I was told otherwise by an MTO officer and AST course instructor.
I would never pass a car with no lights. But if someone wanted to challenge my discretion, they could get away with it from what I've been told.
But if you wanted to use the DRL as an argument, then you could use say a car manufactured prior to the DRL law wouldn't need them.
91 318is - M50NV (gone)
02 WRB Subaru WRX EJ207 forged, 320 AWHP stock turbo.
85 - 325
02 325i Sedan