hordruma/ontario_laws_and_regs huggingface dataset:
PART VIII ELECTRICAL SAFETY
Provisional suspension or refusal to renew if safety involved
113.5 (1) A Director may, by serving notice on an authorization holder and without a hearing, provisionally suspend or provisionally refuse to renew the holder’s authorization if, in the Director’s opinion, the carrying on of the activities under the authorization is an immediate threat to public safety or the safety of any person.  2004, c. 19, s. 12 (5). Notice (2) A notice under subsection (1) shall state the Director’s reasons for the decision to provisionally suspend or provisionally refuse to renew the authorization and shall inform the authorization holder that the holder has a right to a hearing before the Director if the holder applies to the Director for the hearing within 15 days after being served with the notice.  2004, c. 19, s. 12 (5). Application of provisions (3) Subsections 113.3 (3), (4) and (5) apply with respect to a notice under this section and subsections 113.4 (2), (3), (5) and (6) apply for the purposes of a hearing under this section.  2004, c. 19, s. 12 (5). Decision (4) After the hearing, (a) if the Director is satisfied that a ground set out in subsection 113.2 (2) exists, the Director may suspend, revoke or refuse to renew the authorization; (b) if the Director is satisfied that no ground set out in subsection 113.2 (2) exists, the Director, (i) shall reinstate the suspended authorization, or (ii) shall renew the authorization and may impose restrictions, limitations or conditions on the authorization in accordance with subsection 113.2 (4).  2004, c. 19, s. 12 (5). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 12 (5)
- 30/11/2005
PART VIII ELECTRICAL SAFETY
Default in payment
113.6 (1) A Director may refuse to grant or to renew an authorization or may suspend an authorization, if, (a) the applicant or authorization holder is in default of the payment of a fee, an administrative penalty, a cost or another charge owing to the Authority; or (b) the applicant or authorization holder is in default of the payment of a fine imposed on conviction for an offence under this Part.  2004, c. 19, s. 12 (5). Notice and hearing not required (2) A Director is not required to give notice or to hold a hearing before acting under subsection (1).  2004, c. 19, s. 12 (5). Granting of authorization or renewal (3) If an application for an authorization or for the renewal of an authorization is refused under subsection (1), the applicant is entitled to the authorization or renewal on providing proof to the Director that the applicant is no longer in default.  2004, c. 19, s. 12 (5). Reinstatement of suspended authorization (4) If an authorization is suspended under subsection (1), the authorization holder is entitled to have the authorization reinstated on providing proof to the Director that the authorization holder is no longer in default.  2004, c. 19, s. 12 (5). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 12 (5)
- 30/11/2005
PART VIII ELECTRICAL SAFETY
Opportunities before hearing
113.7 (1) A notice of hearing issued by a Director under this Part shall afford to the applicant or authorization holder a reasonable opportunity to show or to achieve, before the hearing, compliance with all lawful requirements for the granting, retention or renewal of the authorization.  2004, c. 19, s. 12 (5). Examination of documentary evidence (2) The applicant or authorization holder shall be given an opportunity to examine, before a hearing by a Director under this Part, any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing.  2004, c. 19, s. 12 (5). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 12 (5)
- 30/11/2005
PART VIII ELECTRICAL SAFETY
Recording of evidence
113.8 (1) The oral evidence taken before a Director at a hearing under this Part shall be recorded at the request of the applicant, the authorization holder or the Director, and the recording shall be at the cost of the person making the request.  2004, c. 19, s. 12 (5). Transcript (2) If copies of the transcript are requested, they shall be provided at the cost of the person making the request.  2004, c. 19, s. 12 (5). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 12 (5)
- 30/11/2005
PART VIII ELECTRICAL SAFETY
Conflict
113.9 If, under the Safety and Consumer Statutes Administration Act, 1996, this Part is designated legislation to be administered by a designated administrative authority, and if a regulation made under clause 15 (1) (c) of that Act requires that, before an appeal to the Divisional Court is made under section 113.10 of this Act, a review panel must review the decision made by a Director after a hearing under this Act, that regulation prevails over this Part to the extent of any conflict.  2004, c. 19, s. 12 (5). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 12 (5)
- 30/11/2005 2012, c. 8, Sched. 11, s. 46 (2) - no effect - see 2020, c. 14, Sched. 8, s. 21 - 14/07/2020
