jswizzle3737/ontario_laws_and_regs huggingface dataset:
61 (1) No person shall, (a) wilfully disclose personal information in contravention of this Act; (b) wilfully maintain a personal information bank that contravenes this Act; (b.1) wilfully contravene section 49.8; (c) make a request under this Act for access to or correction of personal information under false pretenses; (c.1) alter, conceal or destroy a record, or cause any other person to do so, with the intention of denying a right under this Act to access the record or the information contained in the record; (d) wilfully obstruct the Commissioner in the performance of his or her functions under this Act; (e) wilfully make a false statement to, mislead or attempt to mislead the Commissioner in the performance of his or her functions under this Act; or (f) wilfully fail to comply with an order of the Commissioner.  R.S.O. 1990, c. F.31, s. 61 (1); 2014, c. 13, Sched. 6, s. 2 (1); 2019, c. 7, Sched. 31, s. 8. Penalty (2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine not exceeding $5,000.  R.S.O. 1990, c. F.31, s. 61 (2). Consent of Attorney General (3) A prosecution shall not be commenced under clause (1) (c.1), (d), (e) or (f) without the consent of the Attorney General.  R.S.O. 1990, c. F.31, s. 61 (3); 2014, c. 13, Sched. 6, s. 2 (2). Extended limitation for prosecution (4) A prosecution for an offence under clause (1) (c.1) shall not be commenced more than two years after the day evidence of the offence was discovered. 2014, c. 13, Sched. 6, s. 2 (3). Protection of information (5) In a prosecution for an offence under this section, the court may take precautions to avoid the disclosure by the court or any person of any of the following information, including, where appropriate, conducting hearings or parts of hearings in private or sealing all or part of the court files: 1. Information that may be subject to an exemption from disclosure under sections 12 to 21.1. 2. Information to which this Act may not apply under section 65. 3. Information that may be subject to a confidentiality provision in any other Act. 2014, c. 13, Sched. 6, s. 2 (4). Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 6, s. 2 (1-4) - 1/01/2016 2019, c. 7, Sched. 31, s. 8 - 04/11/2019 Delegation, civil proceedings
62 (1) A head may in writing delegate a power or duty granted or vested in the head to an officer or officers of the institution or another institution subject to such limitations, restrictions, conditions and requirements as the head may set out in the delegation.  R.S.O. 1990, c. F.31, s. 62 (1); 2006, c. 34, Sched. C, s. 10. Protection from civil proceeding (2) No action or other proceeding lies against a head, or against a person acting on behalf or under the direction of the head, for damages resulting from the disclosure or non-disclosure in good faith of a record or any part of a record under this Act, or from the failure to give a notice required under this Act if reasonable care is taken to give the required notice.  R.S.O. 1990, c. F.31, s. 62 (2). Vicarious liability of Crown preserved (3) Subsection (2) does not by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019
relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (2) to which it would otherwise be subject, and the Crown is liable under that Act for any such tort in a like manner as if subsection (2) had not been enacted.  R.S.O. 1990, c. F.31, s. 62 (3); 2019, c. 7, Sched. 17, s. 80. Vicarious liability of certain institutions preserved (4) Subsection (2) does not relieve an institution of liability in respect of a tort committed by a person mentioned in subsection (2) to which it would otherwise be subject and the institution is liable for any such tort in a like manner as if subsection (2) had not been enacted.  R.S.O. 1990, c. F.31, s. 62 (4). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. C, s. 10 - 1/04/2007 2019, c. 7, Sched. 17, s. 80 - 01/07/2019 Informal access
63 (1) Where a head may give access to information under this Act, nothing in this Act prevents the head from giving access to that information in response to an oral request or in the absence of a request.  R.S.O. 1990, c. F.31, s. 63 (1). Pre-existing access preserved (2) This Act shall not be applied to preclude access to information that is not personal information and to which access by the public was available by custom or practice immediately before this Act comes into force.  R.S.O. 1990, c. F.31, s. 63 (2).
64 (1) This Act does not impose any limitation on the information otherwise available by law to a party to litigation.  R.S.O. 1990, c. F.31, s. 64 (1). Powers of courts and tribunals (2) This Act does not affect the power of a court or a tribunal to compel a witness to testify or compel the production of a document.  R.S.O. 1990, c. F.31, s. 64 (2).
