jswizzle3737/ontario_laws_and_regs huggingface dataset:
54 (1) If the Minister proposes to act under clause 50 (c), 51 (c) or 53 (1) (c), the Minister shall serve on the agency notice of the proposal and the reasons for it, unless the agency has consented to the proposal.  1994, c. 26, s. 54 (1); 2011, c. 1, Sched. 6, s. 4 (15). Same (2) The notice shall inform the agency of the requirements set out in subsection (5) for entitlement to a hearing.  1994, c. 26, s. 54 (2). Service of notice (3) The notice may be served by delivering it or mailing it to the agency at its most recent address known to the Minister.  1994, c. 26, s. 54 (3). Deemed time of service (4) If the notice is mailed, it shall be deemed to have been served on the seventh day after the day of mailing.  1994, c. 26, s. 54 (4). Entitlement to hearing (5) The agency is entitled to a hearing under this section if it mails or delivers a request for a hearing to the Minister within 60 days after the Minister’s notice is served on it.  1994, c. 26, s. 54 (5). If agency does not require hearing (6) If the agency does not require a hearing in accordance with subsection (5), the Minister may carry out the proposal set out in the Minister’s notice.  1994, c. 26, s. 54 (6). Appointment of person to conduct hearing (7) If the Minister proposes to act under clause 50 (c) or 51 (c) and the agency requires a hearing in accordance with subsection (5), the Minister shall appoint one or more persons not employed by the Ministry to hear the matter and recommend whether the Minister should carry out the proposal.  1994, c. 26, s. 54 (7). Same (8) If the Minister proposes to act under clause 53 (1) (c) and the agency requires a hearing in accordance with subsection (5), the Lieutenant Governor in Council shall appoint one or more persons not employed by the Ministry to hear the matter and recommend whether the Minister should carry out the proposal.  1994, c. 26, s. 54 (8); 2011, c. 1, Sched. 6, s. 4 (16). Procedure (9) Sections 17, 18, 19 and 20 of the Statutory Powers Procedure Act do not apply to a hearing under this section.  1994, c. 26, s. 54 (9). Report to Minister and agency (10) The person or persons appointed under subsection (7) or (8) shall hold a hearing and shall give the Minister and the agency a report setting out, (a)  recommendations as to the carrying out of the proposal; (b)  the findings of fact, the information and the knowledge used in making the recommendations; and (c)  the conclusions of law arrived at that are relevant to the recommendations.  1994, c. 26, s. 54 (10). Minister’s decision (11) After considering a report provided under subsection (10), the Minister may carry out the proposal and shall give the agency written notice of his or her decision respecting the proposal together with written reasons for the decision.  1994, c. 26, s. 54 (11). Section Amendments with date in force (d/m/y) 2011, c. 1, Sched. 6, s. 4 (15, 16) - 30/03/2011
55 (1) Despite section 54, on notice to the agency, the Minister may provisionally exercise a power under clause 50 (c), 51 (c) or 53 (1) (c) without a hearing if, in the Minister’s opinion, it is necessary to do so to avert an immediate threat to a person’s health, safety or well-being.  1994, c. 26, s. 55 (1); 2011, c. 1, Sched. 6, s. 4 (17). Content of notice (2) The notice to the agency under subsection (1) shall set out, (a)  the powers the Minister will be exercising; (b)  the Minister’s opinion on which the provisional exercise of the powers is based; and (c)  the reasons for the Minister’s opinion.  1994, c. 26, s. 55 (2). Continuation of exercise of power (3) As soon as possible after a power is exercised under subsection (1), the procedure set out in section 54 shall be followed to determine whether the power should continue to be exercised.  1994, c. 26, s. 55 (3). Section Amendments with date in force (d/m/y) 2011, c. 1, Sched. 6, s. 4 (17) - 30/03/2011
