Under HTA 32(1),
No person shall drive a motor vehicle on a highway unless the motor vehicle is within a class of motor vehicles in respect of which the person holds a driver’s licence issued to him or her under this Act.
Section 34(1)(b) exempts certain nonresidents:
Section 32 and any regulation made thereunder do not apply to any person who is ... a resident of any other country or state,
(i) who is at least sixteen years of age and is the holder of a valid International Driver’s Permit, or
(ii) who is at least sixteen years of age and has not resided in Ontario for more than three months in any one year and has complied with the law of the country or state in which he or she resides as to the licensing of drivers of motor vehicles.
Let us ignore (i) for a moment. It seems that (ii) is saying that if a person has ever resided in Ontario for more than 3 months in a single year, then that person is henceforth forever ineligible for this exemption, no matter how long they have lived in a foreign country. Such a person may not use their foreign license to drive in Ontario, even if they only visit Ontario for a single day.
Is this the correct interpretation of the law?
