jswizzle3737/ontario_laws_and_regs huggingface dataset:
43 (1) For the purpose of determining whether requirements imposed under this Act are being complied with, a provincial officer may, at any reasonable time and with any reasonable assistance, require a person who is subject to requirements imposed under this Act to respond to reasonable inquiries. Same (2) For the purposes of subsection (1), the provincial officer may make inquiries using any means of communication. Production of document (3) In requiring a person referred to in subsection (1) to respond to an inquiry under that subsection, a provincial officer may require the production, in any form, of any record required to be retained under this Act and of any other record that is related to the purpose of the inquiry. Records in electronic form (4) If a record is retained in electronic form, the provincial officer may require that a copy of it be provided to him or her on paper or electronically, or both.
44 (1) A provincial officer may, by order, prohibit entry into all or part of any place or prohibit the use of, interference with, disruption of or destruction of any thing in any of the following circumstances: 1. During an inspection under section 42 or 49. 2. During the time required for the provincial officer to obtain an order under section 49 of this Act or a warrant under section 158 of the Provincial Offences Act. 3. During a search carried out under a warrant issued under section 158 of the Provincial Offences Act. Requirements for order (2) An order under subsection (1) shall not be issued unless the provincial officer reasonably believes that, (a) in the case of an order prohibiting entry, there is on the land or in the place a thing that will afford evidence of an offence under this Act; or (b) in the case of an order prohibiting the use of, interference with, disruption of, or destruction of a thing, the thing will afford evidence of an offence under this Act. Notice of order (3) The provincial officer shall give reasonable notice of the order in the manner that he or she reasonably considers appropriate in the circumstances. Contents of notice (4) Notice of the order shall include an explanation of the rights provided by subsections (6) and (7). Order not effective where no notice (5) An order under subsection (1) is not effective in any court proceeding against a person where the person satisfies the court that the person neither knew nor should have known of the order. Request for rescission (6) A person aggrieved by the order may make an oral or written request to the Director to rescind it and may make oral or written submissions to the Director in support of the request. Powers of Director (7) The Director shall give prompt consideration to any request or submissions made under subsection (6) and may rescind the order. Same (8) For the purposes of subsection (7), the Director may substitute his or her own opinion for that of the provincial officer. Same (9) A Director who rescinds an order under subsection (7) shall give such directions to a provincial officer as the Director considers appropriate to bring the rescission to the attention of persons affected. No stay (10) A request for rescission of an order under subsection (1) does not stay the order, unless the Director orders otherwise in writing. Duration of order (11) An order under subsection (1) shall, (a) subject to clause (b), be effective for the shorter of the length of time necessary to complete the inspection or search referred to in that subsection or a period not exceeding two days excluding holidays; or (b) where the inspection or search referred to in that subsection is under an order under section 49 of this Act or under a warrant issued under section 158 of the Provincial Offences Act
and a time limit for the inspection or search is specified in the order or warrant, be effective until the expiration of that time.
45 (1) A provincial officer who is lawfully present in a place pursuant to a court order or otherwise in the execution of the provincial officer’s duties may, without a warrant or court order, seize any thing that is produced to the provincial officer or that is in plain view, (a) if the provincial officer reasonably believes that the thing will afford evidence of an offence under this Act; or (b) if the provincial officer reasonably believes that the thing was used or is being used in connection with the commission of an offence under this Act and that the seizure is necessary to prevent the continuation or repetition of the offence. Detention or removal, things seized (2) A provincial officer who seizes any thing under this section may remove the thing or may detain it in the place where it is seized. Reasons and receipt (3) If possible, the provincial officer shall inform the person from whom a thing is seized under this section as to the reasons for the seizure and shall give the person a receipt for the thing seized. Duty to report to justice, things seized (4) A provincial officer who seizes a thing under this section shall bring the thing before a justice or, if that is not reasonably possible, shall report the seizure to a justice. Application of Provincial Offences Act (5) Section 159 of the Provincial Offences Act applies with necessary modifications in respect of a thing seized under this section.
