hordruma/ontario_laws_and_regs huggingface dataset:
PART VII INSPECTORS AND INSPECTIONS
Power to require documents, etc.
107 (1) An inspector may, for the purposes of this Act and any other Act that gives powers or duties to the Board, require any of the following persons to provide documents, records or information: 1.  A person required to have a licence under section 48 or 57. 1.1  An affiliate, agent or employee of a gas marketer or retailer of electricity. 2.  A gas distributor, gas transmitter or gas storage company or an affiliate of a gas transmitter, gas distributor or gas storage company. 3.  An affiliate of a person required to have a licence under clause 57 (a) or (b). 4.  A person exempted from the requirements of clause 57 (a) by regulation. 5.  A person exempted from the requirements of clause 57 (b) by regulation. 6.  A person exempted from the requirements of section 48 by regulation. 7.  An affiliate, agent or employee of a person referred to in paragraph 4. 8.  A person who is subject to an exemption under section 57.1. 9.  An affiliate, agent or employee of a person referred to in paragraph 8.  2003, c. 3, s. 70; 2010, c. 8, s. 38 (24); 2023, c. 9, Sched. 24, s. 7. Application of subs. (1) (2) Subsection (1) only applies to documents, records and information that relate to the following: 1.  Activities for which a licence is required under section 48 or 57. 1.1  The persons who are required to have a licence under section 48 or 57 and their affiliates, agents and employees. 1.2  Activities for which a licence is required under subsection 88.2 (1). 1.3  The persons who are required to have a licence under subsection 88.2 (1). 2.  Gas distribution, gas transmission or gas storage, including the sale of gas by a gas distributor. 3.  Transactions between a gas distributor, gas transmitter or gas storage company and its affiliates. 4.  Transactions between a person required to have a licence under clause 57 (a) or (b) and its affiliates. 5.  Adjustments, payments, set-offs and credits under section 25.33 of the Electricity Act, 1998 and under the regulations made under clause 114 (1.3) (f) of that Act. 6.  Payments under sections 78.1, 78.2 and 78.5. 2004, c. 23, Sched. B, s. 32; 2009, c. 12, Sched. D, s. 17; 2010, c. 8, s. 38 (25); 2014, c. 7, Sched. 23, s. 14. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 70 - 01/08/2003 2004, c. 23, Sched. B, s. 32 - 01/01/2005 2009, c. 12, Sched. D, s. 17 - 09/09/2009 2010, c. 8, s. 38 (24, 25) - 01/01/2011 2014, c. 7, Sched. 23, s. 14 - 01/01/2015 2023, c. 9, Sched. 24, s. 7 - 08/06/2023
PART VII INSPECTORS AND INSPECTIONS
Notifying Board
109 An inspector shall notify the Board of all matters he or she thinks relevant to Board proceedings or possible future Board proceedings. 1998, c. 15, Sched. B, s. 109; 2003, c. 3, s. 72. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 72 - 01/08/2003 Evidence, Board proceedings
PART VII INSPECTORS AND INSPECTIONS
Witnesses
110 (1) An inspector may be called as a witness by the Board in any Board proceeding. 1998, c. 15, Sched. B, s. 110 (1); 2003, c. 3, s. 73 (1). No privilege (2) No document, record or copy thereof obtained by an inspector under section 107 or 108, and no information obtained by an inspector under section 107, shall be excluded as evidence on the ground of privilege in any Board proceeding. 2003, c. 3, s. 73 (2). Notice (3) No document, record or copy thereof obtained by an inspector under section 107 or 108, and no information obtained by an inspector under section 107, that is not otherwise public, including being made public by reason of publication under section 111.1, shall be introduced in evidence in a Board proceeding unless, (a)  the Board gives the owner of the document or record or the person who provided the information notice that the inspector intends to introduce the evidence; and (b)  the Board gives the owner of the document or record or the person who provided the information an opportunity to make representations with respect to the intended introduction of that evidence. 2003, c. 3, s. 73 (3); 2017, c. 2, Sched. 10, s. 2 (9). (4) Repealed:  2003, c. 3, s. 73 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (8, 9) - 06/12/2000 2003, c. 3, s. 73 (1-3) - 01/08/2003 2017, c. 2, Sched. 10, s. 2 (9) - 22/03/2017
PART VII INSPECTORS AND INSPECTIONS
Confidentiality