56 (1) If the Minister believes on reasonable grounds that an activity carried on, or the manner of carrying on an activity, in the course of the provision of a community service is causing or is likely to cause harm to a person’s health, safety or well-being, the Minister may by order require the service provider to suspend or cease the activity and may take any other action that the Minister considers to be in the best interests of the persons receiving the community service.  1994, c. 26, s. 56 (1). Notice of proposal (2) If the Minister proposes to act under subsection (1), the Minister shall serve on the service provider notice of the proposal and the reasons for it.  1994, c. 26, s. 56 (2). s. 54 applies (3) Subsections 54 (2) to (11), except subsection (8), apply with necessary modifications to a proposal under this section.  1994, c. 26, s. 56 (3). When order may be made without hearing (4) Despite subsections (2) and (3), the Minister may, without a hearing, require by order that the service provider immediately suspend or cease the activity if, in the Minister’s opinion, the continuation of the activity is an immediate threat to a person’s health, safety or well-being.  1994, c. 26, s. 56 (4). Content of order (5) The order to the service provider under subsection (4) shall set out, (a)  the Minister’s opinion on which the order is based; and (b)  the reasons for the Minister’s opinion.  1994, c. 26, s. 56 (5). Continuation of suspension or cessation (6) As soon as possible after an order is made under subsection (4), the procedure set out in subsections (2) and (3) shall be followed to determine whether the suspension or cessation of the activity should continue and whether any other action permitted under subsection (1) should be taken.  1994, c. 26, s. 56 (6).
57 (1) In exercising the power to take control of, operate and manage an approved agency under section 53, the Minister has all the powers of the agency.  1994, c. 26, s. 57 (1). Occupation of premises (2) Without limiting the generality of subsection (1), the Minister, (a)  despite sections 25 and 39 of the Expropriations Act, may immediately occupy, operate and manage any premises occupied or used by the agency for the provision of community services or arrange for the premises to be occupied, operated or managed by a person or entity designated by the Minister; and (b)  may apply without notice to the Superior Court of Justice for an order directing the sheriff to assist the Minister or the person or entity designated by the Minister in occupying the premises.  1994, c. 26, s. 57 (2); 2006, c. 19, Sched. C, s. 1 (1). Maximum period (3) The Minister shall not occupy, operate or manage premises referred to in clause (2) (a), or arrange for the premises to be occupied, operated and managed by a person or entity designated by the Minister, for a period exceeding one year without the consent of the agency or the authorization of the Lieutenant Governor in Council, and the Lieutenant Governor in Council may from time to time authorize an extension of the period.  1994, c. 26, s. 57 (3). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006 PART XI   GENERAL
58 (1) The Minister may authorize in writing any person or group of persons to exercise any of the Minister’s powers or duties under this Act, subject to the limitations, conditions and requirements that the Minister sets out in the authorization.  1994, c. 26, s. 58 (1). Deeds and contracts (2) Despite section 6 of the Executive Council Act, a deed or contract signed by a person authorized to do so under subsection (1) has the same effect as if signed by the Minister.  1994, c. 26, s. 58 (2).
