Acts as a subject matter expert by promoting the safe operation of commercial motor vehicles and providing information, advice and assistance to industry, the public and other enforcement agencies by: delivering seminars and information sessions to educate industry and special interest groups; liaising with other jurisdictions to exchange information and support cooperative enforcement initiatives; providing information to senior officials, corporate officers and officials of related transportation organizations.

8. Develops and maintains respectful and collaborative relationships, where appropriate, with Indigenous communities and people by building relationships with Indigenous communities whose rights and interests may be affected by MTO work; engaging respectfully in accordance with relevant Indigenous cultural protocols; managing tensions that may arise in a respectful manner where highway and transportation decisions may impact Aboriginal and/or treaty rights.

Staffing and Licensing :

Valid Ontario driver's license (minimum class G) and an acceptable driving record
Requires enhanced security clearance
Successful completion of mandatory Commercial Vehicle Enforcement Officer Program
Various mandatory certifications and re-certification and physical requirements (see Skills)
Occasional overnight travel required

Knowledge :

1. Role and mandate of the Road User Safety Division and the Regional Operations Branch to promote their programs and provide advice and information to industry, owner/operators, the public and special interest groups; to conduct road-side safety inspections to ensure compliance with both federal and provincial legislation and regulations.

2. Interpretation and application of the enforcement provisions of federal and provincial legislation (e.g. Highway Traffic Act, Compulsory Auto Insurance Act, Provincial Offences Act, Public Vehicles Act, Dangerous Goods Transportation Act, Environmental Protection Act and Fuel Tax Act) and the application of industry standards (e.g., Passenger/Light Duty Vehicle Inspection Standard and National Safety Code Standard 11) pertaining to truck and bus operations, motor vehicle inspection stations and dealers in motor vehicle and trailers, wrecking facilities
and automotive parts retailers; to identify and enforce violations during road-side safety inspections, to understand how charges are processed and prosecuted in the Ontario courts; to provide advice/information on compliance.

3. The Commercial Vehicle Safety Alliance (CVSA) and its mandate to improve commercial motor vehicle safety and uniformity throughout Canada, Mexico and the United States by providing guidance and education to enforcement, industry and policy makers.

4. Vehicle speed detection devices such as LIDAR and radar to enforce the speed limit provisions of the Highway Traffic Act.

5. Techniques and equipment to calculate weight limits and access information from an electronic inquiry terminal. ' Emission testing devices and tools to inspect for emissions control equipment and measure on-road emissions to ensure that emissions standards are being met and to identify and enforce violations of the Environmental Protection Act.

6. Radiation safety, radioactive sources and their relative importance as radiation hazards, handling and transportation of radioactive material and mandatory compliance with the Dangerous Goods Transportation Act, radiation monitoring equipment and calibration requirements, inspection procedures and protocols for level VI inspections as mandated by the CVSA.

7. Investigation principles, theories, practices, standards and tools, research and interviewing techniques to collect, preserve and present evidence, to interview individuals in order to obtain information.

8. Criminal Code of Canada, the Canada Evidence Act and the Ontario Evidence Act in order to determine the admissibility/inadmissibility of evidence obtained from investigations and inspections, and to ensure investigations and inspections do not breach criminal law; to carry out Provincial Offences Officer responsibilities.

9. Court protocols/procedures to prepare for court or quasi-judicial forums, prepare for testimony, act as an agent of the ministry by presenting evidence in a judicial environment, assisting in drafting and issuing search warrants.

10. Engage and interact in a respectful way with Indigenous community members and governments in relation to issues that may arise in relation to the use and regulation of highways and other areas of responsibility. History of the Crown's relationship with Indigenous people, treaties and the Aboriginal and treaty rights of Indigenous communities within Ontario, including the government's duty to consult and accommodate Indigenous communities whose s. 35 rights may be affected by government decision-making, understanding of Indigenous communities' traditional territories; Indigenous governance structures, including Indigenous political organizations; and Indigenous cultural practices and protocols.

Skills :

Documents in order to determine compliance with legislation and regulations; to identify, assess and document the level of risk from investigation, inspection and enforcement activities and to inform clients of required action to prevent harm, promote public safety and environmental compliance.

- Problem solving skills and judgement to recognize the potential risks and impacts of the problem on a wider scale and the broader impact of actions; to take appropriate action to meet regulatory requirements and then systematically determine next steps and actions to resolve the problem in a sound and decisive manner; to identify and take necessary, appropriate and timely action in response to issues arising in enforcement situations.