46 (1) A provincial officer may use such force as is reasonably necessary to carry out a court order issued under section 48 or 49, to execute a warrant issued under the Provincial Offences Act or to prevent the destruction of any thing that the provincial officer reasonably believes may afford evidence of an offence under this Act. Same (2) A provincial officer who is authorized by an order under section 49 to do anything set out in subsection 42 (1) or (4) may take such steps and employ such assistance as is necessary to accomplish what is required, and may, when obstructed in so doing, call for the assistance of any member of the Ontario Provincial Police Force or the police force in the area where the assistance is required, and it is the duty of every member of a police force to render the assistance. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 46 (2) of the Act is amended by striking out “Ontario Provincial Police Force or the police force in the area where the assistance is required, and it is the duty of every member of a police force to render the assistance” at the end and substituting “Ontario Provincial Police or the police service in the area where the assistance is required, and it is the duty of every member of a police service to render the assistance”. (See: 2018, c. 3, Sched. 5, s. 12) Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 12 - not in force Other powers and duties of provincial officers
47 (1) On request, a provincial officer who exercises a power under this Act shall identify himself or herself as a provincial officer either by the production of a copy of his or her appointment or in some other manner and shall explain the purpose of the exercise of the power. Securing of place, thing (2) If an order under section 44 or 48 is in effect, a provincial officer may take measures to secure the land, place or thing to which the order relates by means of locks, gates, fences, security guards or such other means as the provincial officer deems necessary to prevent entry into the land or place or to prevent the use of, interference with, disruption of, or destruction of the thing. Samples and copies (3) A provincial officer may detain samples and copies obtained under section 42 or 49 for any period and for any of the purposes of this Act. Duty to restore property (4) A provincial officer who makes or causes the making of an excavation in the course of his or her duties under this Act shall restore the property, so far as is reasonably possible, to the condition it was in before the excavation was made.
48 (1) Where a justice is satisfied, on evidence under oath by a provincial officer, that there is reasonable ground for believing that it is appropriate for the administration of this Act or the regulations or to protect property, the justice may issue an order prohibiting entry into all or part of any land or place or prohibiting the use of, interference with, disruption of, or destruction of any thing. Same (2) Subsections 156.5 (2) to (9) of the Environmental Protection Act apply with necessary modifications with respect to an order under subsection (1).
49 (1) A justice may issue an order authorizing a provincial officer to do anything set out in subsection 42 (1) or (4) if the justice is satisfied, on evidence under oath by a provincial officer, that there are reasonable grounds to believe that, (a) it is appropriate for the provincial officer to do anything set out in subsection 42 (1) or (4) for the purpose of determining any person’s compliance with requirements imposed under this Act; and (b) the provincial officer may not be able to carry out his or her duties effectively without an order under this section because, (i) no occupier is present to grant access to a place that is locked or otherwise inaccessible, (ii) a person has prevented or may prevent the provincial officer from doing anything set out in subsection 42 (1) or (4), (iii) it is impractical, because of the remoteness of the place to be inspected or for any other reason, for a provincial officer to obtain an order under this section without delay if access is denied, or (iv) an attempt by a provincial officer to do anything set out in subsection 42 (1) or (4) might not achieve its purpose without the order; or (c) a person is refusing or is likely to refuse to respond to reasonable inquiries. Same (2) Subsections 42 (5) to (8) apply to an inspection carried out under an order issued under this section. Expiry (3) Unless renewed, an order under this section expires on the earlier of the day specified for the purpose in the order and the day that is 30 days after the date on which the order is made. Renewal (4) An order under this section may be renewed in the circumstances in which an order may be made under subsection (1), before or after expiry, for one or more periods of not more than 30 days. When to be executed (5) Unless the order provides otherwise, everything that an order under this section authorizes must be done between 6 a.m. and 9 p.m. Same (6) A renewal order under subsection (4) may be issued on application made with such notice, if any, as may be specified under subsection (7). Application for dwelling (7) An application for a judicial order authorizing entry to a dwelling or a place that includes a room that is used as a dwelling shall specifically indicate that the application relates to a dwelling. Enforcement
