60 (1) The Tribunal may make one or more of the following orders if, in its opinion, it is in the public interest to make the order or orders: 1.  An order that the registration or recognition granted to a person or company under Ontario commodity futures law be suspended or restricted for such period as is specified in the order or be terminated, or that terms and conditions be imposed on the registration or recognition. 2.  An order that the acceptance of the form of a contract be revoked. 2.1  An order that a person or company cease trading in any contracts permanently or for such period as is specified in the order. 3.  An order that any exemptions contained in Ontario commodity futures law do not apply to a person or company permanently or for such period as is specified in the order. 4.  An order that a market participant submit to a review of his, her or its practices and procedures and institute such changes as may be ordered by the Tribunal. 5.  If the Tribunal is satisfied that Ontario commodity futures law has not been complied with, an order that a release, report, return, financial statement or other document described in the order, i.  be provided by a market participant to a person or company, ii.  not be provided by a market participant to a person or company, or iii.  be amended by a market participant to the extent that amendment is practicable. 6.  An order that a person or company be reprimanded. 7.  An order that a person resign one or more positions that the person holds as a director or officer of an issuer. 8.  An order that a person is prohibited from becoming or acting as a director or officer of any issuer. 9.  If a person or company has not complied with Ontario commodity futures law, an order requiring the person or company to pay an administrative penalty of not more than $1 million for each failure to comply. 10.  If a person or company has not complied with Ontario commodity futures law, an order requiring the person or company to disgorge to the Commission any amounts obtained as a result of the non-compliance.  1999, c. 9, s. 41; 2002, c. 22, s. 12 (1); 2017, c. 8, Sched. 5, s. 3 (1); 2021, c. 8, Sched. 9, s. 39 (26, 27). Order by Commission on consent (1.1) The Commission may make any order described in paragraph 1, 2 or 2.1 of subsection (1) if the Commission has the consent of the person or company to whom the order is directed, and in such circumstances no hearing is required, despite subsection (3). 2021, c. 8, Sched. 9, s. 39 (28); 2023, c. 21, Sched. 1, s. 4 (1). Terms and conditions (2) An order under this section may be subject to such terms and conditions as may be imposed by the Tribunal or the Commission, as the case may be. 2021, c. 8, Sched. 9, s. 39 (29). Exception (2.1) A person or company is not entitled to participate in a proceeding in which an order may be made under paragraph 9 or 10 of subsection (1) solely on the basis that the person or company may be entitled to receive any amount paid under the order.  2004, c. 31, Sched. 6, s. 2. Hearing requirement (3) No order shall be made under this section without a hearing, subject to section 4 of the Statutory Powers Procedure Act.  1999, c. 9, s. 41. No hearing if prior conviction, etc. (3.1) Despite subsection (3), if any of the following circumstances exist, the Tribunal may make an order described in paragraphs 1 to 8 of subsection (1) without giving the person or company that is subject to the order an opportunity to be heard: 1.  The person or company has been found by a court in any jurisdiction to have contravened the laws of the jurisdiction respecting commodities or contracts. 2.  The person or company has been convicted in any jurisdiction of an offence under laws respecting commodities or contracts. 3.  The person or company has been convicted in any jurisdiction of an offence arising from a transaction, business or course of conduct related to commodities or contracts. 2023, c. 21, Sched. 1, s. 4 (2). No hearing if prior order of certain regulators (3.2) Despite subsection (3), if any of the following circumstances exist, the Tribunal may make an order described in paragraphs 1 to 8 of subsection (1) without giving the person or company that is subject to the order an opportunity to be heard: 1.  The person or company is subject to an order made by an authority responsible for the regulation of commodities and contracts outside Canada, as defined in subsection (9), imposing sanctions, conditions, restrictions or requirements. 2.  The person or company is subject to an order made by an authority responsible for the regulation of commodities and contracts of another province or territory in Canada, as defined in subsection (9), imposing sanctions, conditions, restrictions or requirements. 3.  The person or company is subject to an order made by a recognized self-regulatory organization in Canada imposing sanctions, conditions, restrictions or requirements. 4.  The person or company is subject to an order made by an exchange in Canada imposing sanctions, conditions, restrictions or requirements. 