- Analytical, evaluative, interpretative and problem-solving skills to identify causes and sources of pollution to develop compliance strategies and determine corrective action.

- Mathematical skills to measure vehicles for weight and size of load and to calculate weight limits in accordance with the standards set out in the Highway Traffic Act.

- Tactical communication skills to maintain composure and adjust behaviour to suit the individual and situation (including posture, tone, assertiveness, spatial distance, eye contact, facial expressions) and to diffuse situations when required, adjusting communication style to accommodate an audience or situation; to remain objective when dealing with personality conflicts or conflicting agendas.

- Active listening and interpersonal skills to gain valuable information during interviews, to establish rapport with a variety of people in the course of conducting investigations, inspections and enforcement activities; to be assertive yet professional when interacting with carriers, business owners, drivers and the general public.

- Stakeholder relationship and interpersonal skills to manage diverse relationships while in a regulatory compliance role; to establish credibility in all interactions with carriers, drivers and related business owners/operators, law enforcement and the public.

- Integrity to monitor own work quality and processes against vehicle enforcement policies, procedures, relevant provincial and federal legislation, regulations, and industry standards to ensure principles and standards of investigations, inspections and enforcement are maintained.

- Written communication skills to prepare technical reports and to articulate findings in comprehensive investigation and inspection reports including recommendations for appropriate course of action; to prepare crown briefs.

- Verbal communication skills to persuade others to adopt a specific course of action that corresponds with policy and direction to ensure regulatory compliance and public safety; to consider cross cultural sensitivity in all communications; to conduct interviews and ask probing questions in order to obtain information during investigations and inspections, liaise with law enforcement agencies and legal counsel; explain interpretations of technical evidence when providing expert testimony and undergoing cross-examination in court or at quasi-judicial
hearings, and presenting and illustrating how evidence relates to alleged contraventions and supports prosecution.

- Use and operation of computers and software/applications such as Microsoft Office and internal enforcement management programs and the Internet to access information and update databases; to prepare correspondence and investigative/inspection reports; and/or to conduct research.

- Certification and recertification requirements:
- Basic Training
- CVSA Level 1-5 (annual)
- CVSA Motorcoach
- Bus Training
- Defensive Tactics (annual)
- Critical Defect Inspection (Impoundment)
- Emergency or Standard 1st Aid (every 3 years)
- Lidar (Speed Measurement Tool) (every 3 years)
- Radar (Speed Measurement Tool) (every 3 years)
- CVSA Level 6 (Designated as Nuclear Energy Workers) (every 2 years)
- Radiation meters (annual)
- Group III Radiological Health & Safety (every 3 years)
- Group IV Radiological Health & Safety
- Auditor Training Course

- Physical lifting, carrying and positioning inspection equipment and tools, and non-neutral postures, crouching, stooping, kneeling, gripping, using hand signals and operating a motor vehicle, and varied temperature and weather conditions.

Freedom of Action :

The job works under the general supervision of the Enforcement Manager and day-to-day supervision and guidance of the Enforcement Supervisor and within the parameters of established federal and provincial legislation, regulations, ministry, government policies, process and procedures and industry standards.

The job exercises latitude in operating truck inspection stations, roadside inspection, safety lanes and enforcement vehicles in a fashion that ensures the protection of workers and safe movement of traffic.

Latitude is also exercised in applying immediate actions such as Out of Service orders, licence plate seizures/cancellations, commercial vehicle Impoundments; initiating prosecutions with fines up to $100,000 and/or jail term up to 2 years/Driver's licence suspensions; using force and/or make arrests to protect self/colleagues from assault; referring criminal activity to appropriate agency for response.

The job has latitude in conducting non-complex investigations and in making decisions in the application and interpretation of legislation, policies, guidelines and industry standards; interviewing/dealing with industry representatives, lawyers, accused, witnesses and determining how to obtain legal evidence/information; interpreting technical findings in relation to transportation legislation, precedents and policies and determining whether and on what basis there is sufficient evidence to pursue legal action; preparing evidence and Crown
Briefs and advising Crown Counsel; and giving evidence as a material witness. In light of the legal and legislative framework within which the job operates, the position maintains appropriate relationships with owners/operators and other stakeholders.

Job may require consultation with ministry/division/branch specialists on highly sensitive, potentially contentious matters/issues, or where the application of legislation is open to varied interpretation. Work is reviewed through consultation with the Manager/Supervisor and assessed for quality, adherence to legislation, industry standards, policies and procedures and the achievement of performance targets.