jswizzle3737/ontario_laws_and_regs huggingface dataset:
40 (1) If the Chief Executive Officer is satisfied that a person or entity is contravening or not complying with or has contravened or failed to comply with subsection 29 (1) or such other provision of this Act or the regulations as may be prescribed, the Chief Executive Officer may, by order, impose an administrative penalty on the person or entity in accordance with this section and the regulations.  2006, c. 29, s. 40 (1); 2018, c. 8, Sched. 17, s. 2. Same (2) Before imposing a penalty, the Chief Executive Officer shall give the person or entity a reasonable opportunity to make written submissions.  2006, c. 29, s. 40 (2); 2018, c. 8, Sched. 17, s. 2. Limitation (3) The Chief Executive Officer shall not make an order under this section more than two years after the day the Chief Executive Officer became aware of the contravention or failure to comply.  2006, c. 29, s. 40 (3); 2018, c. 8, Sched. 17, s. 2. Appeal (4) The person or entity may appeal the Chief Executive Officer’s order to the Tribunal in writing within 15 days after the order in subsection (1) is received by the person or entity.  2006, c. 29, s. 40 (4); 2018, c. 8, Sched. 17, s. 2, 3. Same (5) An appeal commenced in accordance with subsection (4) operates as a stay of the order until the matter is finally disposed of.  2006, c. 29, s. 40 (5). Same (6) The Tribunal may confirm, revoke or vary the order within the limits, if any, established by the regulations.  2006, c. 29, s. 40 (6). Effect of paying penalty (7) If the person or entity pays the administrative penalty in accordance with the terms of the order or, if the order is varied, in accordance with the terms of the varied order, he, she or it cannot be charged with an offence under this Act in respect of the same contravention or failure to comply.  2006, c. 29, s. 40 (7). Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 17, s. 2, 3 - 08/06/2019
41 An administrative penalty imposed under section 39 or 40 shall not exceed the following amount: 1. For a contravention or failure to comply by a person or entity who is, or is required to be, licensed as a mortgage brokerage or a mortgage administrator, $500,000 or such lesser amount as may be prescribed for a prescribed requirement established under this Act. 2. For a contravention or failure to comply by an individual who is, or is required to be, licensed as a mortgage broker or agent, $100,000 or such lesser amount as may be prescribed for a prescribed requirement established under this Act. 3. For a contravention or failure to comply by any other person or entity, $500,000 or such lesser amount as may be prescribed for a prescribed requirement established under this Act.  2006, c. 29, s. 41; 2020, c. 36, Sched. 29, s. 5. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 29, s. 5 (1-3) - 01/02/2022
42 (1) If a person or entity fails to pay an administrative penalty imposed under section 39 or 40 in accordance with the terms of the order imposing the penalty, the Chief Executive Officer may file the order with the Superior Court of Justice and the order may be enforced as if it were an order of the court.  2006, c. 29, s. 42 (1); 2018, c. 8, Sched. 17, s. 2. Same (2) For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court shall be deemed to be the date of the order.  2006, c. 29, s. 42 (2). Same (3) An administrative penalty that is not paid in accordance with the terms of the order imposing the penalty is a debt due to the Crown and is also enforceable as such.  2006, c. 29, s. 42 (3). Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 17, s. 2 - 08/06/2019 Prohibitions and Offences
43 (1) No mortgage brokerage or mortgage administrator shall give, assist in giving or induce or counsel another person or entity to give or assist in giving any false or deceptive information or document when carrying on the business of dealing in mortgages in Ontario or the business of trading in mortgages in Ontario, when carrying on business as a mortgage lender in Ontario or when carrying on the business of administering mortgages in Ontario.  2006, c. 29, s. 43 (1). Same (2) No mortgage broker or agent shall give, assist in giving or induce or counsel another person or entity to give or assist in giving any false or deceptive information or document when dealing in mortgages in Ontario or trading in mortgages in Ontario.  2006, c. 29, s. 43 (2).