PART VIII ELECTRICAL SAFETY
Appeal after hearing 
113.10 (1) An applicant or authorization holder may appeal to the Divisional Court if, after a hearing, a Director does any of the following: 1. Grants the authorization subject to restrictions, limitations or conditions imposed on it by the Director. 2. Renews the authorization subject to restrictions, limitations or conditions imposed on it by the Director. 3. Refuses to grant the authorization. 4. Refuses to renew the authorization. 5. Suspends the authorization. 6. Revokes the authorization.  2004, c. 19, s. 12 (5). How to appeal (2) To appeal under this section, the applicant or authorization holder must file a notice of appeal with the court within 30 days after receiving notice of the Director’s decision.  2004, c. 19, s. 12 (5). Director is party (3) The Director is a party to the appeal.  2004, c. 19, s. 12 (5). Decision (4) In deciding the appeal, the court may order the Director to take such action as the court considers proper.  2004, c. 19, s. 12 (5). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 12 (5)
- 30/11/2005 Continuation of authorization
PART VIII ELECTRICAL SAFETY
Continuation upon renewal application
113.11 (1) If, within the time prescribed by the regulations, or, if no time is prescribed, before the expiry of the authorization, an authorization holder applies to a Director for renewal of the authorization, the authorization continues to be valid, (a) until the Director renews the authorization, unless clause (b), (c) or (d) applies; (b) until the Director provisionally refuses to renew the authorization under subsection 113.5 (1); (c) until the Director refuses to renew the authorization under subsection 113.6 (1); (d) subject to subsection (3), if the authorization holder is served with a notice under section 113.3 that the Director proposes to refuse to renew the authorization, or if the Director refuses to renew the authorization under subsection 113.5 (4), (i) until the time for applying for a hearing by the Director under section 113.4 or 113.5 expires, unless subclause (ii) applies, (ii) if the holder applies for a hearing in accordance with section 113.4 or 113.5, (A) until the Director renews the authorization following the hearing, or (B) if the Director refuses to renew the authorization following the hearing, (1)  until the time for filing a notice of appeal with the Divisional Court under section 113.10 expires, unless sub-sub-subclause 2 applies, (2)  if the holder files a notice of appeal with the Divisional Court in accordance with section 113.10, until the final disposition of the appeal.  2004, c. 19, s. 12 (5). Continuation after suspension, revocation (2) Subject to subsection (3), if a Director suspends or revokes an authorization under subsection 113.4 (7) or 113.5 (4), the suspension or revocation does not take effect, (a) until the time for filing a notice of appeal with the Divisional Court under section 113.10 expires, unless clause (b) applies; (b) if a notice of appeal is filed with the Divisional Court in accordance with section 113.10, until the final disposition of the appeal.  2004, c. 19, s. 12 (5). Threat to safety (3) If, in a Director’s opinion, there is or may be a threat to public safety or to the safety of any person, the Director may specify that, (a) the authorization in respect of which the renewal application has been made ceases to be valid earlier than the time specified in clause (1) (d); or (b) the suspension or revocation referred to in subsection (2) takes effect earlier than the time specified in subsection (2).  2004, c. 19, s. 12 (5). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 12 (5)
- 30/11/2005
PART VIII ELECTRICAL SAFETY
Compliance order
113.12 (1) If it appears to a Director that a person is not complying with subsection 113.2 (1), with a regulation made under the authority of clause 113.22 (1) (e) or with a restriction, limitation or condition of an authorization, the Director may apply to a judge of the Superior Court of Justice for an order directing compliance.  2004, c. 19, s. 12 (5). Same (2) The judge may make any order he or she considers just.  2004, c. 19, s. 12 (5). Clarification (3) A Director may make an application under subsection (1) even if a penalty or another sanction has been applied against the person in respect of the failure to comply and regardless of any other rights the person may have.  2004, c. 19, s. 12 (5). Appeal (4) An appeal lies to the Divisional Court from an order made under subsection (2).  2004, c. 19, s. 12 (5). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 12 (5)
- 30/11/2005
PART VIII ELECTRICAL SAFETY
Definition
113.12.1 In  sections 113.13 to 113.14.3, “electrical product or device” means any thing used or to be used in the generation, transmission, distribution, retail or use of electricity.  2006, c. 34, s. 12 (5). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 12 (5)
