jswizzle3737/ontario_laws_and_regs huggingface dataset:
47 (1) The Lieutenant Governor in Council may make regulations, (0.a) prescribing standards for determining what constitutes reasonable grounds for a head to conclude that a request for access to a record is frivolous or vexatious; (0.a.1) prescribing Aboriginal organizations and communities for the purposes of clause (c) of the definition of “Aboriginal community” in subsection 9.1 (2); (a) respecting the procedures for access to original records under section 23; (a.1) requiring the head of an institution to assist persons with disabilities in making requests for access under subsection 17 (1) or 37 (1); (b) prescribing the circumstances under which records capable of being produced from machine readable records are not included in the definition of “record” for the purposes of this Act; (c) setting standards for and requiring administrative, technical and physical safeguards to ensure the security and confidentiality of records and personal information under the control of institutions; (c.1) providing for procedures to be followed by an institution if personal information is disclosed in contravention of this Act; (d) setting standards for the accuracy and completeness of personal information that is under the control of an institution; (e) prescribing time periods for the purposes of subsection 30 (1); (e.1) respecting the disposal of personal information under subsection 30 (4), including providing for different procedures for the disposal of personal information based on the sensitivity of the personal information; (f) prescribing the amount, the manner of payment and the manner of allocation of fees described in clause 17 (1) (c) or 37 (1) (c), subsection 39 (1.1) or section 45 and the times at which they are required to be paid; (g) prescribing matters to be considered in determining whether to waive all or part of the costs required under section 45; (h) designating any agency, board, commission, corporation or other body as an institution; (i) prescribing circumstances under which the notice under subsection 29 (2) is not required; (j) prescribing conditions relating to the security and confidentiality of records used for a research purpose; (k) prescribing forms and providing for their use; (l) respecting any matter the Lieutenant Governor in Council considers necessary to carry out effectively the purposes of this Act.  R.S.O. 1990, c. M.56, s. 47; 1996, c. 1, Sched. K, s. 24 (1, 2); 2006, c. 34, Sched. C, s. 18; 2017, c. 8, Sched. 20, s. 5. Categories of fees (2) A regulation made under clause (1) (f) may prescribe a different amount, manner of payment, manner of allocation or time of payment of fees for different categories of records or persons requesting access to a record.  1996, c. 1, Sched. K, s. 24 (3). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. K, s. 24 (1-3) - 30/01/1996 2006, c. 34, Sched. C, s. 18 - 31/12/2016 2017, c. 8, Sched. 20, s. 5 - 09/03/2018
48 (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; (c) make a request under this Act for access to or correction of personal information under false pretences; (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. M.56, s. 48 (1); 2014, c. 13, Sched. 6, s. 4 (1). 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. M.56, s. 48 (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. M.56, s. 48 (3); 2014, c. 13, Sched. 6, s. 4 (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. 4 (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 6 to 14. 2. Information to which this Act may not apply under section 52. 3. Information that may be subject to a confidentiality provision in any other Act. 2014, c. 13, Sched. 6, s. 4 (4). Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 6, s. 4 (1-4) - 01/01/2016 Delegation, civil proceedings
49 (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. M.56, s. 49 (1); 2006, c. 34, Sched. C, s. 19. 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. M.56, s. 49 (2). Vicarious liability of institutions preserved (3) Subsection (2) does not relieve an institution from liability in respect of a tort committed by a head or 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. M.56, s. 49 (3). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. C, s. 19 - 01/04/2007 Informal access
50 (1) If 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. 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 statute, custom or practice immediately before the 1st day of January, 1991.  R.S.O. 1990, c. M.56, s. 50.
51 (1) This Act does not impose any limitation on the information otherwise available by law to a party to litigation. 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. M.56, s. 51.