50 (1) Every person who contravenes or fails to comply with this Act or the regulations is guilty of an offence except in the case of a failure to comply with the requirement set out in paragraph 2 of subsection 14 (7). Offence re: orders (2) Every person who contravenes or fails to comply with an order made under this Act, other than an order made under section 57
(administrative penalties), is guilty of an offence. Offence re: fees (3) Every person who fails to pay a fee that the person is required to pay under this Act is guilty of an offence. Liability of directors and officers (4) If a corporation commits an offence under this Act, every director or officer of the corporation who directed, authorized, assented to, acquiesced in or participated in the offence, or who failed to take reasonable care to prevent the corporation from committing the offence, is guilty of an offence, whether or not the corporation has been prosecuted or convicted. Limitation (5) No proceeding under this section shall be commenced more than six years after the day on which evidence of the offence first came to the attention of a provincial offences officer appointed under the Provincial Offences Act. Penalties
51 (1) Every individual convicted of an offence under this Act, other than an offence described in subsection (3), is liable to the following penalties: 1. On a first conviction, a fine of not more than $50,000 for each day or part of a day on which the offence occurs or continues. 2. On each subsequent conviction, a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues, or imprisonment for a term of not more than one year, or both. Corporation, general (2) Every corporation convicted of an offence under this Act, other than an offence described in subsection (3), is liable to the following penalties for each day or part of a day on which the offence occurs or continues: 1. On a first conviction, a fine of not more than $250,000. 2. On each subsequent conviction, a fine of not more than $500,000. Specified offences (3) Subsections (4) and (5) apply with respect to the following offences under subsection 50 (1): 1. Failure to comply with subsection 14 (1) (duty to submit emission allowances and credits). 2. Contravention of subsection 29 (1), (2), (3), (4), (5) or (6) (prohibitions re: trading). 3. Contravention of subsection 32 (6) or (7) (prohibitions re: auction of Ontario emission allowances). 4. Contravention of subsection 64 (1), (2), (3), (4) or (5) (prohibitions affecting administration). Corporation, for specified offences (4) Every corporation convicted of an offence described in subsection (3) is liable to the following penalties for each day or part of a day on which the offence occurs or continues: 1. On a first conviction, a fine of not less than $25,000 and not more than $6 million. 2. On a second conviction, a fine of not less than $50,000 and not more than $10 million. 3. On each subsequent conviction, a fine of not less than $100,000 and not more than $10 million. Individual, for specified offences (5) Every individual convicted of an offence described in subsection (3) is liable to the following penalties: 1. On a first conviction, a fine of not less than $5,000 and not more than $4 million, or imprisonment for a term of not more than five years less a day, or both. 2. On a second conviction, a fine of not less than $10,000 and not more than $6 million, or imprisonment for a term of not more than five years less a day, or both. 3. On each subsequent conviction, a fine of not less than $20,000 and not more than $6 million, or imprisonment for a term of not more than five years less a day, or both. Higher fines (6) The court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may increase a fine imposed upon the person by an amount equal to the amount of the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence, despite the maximum fines provided under subsections (1) to (5).
52 In determining the number of a person’s previous convictions for the purpose of section 51, the court shall include previous convictions of the person under, (a) this Act; (b) the Commodity Futures Act; (c) the Environmental Protection Act, other than for an offence related to Part IX of that Act; (d) the Nutrient Management Act, 2002; (e) the Ontario Water Resources Act; (f) the Pesticides Act; (g) the Safe Drinking Water Act, 2002; (h) the Securities Act; (i) the Toxics Reduction Act, 2009.