- 01/01/2008
PART VIII ELECTRICAL SAFETY
Order to turn over or retain electrical product or device
113.13.1 (1) An inspector who is lawfully present in a place and who believes on reasonable grounds that an electrical product or device in the place is being sold or offered for sale in contravention of this Part or the regulations may order, orally or in writing, a person in the place, (a) to turn the electrical product or device over to the inspector; or (b) to retain and preserve the electrical product or device in accordance with the regulations.  2006, c. 34, s. 12 (6). Obligation to retain electrical product or device (2) A person who fails to immediately comply with an order to turn over the electrical product or device issued under subsection (1) shall retain and preserve the electrical product or device that was the subject of the order in accordance with the regulations.  2006, c. 34, s. 12 (6). Inspector to inform director (3) When an inspector issues an order under subsection (1), he or she shall promptly inform the director and, where the order is in writing, provide him or her with a copy of the order.  2006, c. 34, s. 12 (6). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 12 (6)
- 01/01/2008
PART VIII ELECTRICAL SAFETY
Release or forfeiture of electrical product or device
113.13.3 (1) This section applies in respect of an electrical product or device that, (a) was turned over to an inspector in response to an order issued under subsection 113.13.1 (1); (b) was retained and preserved in response to an order issued under subsection 113.13.1 (1), or in accordance with subsection 113.13.1 (2); or (c) was seized by an inspector in accordance with the regulations under a warrant issued under subsection 113.13.2 (1).  2006, c. 34, s. 12 (6). Application for release of electrical product or device (2) Within 10 days of an electrical product or device being turned over or seized or ordered to be retained and preserved, a person who claims an interest in the electrical product or device may apply to the director for the release of the electrical product or device.  2006, c. 34, s. 12 (6). Hearing (3) Subject to subsection (4), a person who applies for the release of the electrical product or device within the time permitted under subsection (2) is entitled to a hearing before the Director.  2006, c. 34, s. 12 (6). Director may refuse hearing (4) The director may refuse to hold a hearing if the person who applies for the release of the electrical product or device is not the person who turned over the electrical product or device, who retained and preserved it or from whom it was seized and the director is not satisfied that the person has an interest in the electrical product or device.  2006, c. 34, s. 12 (6). Director’s determination (5) After a hearing, the director may, (a) release to the person the electrical product or device that he or she determines was not sold or offered for sale in contravention of this Part or the regulations; or (b) direct that the electrical product or device that he or she determines was sold or offered for sale in contravention of this Part or the regulations is forfeited to the Crown.  2006, c. 34, s. 12 (6). Forfeiture in other circumstances (6) The director may direct that the electrical product or device is forfeited to the Crown if, (a) no person applies for the release of the electrical product or device within the time permitted under subsection (2); (b) the director refuses to hold a hearing under subsection (4); or (c) the person who applied for the release of the electrical product or device does not appear at the hearing.  2006, c. 34, s. 12 (6). Decision final (7) Any determination or direction made by the director under this section is final.  2006, c. 34, s. 12 (6). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 12 (6)
- 01/01/2008
PART VIII ELECTRICAL SAFETY
Appointment of investigators
113.14 (1) The Authority may appoint persons to be investigators for the purpose of conducting investigations.  2006, c. 34, s. 12 (6). Identification (2) An investigator shall produce, on request, evidence of his or her appointment as an investigator.  2006, c. 34, s. 12 (6). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 12 (5)
- 30/11/2005 2006, c. 34, s. 12 (6)
- 01/01/2008
PART VIII ELECTRICAL SAFETY
No warrant required in exigent circumstances
113.14.2 (1) Although a warrant issued under subsection 113.14.1 (1) would otherwise be required, an investigator may exercise any of the powers described in subsection 113.14.1 (2) without a warrant if the conditions for obtaining the warrant exist but because of exigent circumstances it would be impracticable to obtain the warrant.  2006, c. 34, s. 12 (6). Dwellings (2) Subsection (1) does not apply to any part of a building that is being used as a dwelling.  2006, c. 34, s. 12 (6). Use of force (3) An investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary.  2006, c. 34, s. 12 (6). Application of other provisions (4) Subsections 113.14.1 (3), (6), (10), (11) and (13) apply, with necessary modifications, to the exercise of powers under this section.  2006, c. 34, s. 12 (6); 2019, c. 14, Sched. 10, s. 6 (4). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 12 (6)