44 (1) No person or entity shall hinder or obstruct the Chief Executive Officer or a person designated by the Chief Executive Officer in the performance of their duties under this Act.  2006, c. 29, s. 44 (1); 2018, c. 8, Sched. 17, s. 2. Same (2) No person or entity shall withhold from the Chief Executive Officer or a person designated by the Chief Executive Officer or conceal, alter or destroy anything relevant to an inquiry or examination or order under section 30, 31 or 32.  2006, c. 29, s. 44 (2); 2018, c. 8, Sched. 17, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 17, s. 2 - 08/06/2019
45 (1) No person or entity shall give false or misleading information to the Chief Executive Officer or a person designated by the Chief Executive Officer in respect of any matter related to this Act or the regulations.  2006, c. 29, s. 45 (1); 2018, c. 8, Sched. 17, s. 2. Same (2) No person or entity shall include false or misleading information in any document required to be created, stored or given to the Chief Executive Officer under this Act.  2006, c. 29, s. 45 (2); 2018, c. 8, Sched. 17, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 17, s. 2 - 08/06/2019 46, 47 Repealed: 2021, c. 40, Sched. 12, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 17, s. 2 - 08/06/2019 2021, c. 40, Sched. 12, s. 3 - 29/04/2022
48 (1) Every person who contravenes or fails to comply with any of the following provisions of this Act is guilty of an offence: 1. Subsection 2 (2) or (3) (Dealing in mortgages). 2. Subsection 3 (2) or (3) (Trading in mortgages). 3. Subsection 4 (2) (Mortgage lending). 4. Subsection 5 (2) (Administering mortgages). 5. Subsection 11 (1), (2), (3), (4), (5), (6), (7) or (8) (Prohibitions re use of title, etc.). 6. Section 27 (Prohibition re disclosure in advertising). 7. Subsection 30 (6) (Inquiries and examinations). 8. Subsection 43 (1) or (2) (Prohibition re false or deceptive information). 9. Subsection 44 (1) or (2) (Prohibition re obstruction). 10. Subsection 45 (1) or (2) (Prohibition re false or misleading information). 11.  Repealed: 2021, c. 40, Sched. 12, s. 3. 2006, c. 29, s. 48 (1); 2021, c. 40, Sched. 12, s. 3. Offence re standards of practice (2) Every person who contravenes or fails to comply with a standard of practice that is applicable to his, her or its licence is guilty of an offence.  2006, c. 29, s. 48 (2). Offence re conditions of licence (3) Every person who fails to comply with a condition of his, her or its licence is guilty of an offence.  2006, c. 29, s. 48 (3). Offence re orders (4) Every person who fails to comply with an order made under this Act is guilty of an offence.  2006, c. 29, s. 48 (4). Liability of directors and officers (5) 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 commission of 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.  2006, c. 29, s. 48 (5). Liability of directing individuals (6) Every partner of a partnership and every individual who is a member of the directing body of an entity, other than a person or partnership, who directed, authorized, assented to, acquiesced in or participated in the commission of an act or omission by the partnership or entity which, if committed by a person, would be an offence under this Act, is guilty of an offence.  2006, c. 29, s. 48 (6). Limitation (7) No proceeding under this section shall be commenced more than two years after the day the Chief Executive Officer became aware of the facts upon which the proceeding is based.  2006, c. 29, s. 48 (7); 2018, c. 8, Sched. 17, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 17, s. 2 - 08/06/2019 2021, c. 40, Sched. 12, s. 3 - 29/04/2022 Penalties for offences
49 (1) Every individual convicted of an offence under this Act is liable to a fine of not more than $500,000 or imprisonment for a term of not more than one year or both a fine and imprisonment.  2006, c. 29, s. 49 (1); 2020, c. 36, Sched. 29, s. 6 (1). For a corporation (2) Every corporation convicted of an offence under this Act is liable to a fine of not more than $1,000,000.  2006, c. 29, s. 49 (2); 2020, c. 36, Sched. 29, s. 6 (2). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 29, s. 6 (1, 2) - 01/02/2022
50 (1) If a person is convicted of an offence under this Act, the court may order the person convicted to pay compensation or make restitution in such amount and on such conditions as the court considers just, in addition to any other penalty imposed by the court.  2006, c. 29, s. 50 (1). Payment to insurer (2) If an order for compensation or restitution is made in favour of a person or entity who has received an amount from an insurer who is licensed under the Insurance Act in respect of the matter, the person required by the order to pay the compensation or make the restitution shall deliver the amount payable under the order to the insurer.  2006, c. 29, s. 50 (2). Civil remedy (3) No civil remedy for an act or omission is affected by reason only that an order for compensation or restitution under this section has been made in respect of that act or omission.  2006, c. 29, s. 50 (3). General
51 A copy of a document or record that purports to be certified by the Chief Executive Officer or a person designated by the Chief Executive Officer as a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.  2006, c. 29, s. 51; 2018, c. 8, Sched. 17, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 17, s. 2 - 08/06/2019