54 (1) On its own initiative or on the request of the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may make an order for restitution against the person convicted of the offence, requiring the person to compensate or make restitution to an aggrieved person or persons for reasonable expenses actually incurred by the aggrieved person that results from or is in any way connected to the commission of the offence, in such amount and on such terms and conditions as the court considers just. No restitution to person who committed offence (2) The court shall not make an order for restitution in favour of any person on account of damage that is the result of, (a) the commission of an offence by the person; or (b) a contravention in respect of which an order has been served on the person requiring the person to pay an administrative penalty under section 57, unless the order has been revoked. Notification of order (3) If a court makes an order for restitution, the court shall cause a copy of the order or a notice of the content of the order to be given to the person to whom the restitution is ordered to be paid. Filing of order in court (4) An order for restitution may be filed with a local registrar of the Superior Court of Justice and the responsibility for filing shall be on the person to whom the restitution is ordered to be paid. Enforcement of order (5) An order for restitution filed under subsection (4) may be enforced as if it were an order of the court. Same (6) Section 129 of the Courts of Justice Act applies in respect of an order for restitution filed under subsection (4) and, for the purpose, the date of filing is deemed to be the date of the order. Civil remedy (7) A civil remedy for an act or omission is not affected by reason only that an order for restitution under this section has been made in respect of that act or omission.
55 (1) If a person is convicted of an offence under this Act and a fine is imposed, (a) a thing seized in connection with the offence shall not be returned until the fine has been paid; and (b) if payment of the fine is in default within the meaning of section 69 of the Provincial Offences Act, a justice may order that the thing be forfeited to the Crown. Same (2) Subsections 190.2 (2) to (6) of the Environmental Protection Act apply with necessary modifications in relation to an order under clause (1) (b).
56 If a person is convicted of an offence under this Act, the justice may, in addition to any other penalty, order the person to pay all or part of the expenses incurred by the Ministry with respect to the seizure, storage or disposition of any thing seized in connection with the offence.
58 (1) A provincial officer may issue an order to any person that the provincial officer reasonably believes is contravening or has contravened a provision of this Act or the regulations, a condition of a registration under this Act or a provision of an order made under this Act, other than an order of a court. Information to be included in order (2) The order shall specify the provision or condition contravened, briefly describe the nature and, if applicable, the location of the contravention and state that a review of the order may be requested in accordance with section 59. What order may require (3) The order may require the person to whom it is directed to comply with any directions set out in the order with respect to the following matters and to do so within the time specified in the order: 1. Achieving compliance with the provision or condition. 2. Preventing the continuation or repetition of the contravention. 3. Securing, whether through locks, gates, fences, security guards or other means, any land, place or thing. 4. Monitoring and recording and reporting on the monitoring and recording. 5. Submitting a plan for achieving compliance with the provision or condition, including the engagement of contractors, consultants and others satisfactory to a provincial officer. 6. Posting notice of the order. 7. Taking such other steps as may be prescribed by regulation. Amendment or revocation of order (4) An order issued under subsection (1) may, by order, be amended or revoked by the provincial officer who issued it or by the Director. Same (5) A provincial officer or Director who amends or revokes an order shall give written notice of the amendment or revocation to the person to whom the order is directed.