59.1 (1) If the Minister has paid for approved services as a result of the negligence or other wrongful act or omission of a person, the Minister has a right, independent of his or her subrogated right under subsection 59 (2), to recover, directly against that person, the costs for approved services that have been incurred in the past and that will probably be incurred in the future as a result of the negligence or the wrongful act or omission.  1999, c. 10, s. 3. Action (2) The Minister may bring an action in his or her own name for recovery of the costs referred to in subsection (1).  1999, c. 10, s. 3. Exception (3) The Minister shall not recover costs under this section, (a)  against a member of the College of Physicians and Surgeons of Ontario if the negligence or wrongful act or omission of the member occurred while the member was acting within the scope of his or her practice and in such circumstances as may be prescribed; (b)  against a hospital under the Public Hospitals Act or a laboratory under the Laboratory and Specimen Collection Centre Licensing Act if the negligence or wrongful act or omission upon which the action is based occurred in the course of providing services that the hospital is approved to provide, or that the laboratory is licensed to provide, as the case may be, and in such circumstances as may be prescribed; or (c)  against such other persons or entities as may be prescribed in such circumstances as may be prescribed.  1999, c. 10, s. 3. Preservation of rights (4) An action under this section shall not prevent a person who required approved services as a result of the negligence or wrongful act or omission from recovering the cost or damages to which the person would otherwise be entitled.  1999, c. 10, s. 3. Cost of community and facility services (5) Subsections 59 (4) and (5) apply with respect to the determination of the cost of community and facility services for the purposes of this section.  1999, c. 10, s. 3. Disclosure of information (6) To the extent that any information relating to approved services is produced in a proceeding under this section, the information shall be produced in a manner that protects the identity of the person who received the services and of the person who provided the services.  1999, c. 10, s. 3. Definition of “approved services” (7) In this section, “approved services” means approved services within the meaning of section 59.  1999, c. 10, s. 3. Section Amendments with date in force (d/m/y) 1999, c. 10, s. 3 - 05/01/2000 60 Repealed: 2020, c. 34, Sched. 23, s. 8. Section Amendments with date in force (d/m/y) 2007, c. 8, s. 215 (4, 5) - 01/07/2010 2020, c. 34, Sched. 23, s. 8 - 01/07/2021
61 (1) The Minister may appoint any person in writing as a program supervisor to perform the duties and functions and exercise the powers of a program supervisor under this Act, subject to the limitations, conditions and requirements that the Minister sets out in the appointment.  1994, c. 26, s. 61 (1). Immunity from liability (2) No proceeding for damages or otherwise shall be commenced against a program supervisor for any act done in good faith in the execution or intended execution of any duty, function or power under this Act or for any alleged neglect or default in the execution in good faith of any duty, function or power under this Act.  1994, c. 26, s. 61 (2). Crown liability (3) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (2) does not relieve the Crown of liability to which it would otherwise be subject in respect of a tort committed by a program supervisor.  1994, c. 26, s. 61 (3); 2019, c. 7, Sched. 17, s. 89. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 89 - 01/07/2019
63 (1) A justice of the peace may issue a warrant authorizing a program supervisor named in the warrant to enter premises specified in the warrant and to exercise the powers referred to in section 62, if the justice of the peace is satisfied on information under oath that, (a)  the program supervisor has been prevented from exercising a right of entry to the premises, or a power, under section 62; or (b)  there are reasonable grounds to believe that the program supervisor will be prevented from exercising a right of entry to the premises, or a power, under section 62.  1994, c. 26, s. 63 (1). Expiry of warrant (2) The warrant shall name a date on which it expires, which date shall be not later than 30 days after the warrant is issued.  1994, c. 26, s. 63 (2). Extension of time (3) A justice of the peace may extend the date on which the warrant expires for an additional period of no more than 30 days, on application without notice by the program supervisor named in the warrant.  1994, c. 26, s. 63 (3). Use of force (4) The program supervisor named in the warrant may use whatever force is necessary to execute the warrant and may call on a police officer for assistance in executing the warrant.  1994, c. 26, s. 63 (4). Time of execution (5) The warrant may be executed only between 8 a.m. and 8 p.m. unless it specifies otherwise.  1994, c. 26, s. 63 (5). s. 62 applies (6) Section 62 applies with necessary modifications to a program supervisor executing a warrant issued under this section.  1994, c. 26, s. 63 (6).