52 (1) If a licence is issued to a partnership, the partners are jointly and severally liable to comply with any requirement established under this Act applicable to the partnership.  2006, c. 29, s. 52 (1). Same (2) If a licence is issued to an entity other than a person or partnership, the members of the directing body of the entity are jointly and severally liable to comply with any requirement established under this Act applicable to the entity.  2006, c. 29, s. 52 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 52 of the Act is amended by adding the following subsections: (See: 2020, c. 36, Sched. 29, s. 7) Same, registration (3) If a partnership is required to register, the partners are jointly and severally liable to comply with any requirement under this Act applicable to the partnership. 2020, c. 36, Sched. 29, s. 7. Same (4) If an entity other than a partnership is required to register, the members of the directing body of the entity are jointly and severally liable to comply with any requirement established under this Act applicable to the entity. 2020, c. 36, Sched. 29, s. 7. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 29, s. 7 - not in force
53 The Minister of Finance may make regulations governing fees under this Act, including, (a) requiring the payment of fees in relation to any matter under this Act, including any services provided by or through the Ministry of Finance or the Authority; (b) prescribing the amount of fees or the manner of determining fees; (c) prescribing the manner in which and the period within which fees must be paid. 2015, c. 20, Sched. 27, s. 1; 2018, c. 8, Sched. 17, s. 4. Section Amendments with date in force (d/m/y) 2015, c. 20, Sched. 27 - 29/01/2018 2018, c. 8, Sched. 17, s. 4 - 08/05/2018
54 (1) The Chief Executive Officer may approve the use of forms for any purpose under this Act.  2006, c. 29, s. 54 (1); 2018, c. 8, Sched. 17, s. 2. Verification of information (2) The Chief Executive Officer may require a person to verify by affidavit or statutory declaration any information or document given under this Act to the Chief Executive Officer or to a person designated by the Chief Executive Officer for the purposes of this Act.  2006, c. 29, s. 54 (2); 2018, c. 8, Sched. 17, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 17, s. 2 - 08/06/2019
56 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing, for the purposes of the definition of the “cost of borrowing” in section 1, charges that are included in the cost of borrowing and charges that are excluded from the cost of borrowing; (b) prescribing information other than the cost of borrowing that must be disclosed under section 23; (c) prescribing the manner of calculating the cost of borrowing for the purposes of section 23; (d) prescribing the circumstances in which the cost of borrowing must be expressed as an amount in dollars and cents for the purposes of section 23; (e) prescribing the manner of calculating any rebate referred to in paragraph 4 of section 24; (f) prescribing changes for the purposes of paragraph 6 of section 24 and paragraph 3 of subsection 25 (1); (g) prescribing rights and obligations of borrowers for the purposes of paragraph 7 of section 24 and paragraph 4 of subsection 25 (1); (h) prescribing information that must be disclosed under paragraph 8 of section 24 and paragraph 5 of subsection 25 (1); (i) prescribing information for the purposes of section 26; (j) providing that sections 23 to 26, and the regulations made under those sections, do not apply to such mortgage brokerages in such circumstances as are prescribed; (k) providing that sections 23 to 26, and the regulations made under those sections, do not apply in respect of such classes of mortgages in such circumstances as are prescribed; (l) prescribing matters for the purposes of section 27 and respecting the form, manner and content of advertisements for the purposes of section 27; (m) prescribing the time, manner and form of any disclosure required under sections 23 to 27; (n) prescribing classes of mortgages in respect of which some or all of the requirements of sections 23 to 27 do not apply; (o) prohibiting the imposition by a brokerage who is the lender of any charge or penalty referred to in section 24 or 25; (p) governing the nature and amount of any charge or penalty referred to in section 24 or 25 that may be imposed by a brokerage who is the lender, including but not limited to, (i) providing that such a charge or penalty shall not exceed an amount prescribed in the regulation, and (ii) respecting the costs of the brokerage, mortgage broker or agent that may be included or must be excluded in the determination of the charge or penalty; (q) respecting any other matter or thing that is necessary to carry out the purposes of sections 23 to 27.  2006, c. 29, s. 56 (1). Same (2) A regulation made under clause (1) (a) may exclude charges described in clause (a), (b) or (c) of the definition of “cost of borrowing” in section 1.  2006, c. 29, s. 56 (2). Same (3) A regulation made under subsection (1) may be general or particular in its application and may be restricted in its application to the class or classes of mortgages, borrowers or lenders set out in the regulation.  2006, c. 29, s. 56 (3). Review of Act and regulations
57 (1) Within five years after this section comes into force, the Minister shall appoint one or more persons to review the operation of this Act and the regulations and to make recommendations to the Minister.  2006, c. 29, s. 57 (1). Subsequent reviews (2) The Minister shall, no later than five years after the appointment under subsection (1), appoint one or more persons to conduct a subsequent review and shall, no later than five years after the most recent appointment under this subsection, appoint one or more persons to conduct subsequent reviews.  2006, c. 29, s. 57 (2). Public consultation (3) When conducting a review, the appointees shall solicit the views of the public.  2006, c. 29, s. 57 (3). Available to public (4) The Minister shall make the recommendations of the appointees available to the public.  2006, c. 29, s. 57 (4). 58.-65 Omitted (amends or repeals other Acts).  2006, c. 29, ss. 58-65. 66 Omitted (provides for coming into force of provisions of this Act).  2006, c. 29, s. 66. 67 Omitted (enacts short title of this Act).  2006, c. 29, s. 67. ______________  Français