Tow truck drivers in Ontario who cannot get certified under new provincial legislation due to having a criminal record say that the impact it has on their livelihoods is significant.
The legislation took effect this month, requiring operators to obtain a provincial licence and criminal background check.
The province passed the legislation in 2021, putting industry oversight responsibilities under its watch instead of municipalities, after groups raised concerns about weak patchwork regulation, and police investigations alleged organized crime had infiltrated parts of the industry.
The Ministry of Transportation told CBC Hamilton in an emailed statement the regulations are in response to an “unacceptable” increase in “violence and criminal activity in Ontario’s tow truck industry.”
Transportation Minister Prabmeet Sarkaria previously said the vast majority of tow truck companies operate in good faith, but “bad actors have preyed on vulnerable drivers for too long.”
Driver says new rules having ‘ripple effect’
One tow truck driver who said he has been unable to get his certification is Igor Jakovljevic, who is based in Niagara Falls, Ont., and has worked in the Hamilton and Burlington areas.
Jakovljevic, who has been a tow operator for over a decade, said he’s unable to get his certification due to a weapons prohibition from 24 years ago. He acknowledges he’s had a troubled past, but is concerned about how the new rules have impacted his ability to provide for his family.
“It had a ripple effect in my family, in my social circle. Towing is not just a job for me, it’s something that I do, it’s a passion and I enjoy going out there and making a difference, helping people, so… financially it’s devastating,” he said.
“I would have never in a million years imagined that I would have lost my job based on the government changing legislation due to some criminals in the [Greater Toronto Area] burning tow trucks and doing whatever they’re doing.”
A change.org petition challenging the legislation was started in June by Shuri Durand who said her husband – who operates a towing business in Mississauga – cannot get certified. As of Thursday, the petition had 184 signatures.
Durand told CBC Hamilton she understands the need for drivers to have clean records but says there is no way to appeal a denial of certification.
“My husband’s completed rehabilitation programs, attended counselling and made positive changes in his life to ensure that he’s a safe and reliable driver, and taking away his licence to drive a tow truck not only affects his ability to provide for his family, but it also undermines the progress he’s made in rebuilding his life,” she said.
Industry association says drivers can seek record suspension
Joey Gagne, president of the Canadian Towing Association, said he doesn’t believe the issue impacts a significant portion of the towing industry. He encouraged those who have been impacted to reach out to the association for help.
Gagne said there are different levels of disqualification depending on the offence. He also said drivers could look into getting a pardon.
“If you had a non-extreme offence that’s historical, potentially you would be able to deal with that issue and I think some people either don’t know about that or haven’t been prepared to go through that process,” he said.
According to the legislation, under the Towing and Storage Safety and Enforcement Act, persons found guilty of crimes like terrorism or certain sexual offences are ineligible indefinitely. Other offences, like certain drug convictions, can result in an ineligibility period of five to 10 years.
The regulation also bars anyone with a court order prohibiting them from possessing a weapon from getting their certification.
“We know that some people are going to be rejected and obviously, that’s a tough pill for somebody that’s in the industry that makes their living from it,” Gagne said.
Jacqueline Tasca is the director of partnerships and strategic initiatives with the John Howard Society of Ontario, a non-profit agency that advocates for humane responses to crime and its causes.
Tasca told CBC Hamilton that getting a record suspension is a “long, cumbersome, application-based process” and can be out of reach for many people.
“Too many people who have served their time and are making strides to move beyond their previous mistakes are unable to do so because of the burden associated with a criminal record and the inaccessibility of record suspensions in Canada,” she said in an email statement.
In response to the government’s rules for the towing industry, she said that “for people who have been caught up in the criminal justice system, finding steady employment is a critical part of rebuilding their lives and helping prevent further contact with the justice system.”
For his part, Jakovljevic said he’s done everything he can to try to appeal the denial of his certification, including hiring a lawyer, contacting his MPP, and approaching the Professional Towing Association of Ontario.
Jakovljevic added that a pardon would not remove the weapons ban from his record.
“Nobody ever thought that this would happen, you know, especially being employed, we figured there’d be, like, maybe a grandfather clause or maybe they would keep the towers that haven’t been in any kind of trouble,” he said.