2023, c. 21, Sched. 1, s. 4 (2). No hearing if prior settlement agreement with certain regulators (3.3) Despite subsection (3), if any of the following circumstances exist, the Tribunal may make an order described in paragraphs 1 to 8 of subsection (1) without giving the person or company who is subject to the order an opportunity to be heard: 1.  The person or company has agreed with an authority responsible for the regulation of commodities and contracts outside Canada, as defined in subsection (9), to be subject to sanctions, conditions, restrictions or requirements. 2.  The person or company has agreed with an authority responsible for the regulation of commodities and contracts of another province or territory in Canada, as defined in subsection (9), to be subject to sanctions, conditions, restrictions or requirements. 3.  The person or company has agreed with a recognized self-regulatory organization in Canada to be subject to sanctions, conditions, restrictions or requirements. 4.  The person or company has agreed with an exchange in Canada to be subject to sanctions, conditions, restrictions or requirements. 2023, c. 21, Sched. 1, s. 4 (2). Retrospective application (3.4) The Tribunal may make an order under subsections (3.1) to (3.3) even if the circumstances mentioned in those subsections arose before the day the Building a Strong Ontario Together Act (Budget Measures), 2023 received Royal Assent. 2023, c. 21, Sched. 1, s. 4 (2). Temporary orders, Tribunal (4) Despite subsection (3), if in the opinion of the Tribunal the length of time required to conclude a hearing could be prejudicial to the public interest, the Tribunal may make a temporary order under paragraph 1, 2, 2.1 or 3 or subparagraph 5 ii of subsection (1). 2021, c. 8, Sched. 9, s. 39 (30). Temporary orders, Commission (4.1) Despite subsection (3), if in the opinion of the Commission the length of time required to conclude a hearing could be prejudicial to the public interest, the Commission may make a temporary order under paragraph 1, 2, 2.1 or 3 or subparagraph 5 ii of subsection (1). 2021, c. 8, Sched. 9, s. 39 (30). Period of temporary order (5) A temporary order made under subsection (4) or (4.1) takes effect immediately and expires on the 15th day after its making unless extended by the Tribunal. 2021, c. 8, Sched. 9, s. 39 (31). Extension of temporary order by Tribunal (6) The Tribunal may extend a temporary order made under subsection (4) or (4.1) until the hearing is concluded if a hearing is commenced within the 15-day period. 2021, c. 8, Sched. 9, s. 39 (31). Same (7) Despite subsection (6), the Tribunal may extend a temporary order made under subsection (4) or (4.1) for such period as it considers necessary if satisfactory information is not provided to the Tribunal within the 15-day period. 2021, c. 8, Sched. 9, s. 39 (31). Notice of temporary order (8) The Tribunal shall give written notice of every temporary order made under subsection (4), together with a notice of hearing, to any person or company directly affected by the temporary order.  1999, c. 9, s. 41; 2021, c. 8, Sched. 9, s. 39 (32). Same, temporary order by Commission (8.1) The Commission shall give written notice of every temporary order made under subsection (4.1), together with a notice of hearing, to any person or company directly affected by the temporary order. 2021, c. 8, Sched. 9, s. 39 (33). Definitions (9) In subsections (3.2) and (3.3) and sections 60.0.1 and 60.0.2, “authority responsible for the regulation of commodities and contracts of another province or territory in Canada” means an authority or other person or body empowered by law to regulate commodities or contracts in, or to administer or enforce the commodity futures laws of, another province or territory in Canada, or any other person or body prescribed by a regulation, but does not include a self-regulatory organization, exchange, clearing house, trade repository, quotation and trade reporting system, auditor oversight body or credit rating organization; (“organisme de réglementation des marchandises et des contrats d’une autre province ou d’un territoire du Canada”) “authority responsible for the regulation of commodities and contracts outside Canada” means an authority, self-regulatory organization, exchange or other person or body empowered by law to regulate commodities or contracts in, or to administer or enforce the commodity futures laws of, a jurisdiction outside Canada. (“organisme étranger de réglementation des marchandises et des contrats”) 2023, c. 21, Sched. 1, s. 4 (3). Section Amendments with date in force (d/m/y) 1999, c. 9, s. 41 - 14/12/1999 2002, c. 22, s. 12 (1, 2) - 7/04/2003 2004, c. 31, Sched. 6, s. 2 - 16/12/2004 2008, c. 19, Sched. B, s. 1 - 27/11/2008 2017, c. 8, Sched. 5, s. 3 (1-3) - 17/05/2017; 2017, c. 34, Sched. 7, s. 5 - 14/12/2017 2021, c. 8, Sched. 9, s. 39 (26-34) - 29/04/2022 2023, c. 21, Sched. 1, s. 4 (1-3) - 04/12/2023