111 (1) All documents and records obtained by an inspector under section 107 or 108, and information obtained by an inspector under section 107, are confidential and shall not be disclosed to any person other than a member of the Board or an employee of the Board except, (a)  as may be required in connection with the administration of this Act or any other Act that gives powers or duties to the Board or in any proceeding under this or any other Act that gives powers or duties to the Board; (b)  to counsel for the Board or an employee of the Board; (c)  with the consent of the owner of the document or record or the person who provided the information; or (d)  in accordance with an agreement described in subsection (3). 2003, c. 3, s. 74; 2015, c. 29, s. 17 (1). Same (2) If any document, record or information obtained by an inspector under section 107 or 108 that is not otherwise public, including being made public by reason of publication under section 111.1, is admitted in evidence in a proceeding under this Act or any other Act that gives powers or duties to the Board, the Board may rule on whether the document, record or information is to be kept confidential.  2017, c. 2, Sched. 10, s. 2 (10). Agreements re information-sharing (3) The Board may enter into an agreement with the Electrical Safety Authority providing for the sharing of documents, records and information that are described in subsection (1) and are relevant to the objects of the Electrical Safety Authority. 2015, c. 29, s. 17 (2). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 74 - 01/08/2003 2015, c. 29, s. 17 (1, 2) - 04/03/2016 2017, c. 2, Sched. 10, s. 2 (10) - 22/03/2017
PART VII INSPECTORS AND INSPECTIONS
Publication of inspection reports
111.1 (1) Despite section 111 but subject to subsection (2), the Board may publish a document, record or information obtained by an inspector under section 107 or 108 as part of a report that describes an inspection conducted under this Part and the results or findings of the inspection.  2017, c. 2, Sched. 10, s. 2 (11). Non-publication of confidential material (2) The Board shall not publish a document, record or information under subsection (1) that is not otherwise public unless the Board gives the owner of the document or record or the person who provided the document, record or information an opportunity to make representations with respect to the intended publication.  2017, c. 2, Sched. 10, s. 2 (11). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 10, s. 2 (11) - 22/03/2017
PART VII INSPECTORS AND INSPECTIONS
Evidence
112 No document, record or information obtained by an inspector under this Part that is not otherwise public, including being made public by reason of publication under section 111.1, is admissible in evidence in any proceeding except a proceeding in respect of an order of the Board or a proceeding in respect of an offence under section 126.  2017, c. 2, Sched. 10, s. 2 (12). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (10) - 06/12/2000 2003, c. 3, s. 75 - 01/08/2003 2017, c. 2, Sched. 10, s. 2 (12) - 22/03/2017 PART VII.0.1   investigators and investigations
PART VII.0.1 INVESTIGATORS AND INVESTIGATIONS
Investigators
112.0.1 (1) The chief executive officer may appoint persons to exercise and perform the powers and duties of an investigator under this Part and Part IX. 2010, c. 8, s. 38 (28); 2019, c. 6, Sched. 2, s. 23 (1). Certificate of appointment (2) The chief executive officer shall issue to every investigator a certificate of appointment bearing the chief executive officer’s signature or a facsimile of his or her signature. 2019, c. 6, Sched. 2, s. 23 (2). Production of certificate of appointment (3) Every investigator who is conducting an investigation shall, upon request, produce his or her certificate of appointment. 2010, c. 8, s. 38 (28). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (28) - 01/01/2011 2019, c. 6, Sched. 2, s. 23 (1, 2) - 01/10/2020
PART VII.0.1 INVESTIGATORS AND INVESTIGATIONS
Seizure of thing not specified
112.0.3 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of an enforceable provision. 2010, c. 8, s. 38 (28). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (28) - 01/01/2011
PART VII.0.1 INVESTIGATORS AND INVESTIGATIONS
Searches in exigent circumstances 
112.0.4 (1) An investigator may exercise any of the powers described in subsection 112.0.2 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant. 2010, c. 8, s. 38 (28). Dwelling (2) Subsection (1) does not apply to a place or part of a place that is being used as a dwelling. 2010, c. 8, s. 38 (28). Use of force (3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary. 2010, c. 8, s. 38 (28). Application of s. 112.0.2 (4) Subsections 112.0.2 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section. 2010, c. 8, s. 38 (28). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (28) - 01/01/2011
PART VII.0.1 INVESTIGATORS AND INVESTIGATIONS
Witnesses