59 (1) A person to whom an order under subsection 58 (1) is directed may request that the Director review the order, and the request must be made within seven days after the person is served with a copy of the order or within such longer period as may be prescribed by regulation. Manner of making request (2) The request may be made in writing or it may be made orally, with written confirmation served on the Director within the time specified in subsection (1). Contents of request for review (3) The written request for review, or written confirmation of an oral request, shall include the following information: 1. The portions of the order in respect of which the review is requested. 2. Any submissions that the applicant for the review wishes the Director to consider. 3. For the purpose of subsection (7), an address for service by mail or by electronic facsimile transmission or by such other means of service as the regulations may prescribe. No automatic stay (4) The request for review does not stay the order, unless the Director orders otherwise in writing. Decision of Director (5) The Director may, by order directed to the person who requested the review, confirm, amend or revoke the order of the provincial officer. Same (6) For the purposes of subsection (5), the Director may substitute his or her own opinion for that of the provincial officer. Notice of decision (7) The Director shall serve the person requesting the review with a copy of the Director’s order under subsection (5) together with reasons. Automatic confirmation of order (8) The Director is deemed to have confirmed the order of the provincial officer, by order, if the Director does not give the person who requested the review oral or written notice of the Director’s order under subsection (5) within seven days after the Director received the written request, or written confirmation of the oral request, or within such longer period as may be prescribed by regulation. Deemed service of automatic order (9) For the purpose of section 60 and a hearing required under that section, a confirming order deemed to have been made by the Director under subsection (8) is deemed to be directed to each person to whom the order of the provincial officer was directed and is deemed to have been served on each of those persons at the expiry of the period referred to in subsection (8). Exception to automatic confirmation (10) Subsections (8) and (9) do not apply if, within seven days of receiving the request for review or within such longer period as may be prescribed by regulation, the Director stays the order under subsection (9) and gives written notice to the person requesting the review that the Director requires additional time to make a decision under subsection (5). Administration
61 (1) Any party to a hearing before the Environmental Review Tribunal under this Act may appeal from its decision on a question of law to the Divisional Court, with leave of the Divisional Court, in accordance with the rules of court. Effect of appeal (2) The appeal does not stay the operation of the decision of the Tribunal, unless the Tribunal orders otherwise. Same (3) On the appeal, the Divisional Court may stay the operation of the decision or set aside a stay ordered by the Tribunal under subsection (2).
62 (1) The authority to make an order under this Act includes the authority to require the person to whom the order is directed to take such intermediate action or such procedural steps or both as are related to the action required or prohibited by the order and as are specified in the order. Same, authority to amend, revoke (2) The authority to make a decision or an order includes the authority to amend or revoke the decision or order. Same, authority to order access (3) A person who has authority under this Act to order that a thing be done on or in any place also has authority to order any person who owns, occupies or has the charge, management or control of the place to permit access to the place for the purpose of doing the thing. Collection, use and disclosure of information
63 (1) The regulations may specify the personal information that must be given to the Director in order to establish and authenticate the identity of an individual, on an ongoing basis, in connection with a person’s registration, recognition or designation under this Act, including participation in an auction or sale of Ontario emission allowances, and in connection with a registered participant’s cap and trade accounts. Same (2) If the regulations so provide, the Director may collect information, including a police records check, to confirm that a person satisfies the requirements of registration, recognition or designation on an ongoing basis. Deemed confidentiality (3) If the regulations so provide, such information as may be prescribed that is collected under this Act, other than personal information, is deemed to have been supplied in confidence. Authorized disclosure (4) Despite subsection (3), the Minister and the Director may disclose information obtained under this Act, including personal information, for the purpose of administering and enforcing this Act and the regulations, and for such other purposes as may be prescribed. Data minimization (5) Where the collection, use or disclosure of personal information is authorized under this Act or prescribed by regulation, no more personal information may be collected, used, or disclosed than is reasonably necessary to meet the purpose of the collection, use, or disclosure, as the case may be. Prohibitions affecting administration