65.3 (1) Repealed: 2016, c. 37, Sched. 18, s. 8. Hydro One Inc. (2) This Act does not apply to Hydro One Inc. and its subsidiaries on and after the date on which the Building Ontario Up Act (Budget Measures), 2015 received Royal Assent. 2015, c. 20, Sched. 13, s. 1 (2). Same (3) The annual publication of information required by section 31 on or after the date described in subsection (2) must not include information about Hydro One Inc. and its subsidiaries. 2015, c. 20, Sched. 13, s. 1 (2). Same, transition (4) If a person has made a request under subsection 24 (3) for continuing access to a record of Hydro One Inc. or a subsidiary before the date described in subsection (2), and if the specified period for which access is requested expires after April 23, 2015, the specified period is deemed to have expired on April 23, 2015. 2015, c. 20, Sched. 13, s. 1 (2). Same, transition (5) Despite subsection (2), for a period of six months after the date described in that subsection, (a) the Commissioner may continue to exercise all of his or her powers under section 52 (inquiry) and clause 59 (b) (certain orders) in relation to Hydro One Inc. and its subsidiaries with respect to matters that occurred and records that were created before that date; and (b) Hydro One Inc. and its subsidiaries continue to have the duties of an institution under this Act in relation to the exercise of the Commissioner’s powers mentioned in clause (a). 2015, c. 20, Sched. 13, s. 1 (2). Continuing authority to issue orders, etc. (6) The powers and duties of the Commissioner to issue orders under section 54 and clause 59 (b) with respect to matters mentioned in subsection (5) continue for an additional six months after the expiry of the six-month period described in that subsection. 2015, c. 20, Sched. 13, s. 1 (2). Orders binding (7) An order issued within the time described in subsection (6) is binding on Hydro One Inc. or its subsidiaries, as the case may be. 2015, c. 20, Sched. 13, s. 1 (2). Repeal (8) Subsections (4), (5), (6) and (7) and this subsection are repealed on a day to be named by proclamation of the Lieutenant Governor. 2015, c. 20, Sched. 13, s. 1 (2). Section Amendments with date in force (d/m/y) R.S.O. 1990, c. F.31, s. 65.3 (8) - see 2015, c. 20, Sched. 13, s. 1 (2) - not in force 2015, c. 20, Sched. 13, s. 1 (1) - 19/11/15; 2015, c. 20, Sched. 13, s. 1 (2) - 4/14/15 2016, c. 37, Sched. 18, s. 8 - 08/12/2016
66 Any right or power conferred on an individual by this Act may be exercised, (a) where the individual is deceased, by the individual’s personal representative if exercise of the right or power relates to the administration of the individual’s estate; (b) by the individual’s attorney under a continuing power of attorney, the individual’s attorney under a power of attorney for personal care, the individual’s guardian of the person, or the individual’s guardian of property; and (c) where the individual is less than sixteen years of age, by a person who has lawful custody of the individual.  R.S.O. 1990, c. F.31, s. 66; 1992, c. 32, s. 13; 1996, c. 2, s. 66. Section Amendments with date in force (d/m/y) 1992, c. 32, s. 13 - 3/04/1995; 1996, c. 2, s. 66 - 29/03/1996
67 (1) This Act prevails over a confidentiality provision in any other Act unless subsection (2) or the other Act specifically provides otherwise.  R.S.O. 1990, c. F.31, s. 67 (1). Idem (2) The following confidentiality provisions prevail over this Act: 1. Subsection 53 (1) of the Assessment Act. 2. Subsections 87 (8), (9) and (10), 98 (9) and (10), 130 (6) and 163 (6) and section 227 of the Child, Youth and Family Services Act, 2017. 3. Section 68 of the Colleges Collective Bargaining Act, 2008. 4. Section 12 and 54.1 of the Commodity Futures Act. 5.  Repealed:  1993, c. 38, s. 65. 6. Subsection 137 (2) of the Courts of Justice Act. 6.1 Section 20.8 of the Financial Services Regulatory Authority of Ontario Act, 2016. 7. Subsection 119 (1) of the Labour Relations Act, 1995. 7.0.1 Sections 40 and 42 of the Legal Aid Services Act, 2020. 7.1 Section 40.1 of the Occupational Health and Safety Act. 8. Subsection 32 (4) of the Pay Equity Act. 8.1  Repealed:  2006, c. 35, Sched. C, s. 47 (3). 9. Sections 16, 17 and 121.5 of the Securities Act. 10. Subsection 4 (2) of the Statistics Act. 11. Subsection 28 (2) of the Vital Statistics Act.  R.S.O. 1990, c. F.31, s. 67 (2); 1992, c. 14, s. 1; 1993, c. 38, s. 65; 1994, c. 11, s. 388; 1998, c. 26, s. 103; 2006, c. 35, Sched. C, s. 47 (3); 2008, c. 15, s. 86; 2017, c. 8, Sched. 13, s. 6; 2017, c. 14, Sched. 4, s. 14 (2-4); 2020, c. 11, Sched. 15, s. 54; 2021, c. 40, Sched. 12, s. 2; 2023, c. 21, Sched. 1, s. 11; 2023, c. 21, Sched. 10, s. 13. Section Amendments with date in force (d/m/y) 1992, c. 14, s. 1 - 25/06/1992; 1993, c. 38, s. 65 (1, 2) - 14/02/1994; 1994, c. 11, s. 388 - 11/07/1994; 1998, c. 26, s. 103 - 18/12/1998 2006, c. 35, Sched. C, s. 47 (3) - 20/08/2007 2008, c. 15, s. 86 - 8/10/2008 2017, c. 8, Sched. 13, s. 6 - 17/05/2017; 2017, c. 14, Sched. 4, s. 14 (2-4) - 30/04/2018 2020, c. 11, Sched. 15, s. 54 - 18/10/2021 2021, c. 40, Sched. 12, s. 2 - 29/04/2022 2023, c. 21, Sched. 1, s. 11 - 04/12/2023; 2023, c. 21, Sched. 10, s. 13 - 04/12/2023 68 Repealed:  2006, c. 34, Sched. C, s. 12. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. C, s. 12 - 1/04/2007
69 (1) This Act applies to any record in the custody or under the control of an institution regardless of whether it was recorded before or after this Act comes into force.  R.S.O. 1990, c. F.31, s. 69. Hospitals (2) Despite subsection (1), this Act only applies to records in the custody or under the control of a hospital where the records came into the custody or under the control of the hospital on or after January 1, 2007.  2010, c. 25, s. 24 (21). Section Amendments with date in force (d/m/y) 2010, c. 25, s. 24 (21) - 1/01/2012
70 This Act binds the Crown.  R.S.O. 1990, c. F.31, s. 70. ______________  Français