- 01/01/2008 2019, c. 14, Sched. 10, s. 6 (4) - 10/12/2019
PART VIII ELECTRICAL SAFETY
Seizure of things in plain view
113.14.3 (1) An investigator who is lawfully present in a place under a warrant may seize any thing that is in plain view if the investigator believes on reasonable grounds that the thing will afford evidence of a contravention of this Part or the regulations.  2006, c. 34, s. 12 (6). (2) Repealed: 2019, c. 14, Sched. 10, s. 6 (5). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 12 (6)
- 01/01/2008 2019, c. 14, Sched. 10, s. 6 (5) - 10/12/2019
PART VIII ELECTRICAL SAFETY
Report when things seized
113.14.4 (1) An investigator who seizes any thing under the authority of section 113.14.1, 113.14.2 or 113.14.3 shall bring it before a justice of the peace or, if that is not reasonably possible, shall report the seizure to a justice of the peace. 2019, c. 14, Sched. 10, s. 6 (6). Procedure (2) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized under the authority of section 113.14.1, 113.14.2 or 113.14.3 of this Act, reading the reference in subsection 160 (1) of that Act to a document that a person is about to examine or seize under a search warrant as a reference to a thing that an investigator is about to examine or seize under the authority of section 113.14.1, 113.14.2 or 113.14.3 of this Act. 2019, c. 14, Sched. 10, s. 6 (6). Exception (3) Despite subsection (2), a justice of the peace shall order that an electrical product or device seized under the authority of section 113.14.1, 113.14.2 or 113.14.3 is not to be returned if the justice of the peace is satisfied on reasonable grounds that the electrical product or device was sold or offered for sale in contravention of this Part or the regulations. 2019, c. 14, Sched. 10, s. 6 (6). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 10, s. 6 (6) - 10/12/2019
PART VIII ELECTRICAL SAFETY
Information confidential
113.15 (1) This section applies to a document or information obtained in the course of an inspection conducted for a purpose set out in clause 113.13 (1) (a) or (b).  2004, c. 19, s. 12 (5); 2006, c. 34, s. 12 (7). Disclosure prohibited (2) Subject to subsection (3), an inspector shall not disclose any document or information obtained in the course of an inspection except, (a) for the purposes of carrying out his or her duties under this Act; or (b) as authorized under the Regulatory Modernization Act, 2007.  2007, c. 4, s. 29. Compellability in civil proceeding (3) Subject to subsection (4), an inspector is a compellable witness in a civil proceeding respecting any document or information obtained in the course of an inspection.  2004, c. 19, s. 12 (5). Refusal or conditional permission (4) A Director may, (a) on reasonable grounds, refuse to permit an inspector to attend as a witness; or (b) require that an inspector’s attendance as a witness be subject to such conditions as are reasonable and necessary for the proper administration of this Part and the regulations.  2004, c. 19, s. 12 (5). Limitation (5) Subsection (4) does not apply if, (a) the court orders that the inspector attend as a witness; (b) the proceeding is a proceeding under the Provincial Offences Act; or (c) the Authority is a party to the proceeding.  2004, c. 19, s. 12 (5). Written decision (6) A Director who makes a decision referred to in subsection (4) shall issue the decision in writing.  2004, c. 19, s. 12 (5). Disclosure by Director (7) A Director may publish or otherwise disclose documents or information obtained under the powers conferred on the Director under this Part.  2004, c. 19, s. 12 (5). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 12 (5) - 30/11/2005 2006, c. 34, s. 12 (7) - 01/01/2008 2007, c. 4, s. 29 - 17/01/2008
PART VIII ELECTRICAL SAFETY
Director’s confirmation
113.16 (1) A Director may issue a written confirmation with respect to, (a) the granting or non-granting of an authorization, the renewal or non-renewal of an authorization, or the revocation or suspension of an authorization; (b) the restrictions, limitations and conditions to which an authorization is subject; (c) the filing or non-filing of any document or material required or permitted to be filed with the Director; or (d) any other matter prescribed by the regulations.  2004, c. 19, s. 12 (5). Effect of confirmation (2) A confirmation that purports to have been issued by a Director is proof, in the absence of evidence to the contrary, of the facts stated in it, without any proof of appointment or signature.  2004, c. 19, s. 12 (5). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 12 (5)
- 30/11/2005
PART VIII ELECTRICAL SAFETY
Fees, etc.