64 (1) No person shall hinder or obstruct the Minister, the Director, a provincial officer, a public servant or any agent of the Crown in the performance of his or her duties under this Act. Same (2) No person shall withhold from a provincial officer or conceal, alter or destroy anything relevant to an inspection under section 42 or an inquiry under section 43. Same (3) No person shall refuse to give information required for the purposes of this Act or the regulations to the Minister, the Director, a provincial officer, a public servant or any agent of the Crown. False or misleading information (4) No person shall give false or misleading information to the Minister, the Director, a provincial officer, a public servant or an agent of the Crown in respect of any matter related to this Act or the regulations. Same (5) No person shall include false or misleading information in any record required to be created, stored or submitted under this Act. Matters of evidence
65 (1) For all purposes in any proceeding, a statement purporting to be signed by the Director is, without proof of the office or signature of the Director, admissible as proof, in the absence of evidence to the contrary, of the facts stated in it in relation to the following matters: 1. The registration or non-registration, recognition or non-recognition or designation or non-designation of any person. 2. The provision or non-provision of any material required or permitted to be filed with the Director. 3. The time when facts upon which the proceedings are based first came to the knowledge of the Director. 4. Any other matter pertaining to the matters referred to in paragraph 1 or 2. 5. Such other matters as may be prescribed. Proof of record (2) Any record made under this Act that purports to be signed by any of the following persons or a certified copy of such a record is admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, that the document is signed by the person without proof of the office or signature of the person: 1. The Minister. 2. The Director. 3. A public servant, a provincial officer or an analyst appointed under section 73. 4. Such other persons as may be prescribed. Not compellable (3) No person shall be compelled to give testimony in a civil proceeding with regard to information obtained in the course of exercising a power or performing a duty under this Act, other than, (a) in a proceeding under this Act; or (b) an appeal or a judicial review relating to a proceeding described in clause (a).
66 The Director may require a person to verify by affidavit or statutory declaration any record given under this Act to the Director or to a provincial officer.
67 (1) Any document given or served under this Act is sufficiently given or served if it is, (a) delivered personally; (b) sent by mail addressed to the person to whom delivery or service is required to be made at the latest address for the person appearing on the records of the Ministry; or (c) given or served in accordance with regulations respecting service. When service deemed made (2) If service is made by mail, the service shall be deemed to be made on the fifth 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, disability or other cause beyond the person’s control receive the notice or order until a later date. Same (3) If service is made by a method other than personal delivery or mail, the service is deemed to have been made on the day, if any, specified by regulation.
68 An amount payable to the Crown under this Act is a debt due to the Crown and may be recovered by any remedy or procedure available to the Crown by law.
69 (1) No cause of action arises against the Crown as a direct or indirect result of any act or omission that a person who is not an employee or agent of the Crown takes or makes in the execution or intended execution of any of the person’s powers or duties under this Act. No proceeding against the Crown (2) No action or other proceeding for damages, including but not limited to a proceeding for a remedy in contract, restitution, tort or trust, shall be instituted against the Crown in connection with any cause of action described in subsection (1). No liability of Crown employee (3) No action or other proceeding shall be instituted against an employee or agent of the Crown for an act done in good faith in the execution or intended execution of a duty under this Act or for an alleged neglect or default in the execution in good faith of the duty. Tort by Crown employee (4) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (3) does not relieve the Crown of liability in respect of a tort committed by an employee or agent of the Crown to which it would otherwise be subject.
70 (1) Despite any other Act or law, no person is entitled to be compensated for any loss or damages, including loss of revenues, loss of profit or loss of expected earnings that would otherwise have been payable to any person in respect of any action taken by the Minister or the Director under this Act, or by any person acting on their behalf, including any action relating to the removal of emission allowances and credits from a participant’s cap and trade accounts. No expropriation, etc. (2) Nothing done or not done in accordance with this Act or the regulations constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. No payment (3) No amount is payable by the Crown with respect to any action taken by the Minister or the Director under this Act, or by any person acting on their behalf, including any action relating to the removal of emission allowances and credits from a participant’s cap and trade accounts. General
72 (1) The Minister may appoint one or more public servants as Directors to exercise such powers and perform such duties and functions under this Act as the Minister specifies. Same, restriction (2) When making the appointment, the Minister may limit the authority of a Director in the manner that the Minister considers necessary or advisable. Delegation by Director (3) A Director may delegate any of the Director’s powers or duties under this Act to a public servant, and may impose restrictions with respect to the delegation.