52 (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 the 1st day of January, 1991.  R.S.O. 1990, c. M.56, s. 52 (12). Non-application of Act (2) This Act does not apply to records placed in the archives of an institution by or on behalf of a person or organization other than the institution.  R.S.O. 1990, c. M.56, s. 52 (2). Same (2.1) This Act does not apply to a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed.  2006, c. 34, Sched. C, s. 20. Same (3) Subject to subsection (4), this Act does not apply to records collected, prepared, maintained or used by or on behalf of an institution in relation to any of the following: 1. Proceedings or anticipated proceedings before a court, tribunal or other entity relating to labour relations or to the employment of a person by the institution. 2. Negotiations or anticipated negotiations relating to labour relations or to the employment of a person by the institution between the institution and a person, bargaining agent or party to a proceeding or an anticipated proceeding. 3. Meetings, consultations, discussions or communications about labour relations or employment-related matters in which the institution has an interest.  1995, c. 1, s. 83. Exception (4) This Act applies to the following records: 1. An agreement between an institution and a trade union. 2. An agreement between an institution and one or more employees which ends a proceeding before a court, tribunal or other entity relating to labour relations or to employment-related matters. 3. An agreement between an institution and one or more employees resulting from negotiations about employment-related matters between the institution and the employee or employees. 4. An expense account submitted by an employee of an institution to that institution for the purpose of seeking reimbursement for expenses incurred by the employee in his or her employment.  1995, c. 1, s. 83. Non-application of Act (5) This Act does not apply to identifying information in a record relating to medical assistance in dying. 2017, c. 7, s. 4. Interpretation (6) In subsection (5), “identifying information” means information, (a) that relates to medical assistance in dying, and (b) that identifies an individual or facility, or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual or facility; (“renseignements identificatoires”) “medical assistance in dying” means medical assistance in dying within the meaning of section 241.1 of the Criminal Code (Canada). (“aide médicale à mourir”) 2017, c. 7, s. 4. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 83 - 10/11/1995 2006, c. 34, Sched. C, s. 20 - 01/04/2007 2017, c. 7, s. 4
- 10/05/2017
52.1 (1) 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. 28, s. 1. Transition, Minister’s report (2) The publication of information required by section 24 on or after the date described in subsection (1) must not include information about Hydro One Inc. and its subsidiaries. 2015, c. 20, Sched. 28, s. 1. Transition, request for continuing access (3) If a person had made a request under subsection 17 (3) for continuing access to a record of Hydro One Inc. or a subsidiary before the date described in subsection (1), 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. 28, s. 1. Repeal (4) Subsection (3) and this subsection are repealed on a day to be named by proclamation of the Lieutenant Governor. 2015, c. 20, Sched. 28, s. 1. Transition (5) Despite subsection (1), 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 41 (inquiry) and clause 46 (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. 28, s. 1. Continuing authority to issue orders, etc. (6) The powers and duties of the Commissioner to issue orders under section 41 and clause 46 (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. 28, s. 1. 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. 28, s. 1. Repeal (8) Subsections (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. 28, s. 1. Section Amendments with date in force (d/m/y) 2015, c. 20, Sched. 28, s. 1 - 04/06/2015
53 (1) This Act prevails over a confidentiality provision in any other Act unless the other Act or this Act specifically provides otherwise.  R.S.O. 1990, c. M.56, s. 53 (1). Idem (2) The following confidentiality provisions prevail over this Act: 1. Subsection 88 (6) of the Municipal Elections Act, 1996. 2. Subsection 53 (1) of the Assessment Act.  R.S.O. 1990, c. M.56, s. 53 (2); 1996, c. 32, s. 77. Section Amendments with date in force (d/m/y) 1996, c. 32, s. 77 - 19/12/1996
54 Any right or power conferred on an individual by this Act may be exercised, (a) if 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) if the individual is less than sixteen years of age, by a person who has lawful custody of the individual.  R.S.O. 1990, c. M.56, s. 54; 1992, c. 32, s. 23; 1996, c. 2, s. 73. Section Amendments with date in force (d/m/y) 1992, c. 32, s. 23 - 03/04/1995 1996, c. 2, s. 73 - 29/03/1996 55 Repealed:  2006, c. 34, Sched. C, s. 21. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. C, s. 21 - 01/04/2007 ______________  Français