112.0.5 (1) An investigator may be called as a witness by the Board in any Board proceeding. 2010, c. 8, s. 38 (28). Notice (2) No document, record or copy of one obtained by an investigator under a warrant obtained under section 112.0.2 or obtained without a warrant under the circumstances referred to in section 112.0.4 and no information obtained by an investigator under such a warrant or under the circumstances referred to in section 112.0.4 shall be introduced in evidence in a Board proceeding unless, (a)  the Board gives the owner of the document or record or the person who provided the information notice that the investigator intends to introduce the evidence; and (b)  the Board gives the owner of the document or record or the person who provided the information an opportunity to make representations with respect to the intended introduction of that evidence. 2010, c. 8, s. 38 (28). Same (3) No thing seized under section 112.0.3 and no information obtained by an investigator under such a seizure shall be introduced in evidence in a Board proceeding unless, (a)  the Board gives the owner of the thing or the person who provided the thing notice that the investigator intends to introduce the evidence; and (b)  the Board gives the owner of the thing or the person who provided the thing an opportunity to make representations with respect to the intended introduction of that evidence. 2010, c. 8, s. 38 (28). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (28) - 01/01/2011
PART VII.0.1 INVESTIGATORS AND INVESTIGATIONS
Confidentiality
112.0.6 (1) All documents and records obtained by an investigator under this Part or Part IX are confidential and shall not be disclosed to any person other than a member of the Board or an employee of the Board except, (a)  as may be required in connection with the administration of this Act or any other Act that gives powers or duties to the Board or in any proceeding under this or any other Act that gives powers or duties to the Board; (b)  to counsel for the Board or an employee of the Board; or (c)  with the consent of the owner of the document or record or the person who provided the information. 2010, c. 8, s. 38 (28). Same (2) If any document, record or information obtained by an investigator under this Part or Part IX is admitted in evidence in a proceeding under this Act or any other Act that gives powers or duties to the Board, the Board may rule on whether the document, record or information is to be kept confidential. 2010, c. 8, s. 38 (28). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (28) - 01/01/2011 Part vii.1   compliance 112.1 Repealed:  2010, c. 8, s. 38 (29). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 76 - 01/08/2003 2004, c. 23, Sched. B, s. 33 - 01/01/2005 2006, c. 3, Sched. C, s. 7 - 03/05/2006 2010, c. 8, s. 38 (29) - 01/01/2011
PART VII.1 COMPLIANCE
Procedure for orders under ss. 112.3 to 112.5
112.2 (1) An order under section 112.3, 112.4 or 112.5 may only be made on the Board’s own motion. 2003, c. 3, s. 76. Notice (2) The Board shall give written notice to a person that it intends to make an order under section 112.3, 112.4 or 112.5. 2003, c. 3, s. 76. Contents of notice (3) Notice under subsection (2) shall set out the reasons for the proposed order and shall advise the person that, within 15 days after receiving the notice, the person may give notice requiring the Board to hold a hearing. 2003, c. 3, s. 76. Service of notice or order (3.1) Any notice or order required to be given or served by the Board under this Part or Part VII.2 is sufficiently given or served if, (a)  delivered personally; (b)  sent by registered mail; or (c)  sent by another manner, if the Board can prove receipt of the notice or order. 2010, c. 8, s. 38 (30). Deemed service (3.2) Where service is made by registered mail, the service is deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice or order until a later date. 2010, c. 8, s. 38 (30). Exception (3.3) Despite subsection (3.1), the Board may order any other method of service. 2010, c. 8, s. 38 (30). Hearing (4) A person to whom notice is given under subsection (2) may, within 15 days after receiving the notice, give notice to the Board requiring the Board to hold a hearing. 2003, c. 3, s. 76. If hearing not required (5) If no notice requiring a hearing is given within the time permitted by subsection (4), the Board may make an order. 2003, c. 3, s. 76. Interim orders under s. 112.3 (6) An interim order of the Board may be made under section 112.3, with or without a hearing, and may take effect before the time for giving notice under subsection (4) has expired. 2003, c. 3, s. 76. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 76 - 01/08/2003 2010, c. 8, s. 38 (30) - 01/01/2011
PART VII.1 COMPLIANCE
Action required to comply, etc.