113.17 (1) If the Authority does so in accordance with the process and criteria that it establishes and that the Minister responsible for the administration of this Part has approved, the Authority may establish fees, costs or other charges related to the administration of this Part and may require that such fees, costs and other charges be paid at the times and in the manner directed by it. 2004, c. 19, s. 12 (5); 2021, c. 34, Sched. 9, s. 5. Collection and application of fees (2) The Authority shall collect the fees, costs and other charges that it requires to be paid under this section and shall apply them to the expenses incurred by the Authority in administering this Part. 2004, c. 19, s. 12 (5); 2021, c. 34, Sched. 9, s. 5. Section Amendments with date in force (d/m/y) 2004, c. 19, s. 12 (5)
- 30/11/2005 2021, c. 34, Sched. 9, s. 5 - 01/04/2023
PART VIII ELECTRICAL SAFETY
Agreement to exercise Authority’s powers
113.18 The Authority may enter into agreements with any person or body prescribed by the regulations authorizing the person or body to exercise and perform any of the powers and duties of the Authority under subsection 113 (11) or section 113.13 or 113.17 and, for that purpose, a reference in section 113.19 or 113.20 to the Authority shall be deemed to be a reference to the person or body.  2004, c. 19, s. 12 (5); 2006, c. 34, s. 12 (8). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 12 (5)
- 30/11/2005 2006, c. 34, s. 12 (8)
- 15/08/2007
PART VIII ELECTRICAL SAFETY
Liability
113.19 (1) No action or other civil proceeding shall be commenced against a director, an officer, an employee or an agent of the Authority, or a Director, an inspector or an officer appointed under this Part, for any act done in good faith in the exercise or performance or the intended exercise or performance of a power or duty under this Part, or for any neglect or default in the exercise or performance in good faith of such a power or duty.  2004, c. 19, s. 12 (5). Same (2) Subsection (1) does not relieve the Authority of any liability to which it would otherwise be subject in respect of a cause of action arising from any act, neglect or default referred to in subsection (1).  2004, c. 19, s. 12 (5). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 12 (5)
- 30/11/2005
PART IX.1 OWNERSHIP AND USE OF CORRIDOR LAND
Definitions
114.1 In this Part, “effective date” means the date on which section 23 of Schedule A to the Reliable Energy and Consumer Protection Act, 2002 comes into force; (“date d’effet”) “Minister of Infrastructure” means the Minister of Infrastructure or such other member of the Executive Council as may be assigned under the Executive Council Act the powers and duties of the Minister of Infrastructure under this part; (“ministre de l’Infrastructure”) “statutory right to use corridor land” or “statutory right to use the land” means, in relation to corridor land, the right created by section 114.5 to use the land for a purpose described in that section. (“droit légal d’utiliser des biens-fonds réservés aux couloirs”, “droit légal d’utiliser les biens-fonds”)  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (2, 3). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 23 - 31/12/2002 2011, c. 9, Sched. 27, s. 23 (2, 3) - 06/06/2011 Ownership and Use