73 (1) The Minister may designate one or more public servants or other persons as provincial officers to exercise such powers and perform such duties and functions under this Act as the Minister specifies. Appointment of analysts (2) The Minister may appoint one or more public servants or other persons as analysts to exercise such powers and perform such duties and functions under this Act as the Minister specifies. Same, restriction (3) When making the designation or appointment, the Minister may limit the authority of a provincial officer or an analyst in the manner that the Minister considers necessary or advisable. Status (4) A provincial officer is a peace officer for the purpose of enforcing this Act.
74 (1) The Minister may delegate any of the Minister’s powers or duties under this Act to a public servant or other person and may impose restrictions with respect to the delegation. Restriction (2) The Minister cannot delegate such powers and duties as may be prescribed to a person who is not a public servant.
75 Despite Part I of the Financial Administration Act, the Minister may do the following: 1. Receive funds that are not public money within the meaning of subsection 1 (3) of the Financial Administration Act, if the Minister receives the funds for selling emission allowances or credits on behalf of a registrant or former registrant, or in such other circumstances as may be prescribed. 2. Exercise control over funds that are not public money within the meaning of subsection 1 (3) of the Financial Administration Act and that are held in an account that is not in the name of the Crown, if the Minister obtains control over the funds in such circumstances as may be prescribed. 3. Establish accounts in the name of the Minister with an entity referred to in subsection 2 (2) of the Financial Administration Act. 4. Deposit funds referred to in paragraph 1 or 2 into accounts established under paragraph 3. 5. Pay out the funds referred to in paragraph 1 or 2 and the income earned on those funds in accordance with the regulations.
76 (1) The Minister may enter into one or more agreements with representatives of other jurisdictions for the harmonization and integration of the cap and trade program under this Act with corresponding programs of those jurisdictions. Exchange of information (2) Without limiting the generality of subsection (1), an agreement may provide for the exchange of information, including personal information, between the Director and a person who has supervisory or regulatory powers under corresponding legislation of the other jurisdiction, if the information is necessary for the purposes of, (a) complying with, implementing or enforcing the agreement; or (b) the administration and enforcement of this Act and the regulations and the corresponding legislation of the other jurisdiction. Confidentiality (3) Information received by the Minister or the Director pursuant to an agreement is deemed to have been supplied in confidence if the agreement provides for confidentiality.
77 (1) The Minister may enter into one or more agreements with persons to provide for such matters relating to the administration and enforcement of this Act and the regulations as the Minister considers appropriate. Same (2) The regulations may impose requirements and restrictions with respect to the Minister’s authority under subsection (1) and, without limiting the generality of subsection (1), may authorize an agreement to provide for the following matters: 1. The delegation of specified powers and duties of the Minister under this Act, and the subdelegation of those powers and duties. 2. Authorization for a person to exercise such powers and perform such duties of the Director under this Act as may be prescribed. 3. Submission of the Crown to the jurisdiction of a foreign court. 4. Conflicts of law. 5. Such other matters as may be prescribed. Status as Crown agent (3) A person with whom the Minister enters into an agreement is not a Crown agent for any purpose unless a regulation, and the agreement, specifies otherwise.
79 (1) The Minister may make regulations in respect of the following matters: 1. Imposing fees for anything done or requested to be done under this Act, prescribing the manner in which and the period within which fees must be paid, and authorizing the refund of fees in prescribed circumstances. Exemptions (2) A regulation made under subsection (1) may exempt a person or class of persons from a specified requirement imposed by the regulation in such circumstances as may be prescribed or provide that a specified requirement does not apply to the person or class in such circumstances as may be prescribed. 80 Omitted (amends other legislation). 81 Omitted
(provides for coming into force of provisions of this Act). 82 Omitted (enacts short title of this Act). schedule 1   greenhouse gas reduction account