64 (1) The Minister may collect, directly or indirectly, personal information for the following purposes: 1.  Ensuring compliance with this Act, the regulations, an agreement made under clause 4 (c) or clause 28.3 (1) (b), a service accountability agreement or a term or condition imposed by the Minister under this Act. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 1 of subsection 64 (1) of the Act is amended by striking out “or clause 28.3 (1) (b)”. (See: 2019, c. 5, Sched. 3, s. 10 (35)) 2.  Monitoring and evaluating community services provided by service providers. 3.  Monitoring and assessing the health, safety and well-being of persons applying for or receiving community services. 4.  Enforcing the right to which the Minister is subrogated under section 59. 5.  Complying with federal-provincial cost-sharing requirements.  1994, c. 26, s. 64 (1); 2004, c. 3, Sched. A, s. 89 (17); 2006, c. 4, s. 47 (12); 2016, c. 30, s. 40 (5); 2019, c. 5, Sched. 3, s. 10 (36). Head authorized to disclose (2) For the purpose of enabling the Minister to collect personal information under subsection (1), a head under the Municipal Freedom of Information and Protection of Privacy Act
and a head under the Freedom of Information and Protection of Privacy Act are authorized to disclose the information to the Minister.  1994, c. 26, s. 64 (2). Section Amendments with date in force (d/m/y) 2004, c. 3, Sched. A, s. 89 (17) - 01/11/2004 2006, c. 4, s. 47 (12)
- 01/05/2010 2016, c. 30, s. 40 (5)
- 08/12/2016 2019, c. 5, Sched. 3, s. 10 (35) - not in force; 2019, c. 5, Sched. 3, s. 10 (36) - 06/06/2019 65 Repealed:  2004, c. 3, Sched. A, s. 89 (18). Section Amendments with date in force (d/m/y) 2004, c. 3, Sched. A, s. 89 (18) - 01/11/2004
66 (1) A person is guilty of an offence if the person,  (a)  knowingly furnishes false information in an application under this Act or in a report, notice or other document required under this Act; or (b)  contravenes section 28, 29, 30, 31, 32, 33, 34, 35, 36 or 38 or subsection 59 (7), (8), (10), (13), 62 (6), (7) or (11).  1994, c. 26, s. 66 (1); 2004, c. 3, Sched. A, s. 89 (19). (2) Repealed:  2011, c. 1, Sched. 6, s. 4 (18). Municipality (3) If a municipality commits an offence referred to in subsection (1), each of the following persons who knowingly concurred in the commission of the offence is guilty of an offence: 1.  A member of the council of the municipality. 2.  An officer of the municipality. 3.  An employee of the municipality.  1994, c. 26, s. 66 (3). Corporation (4) If a corporation, other than a municipality, commits an offence referred to in subsection (1), each of the following persons who knowingly concurred in the commission of the offence is guilty of an offence: 1.  A director of the corporation. 2.  An officer of the corporation. 3.  An employee of the corporation.  1994, c. 26, s. 66 (4); 2011, c. 1, Sched. 6, s. 4 (19). First Nation, etc. (5) If an organization that is referred to in clause (e) of the definition of “agency” in subsection 2 (1) and that is not a corporation commits an offence referred to in subsection (1), each person who is a member of the body that governs the organization and who knowingly concurred in the commission of the offence is guilty of an offence.  1994, c. 26, s. 66 (5). Penalty, individual (6) Every individual who is convicted of an offence under this Act is liable, (a)  for a first offence, to a fine of not more than $25,000 or to imprisonment for a term of not more than 12 months, or to both; (b)  for a subsequent offence, to a fine of not more than $50,000 or to imprisonment for a term of not more than 12 months, or to both.  2002, c. 18, Sched. I, s. 14. Same, corporation (7) Every corporation that is convicted of an offence under this Act is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence.  2002, c. 18, Sched. I, s. 14. Compensation or restitution (8) The court that convicts a person of an offence under this section may, in addition to any other penalty, order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence.  2002, c. 18, Sched. I, s. 14. No limitation (9) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.  2002, c. 18, Sched. I, s. 14. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. I, s. 14 - 26/11/2002 2004, c. 3, Sched. A, s. 89 (19) - 01/11/2004 2011, c. 1, Sched. 6, s. 4 (18, 19) - 30/03/2011
67 This Act binds the Crown.  1994, c. 26, s. 67.