Fitness to Drive
The requirements for reporting Fitness to Drive changed on July 1, 2018.  As a result, the Ministry of Transportation’s Medical Condition Report form has been updated.
Fitness to Drive
The requirements for reporting Fitness to Drive changed on July 1, 2018.  As a result, the Ministry of Transportation’s Medical Condition Report form has been updated.

Updated Fitness to Drive Reporting Requirements

REMINDER: The Medical Condition Report form has been updated in 2020 by the Ministry of Transportation based on feedback received from the medical community. Please use the current version of the form available here.

Please ensure both sides of the updated Medical Condition Report form are submitted. The Ministry cannot process incomplete forms.

As a result of over 20 years of advocacy, the Highway Traffic Act was amended to provide more specifics around the types of medical conditions and impairments that are considered mandatory to report when assessing and reporting a patient’s fitness to drive. The new mandatory and discretionary reporting requirements came into effect on July 1, 2018. Correspondingly, the Ministry of Transportation’s (MTO) Medical Condition Report form was updated to reflect this additional level of detail.

After problems with the initial reporting requirements were highlighted in the early 1990s, the Ontario Medical Association worked closely with the MTO, in consultation with an expert physician working group, in order to provide input on subsequent legislative changes and the corresponding new form. 

    The reporting form works hand-in-hand with the reporting regulations to include a list of the conditions and impairments that are mandatory to report, as well as a discretionary reporting section.

    The amended regulation also expands the types of clinicians who may report on fitness to drive. Now, nurse practitioners are subject to the same mandatory/discretionary reporting requirements as physicians and optometrists, and occupational therapists have the authority to make discretionary reports.

    General guidance for reporting:

    • The law applies to any patient, age 16 or older regardless of whether they hold a driver’s license
    • Conditions that are, in the opinion of the physician, transient or non-recurrent are not required to be reported
    • Additionally, modest or incremental changes in ability that are, in the opinion of the physician, attributable to a process of natural aging, are not required to be reported unless the cumulative effect of the changes constitutes a condition or impairment prescribed in the mandatory list for reporting
    • If there is a condition or impairment that is not covered in the prescribed list for mandatory reporting, but that in your medical opinion may impair the individual’s ability to drive safely, you may report it in the discretionary section
    Mandatory Reporting Requirements

    For any impairment or condition listed below, report as follows in the chart below. Do not report transient or non-recurrent conditions, or modest or incremental changes attributable to natural aging where overall, the individual is still fit to drive.

    Liability:
    Physicians must use their judgement to decide when to report. Physicians who comply with the regulations, and report a patient unfit to drive for one of the mandatory conditions listed below, will not be subject to liability. Conversely, failing to report a patient whose condition falls under the mandatory reporting category may leave the physician open to liability.

    Notes on the form:

    • Reporting the conditions listed under Mandatory Reporting will result in a driver's license suspension
    • It is important to accurately select the correct checkbox (where applicable), as each one results in a corresponding follow up form that is sent to the patient.

    Discretionary Reporting Requirements

    As a result of the amendment, physicians now also now have discretion to report other medical conditionsfunctional and visual impairmentsthat may make it dangerous for a patient to drive, and which are not covered in the prescribed list for mandatory reporting.

    It is important to note that discretionary reporting is not a duty – i.e., physicians are not required to make a discretionary report, but rather, have the authority to do so.

    Liability

    With the extensive mandatory list articulated in the regulation, it is likely there will be fewer circumstances in which physicians are unsure of whether or not to report. However, if a physician is unsure, but reasonably believes that a patient may present a danger behind the wheel, the physician should err on the side of caution and report the patient to the MTO. Physicians who use their discretion to report a patient will not be subject to liability. Whether or not a physician would be liable for failing to report a discretionary case is less clear, though, in light of the case law, there is the possibility of such a finding.

    Key Questions: 

    Is there a fee code for this form?
    The current fee code (K035) and fee for completing a Medical Condition Report stays the same. 

    Where can I get the reporting form?

    To get copies of the Medical Condition Report form:

    • Online: download the new form by searching “Medical Condition Report” here. Use form 023-5108E
    • By email: drivermedicalreview@ontario.ca
    • By phone: 416-235-1773 or 1-800-268-1481
    How do I submit the form?

    You can submit the completed form via mail or fax. Please be sure to submit both pages of the completed form, and make sure to keep a copy for your records.

    • By fax: 416-235-3400 or 1-800-304-7889
    • By mail: Ministry of Transportation - Driver Medical Review, 77 Wellesley Street West, Box 589 Toronto ON M7A 1N3
    Who do I talk to if I have feedback or suggestions for improvement on the form?

    You may contact the Ministry of Transportation’s Driver Improvement Office directly (see contact information below), or provide your comments to the OMA to be passed on.

    Contact Information:

    For more information, please contact the following

    Topic Organization Contact

    For questions or feedback on the reporting form

    Ontario Ministry of Transportation

    Ministry of Transportation, Driver Improvement Office, Medical Review Section
    By phone: 416-235-1773 or 1-800-268-1481 (within Ontario)
    By email: drivermedicalreview@ontario.ca

    The amended Act and your legal responsibilities OMA Legal Services Legal.Affairs@oma.org  1.800.268.7215 or 416.599.2580 Ext: 3997

      References
      1. Government of Ontario. Highway Traffic Act, R.S.O. 1990, c. H.8 Queen’s Printer for Ontario, Available from: https://www.ontario.ca/laws/statute/90h08 
      2. Government of Ontario. Highway Traffic Act, ONTARIO REGULATION 340/94, DRIVERS’ LICENCES  Queen’s Printer for Ontario, Available from:  https://www.ontario.ca/laws/regulation/940340

      Updated on September 22, 2020