112.3 (1) If the Board is satisfied that a person has contravened or is likely to contravene an enforceable provision, the Board may make an order requiring the person to comply with the enforceable provision and to take such action as the Board may specify to, (a)  remedy a contravention that has occurred; or (b)  prevent a contravention or further contravention of the enforceable provision. 2003, c. 3, s. 76. Application (2) This section applies to contraventions that occur before or after this section comes into force. 2003, c. 3, s. 76. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 76 - 01/08/2003
PART VII.1 COMPLIANCE
Suspension or revocation of licences
112.4 (1) If the Board is satisfied that a person who holds a licence under Part IV or V has contravened an enforceable provision, the Board may make an order suspending or revoking the licence. 2003, c. 3, s. 76. Application (2) This section applies to contraventions that occur before or after this section comes into force. 2003, c. 3, s. 76. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 76 - 01/08/2003
PART VII.1 COMPLIANCE
Restraining orders
112.6 The Board may apply to the Superior Court of Justice for an order directing a person not to contravene an enforceable provision, and the court may make that order or such other order as the court considers just. 2003, c. 3, s. 76. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 76 - 01/08/2003
PART VII.1 COMPLIANCE
Voluntary compliance
112.7 (1) A person may give the Board a written assurance of voluntary compliance, (a)  to refrain from contravening an enforceable provision specified in the assurance; (b)  to take such action as is specified in the assurance to remedy a contravention of an enforceable provision; or (c)  to take such action as is specified in the assurance to prevent a contravention of an enforceable provision. 2003, c. 3, s. 76. Force and effect (2) An assurance of voluntary compliance has the same force and effect as an order of the Board. 2003, c. 3, s. 76. (3) Repealed:  2010, c. 8, s. 38 (32). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 76 - 01/08/2003 2010, c. 8, s. 38 (32) - 01/01/2011
PART VII.1 COMPLIANCE
Public record
112.8 (1) The Board shall maintain a public record of, (a)  assurances of voluntary compliance given under this Act; (b)  compliance orders issued under this Act; (c)  orders made under section 112.10; (d)  any other prescribed document or information. 2010, c. 8, s. 38 (33). Orders (2) The Board may by order require the payment of fees for the inspection of public records maintained under subsection (1) and may approve the amount of those fees. 2010, c. 8, s. 38 (33). Same (3) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (2). 2010, c. 8, s. 38 (33). Form and manner of public record (4) The public record maintained under subsection (1) shall be maintained by the Board in such form or manner as may be prescribed by regulation. 2010, c. 8, s. 38 (33). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (33) - 01/01/2011 Part vii.2   compliance re Part II of the Energy Consumer Protection Act, 2010
PART VII.2 COMPLIANCE RE PART II OF THE ENERGY CONSUMER PROTECTION ACT, 2010
Application
112.9 (1) This Part applies in respect of enforceable provisions referred to in clause (b) of the definition of “enforceable provision” in section 3. 2010, c. 8, s. 38 (34). Same (2) This Part applies in addition to Part VII.1. 2010, c. 8, s. 38 (34). Definitions (3) For the purposes of this Part, “consumer” has the same meaning as in Part II of the Energy Consumer Protection Act, 2010; (“consommateur”) “supplier” has the same meaning as in Part II of the Energy Consumer Protection Act, 2010. (“fournisseur”)  2010, c. 8, s. 38 (34). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (34) - 01/01/2011
PART VII.2 COMPLIANCE RE PART II OF THE ENERGY CONSUMER PROTECTION ACT, 2010
Order for immediate compliance 
112.11 (1) Without limiting the generality of section 112.3, the Board may make an order requiring immediate compliance with an enforceable provision and, subject to subsection (2), such an order takes effect immediately. 2010, c. 8, s. 38 (34). Notice of order (2) If the Board makes an order for immediate compliance, it shall serve on the person named in the order a notice that includes, (a)  the order; (b)  the written reasons for making the order; and (c)  a statement that the person is entitled to a hearing by the Board if the person mails or delivers to the Board, within 15 days after the notice is served, notice in writing requiring a hearing. 2010, c. 8, s. 38 (34). Hearing (3) When a person named in the order requires a hearing in accordance with the notice under subsection (2), the Board shall hold the hearing and may confirm or set aside the order or make such other order as the Board considers proper to give effect to the purposes of Part II of the Energy Consumer Protection Act, 2010. 2010, c. 8, s. 38 (34). Expiration of order (4) If a hearing by the Board is required, (a)  the order expires 15 days after the written request for a hearing is received by the Board; or (b)  the Board may extend the time of expiration until the hearing is concluded, if a hearing is commenced within the 15-day period referred to in clause (a). 2010, c. 8, s. 38 (34). Same (5) Despite subsection (4), if it is satisfied that the conduct of the person named in the order has delayed the commencement of the hearing, the Board may extend the time of the expiration for the order, (a)  until the hearing commences; and (b)  once the hearing commences, until the hearing is concluded. 2010, c. 8, s. 38 (34). Parties (6) The person who has required the hearing and such other persons as the Board may specify are parties to proceedings before the Board under this section. 2010, c. 8, s. 38 (34). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (34) - 01/01/2011
PART IX MISCELLANEOUS
Rules
121 The board of directors may make rules, (a)  governing the practices of employees to whom powers and duties are delegated under section 6; (b)  governing the making of rules under section 44 and the issuance of codes under section 70.1. 2003, c. 3, s. 77; 2019, c. 6, Sched. 2, s. 28 (1). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 77 - 01/08/2003 2019, c. 6, Sched. 2, s. 28 (1) - 01/10/2020
PART IX MISCELLANEOUS
Provincial offences officers
122 Despite subsection 1 (3) of the Provincial Offences Act, the board of directors may, for the purposes of that Act, designate in writing any person or class of persons as a provincial offences officer, but the designation only applies in respect of offences under this Act. 2010, c. 8, s. 38 (35); 2019, c. 6, Sched. 2, s. 28 (1). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 78 - 01/08/2003 2010, c. 8, s. 38 (35) 01/01/2011 2019, c. 6, Sched. 2, s. 28 (1) - 01/10/2020 123 Repealed:  2003, c. 3, s. 79. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (11) - 06/12/2000 2003, c. 3, s. 79 - 01/08/2003 124 Repealed:  2003, c. 3, s. 80. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (11) - 06/12/200 2003, c. 3, s. 80 - 01/08/2003
PART IX MISCELLANEOUS
Obstruction
125 No person shall obstruct an inspector appointed under section 106 or a provincial offences officer designated under section 122 or an investigator appointed under subsection 112.0.1 (1) or knowingly withhold or conceal from that person or destroy any relevant document, record or information required to be provided by that person. 2003, c. 3, s. 81; 2010, c. 8, s. 38 (36). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 81 - 01/08/2003 2010, c. 8, s. 38 (36) - 01/01/2011
PART IX MISCELLANEOUS
Method of giving notice
125.1 Subsections 18 (2) to (5) and clause 24 (1) (a) of the Statutory Powers Procedure Act
apply, with necessary modifications, to all notices given by the Board, whether or not a hearing is held. 2003, c. 3, s. 82. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (11) - 06/12/2000 2001, c. 9, Sched. F, s. 2 (4) - 08/08/2001 2002, c. 1, Sched. B, s. 14 - 01/07/2002 2003, c. 3, s. 82 - 01/08/2003
PART IX MISCELLANEOUS
Duties of directors and officers of a corporation
125.2 Where a transmitter, distributor, retailer of electricity, gas marketer or unit sub-meter provider is a corporation, every director and officer of the corporation shall, (a)  exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances; and (b)  take such measures as necessary to ensure that the corporation complies with all applicable requirements under this Act, the Electricity Act, 1998 and the Energy Consumer Protection Act, 2010. 2015, c. 29, s. 19. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. F, s. 2 (5) - 08/08/2001 2002, c. 1, Sched. B, s. 15 (1) - 27/06/2002; 2002, c. 1, Sched. B, s. 15 (2) - 01/07/2002 2003, c. 3, s. 83 - 01/08/2003 2010, c. 8, s. 38 (37) - 01/01/2011 2015, c. 29, s. 19 - 04/03/2016