jswizzle3737/ontario_laws_and_regs huggingface dataset:
56.1 If the registrar is of the opinion, whether as a result of a complaint or otherwise, that a licensee has contravened any provision of this Act, the regulations or prescribed legislation, the registrar may do any of the following, as the registrar considers appropriate: 1.  Give the licensee a written warning, stating that if the licensee continues with the activity that led to the alleged contravention, action may be taken against the licensee. 2.  Require the licensee to take further educational courses. 3.  Require the licensee, in accordance with the terms, if any, that the registrar specifies, to fund educational courses for persons that the licensee employs or to arrange and fund the courses. 4.  Refer the matter, in whole or in part, to the discipline committee. 5.  Take an action under section 40, subject to section 43. 6.  Take further action as is appropriate in accordance with this Act, including, for greater certainty, make an order under section 76 imposing an administrative penalty or refer the matter, in whole or in part, to another assessor to consider whether such an order should be made. 2022, c. 12, Sched. 3, s. 2; 2022, c. 21, Sched. 5, s. 4. Section Amendments with date in force (d/m/y) 2022, c. 12, Sched. 3, s. 2 - 14/04/2022; 2022, c. 21, Sched. 5, s. 4 - 01/02/2023
58 (1) The registrar is, by virtue of the registrar’s office, an inspector. Appointment (2) The registrar shall appoint persons to be inspectors for the purposes of conducting inspections under this Act. Certificate of appointment (3) The registrar shall issue to every inspector a certificate of appointment bearing the registrar’s signature or a facsimile of it. Proof of appointment (4) Every inspector who is conducting an inspection under this Act shall, upon request, produce the certificate of appointment as an inspector.
59 (1) An inspector may, without a warrant or court order, conduct an inspection in accordance with this section for the purpose of, (a)  ensuring compliance with this Act and the regulations; (b)  dealing with a complaint under section 56; or (c)  ensuring a licensee remains entitled to a licence. Power to enter premises (2) As part of an inspection, an inspector may, without a warrant or court order, enter and inspect, at any reasonable time, the business premises of a licensee. Expert help (3) An inspector conducting an inspection under this section may be accompanied by one or more persons with special, expert or professional knowledge, and other persons as necessary, as the inspector considers advisable. Powers on inspection (4) While carrying out an inspection, an inspector, (a)  is entitled to free access to all money, valuables, documents and records of the person being inspected that are relevant to the inspection; (b)  may make reasonable inquiries of any person, orally or in writing, with respect to anything relevant to the inspection; (c)  may require a person to produce any document or record relevant to the inspection and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce, in any form, the document or record; (d)  may use any data storage, processing or retrieval device or system used to engage in activities of a licensee in order to produce information that is relevant to the inspection and that is in any form; (e)  may, upon giving a receipt for them, remove for examination and copy anything relevant to the inspection, including any data storage disk or other retrieval device in order to produce information, but shall promptly return to the person being inspected the thing that was removed; and (f)  may, alone or in conjunction with the other persons described in subsection (3), make examinations or inquiries or take tests, as are necessary for the purposes of the inspection. No use of force (5) An inspector shall not use force to enter and inspect premises under this section. No obstruction (6) No person shall obstruct an inspector conducting an inspection or a person accompanying the inspector under subsection (3) or withhold from the inspector or that other person or conceal, alter or destroy any money, documents or records that are relevant to the inspection. Compliance (7) If an inspector under clause (4) (c) requires a person to produce a document or record and to provide assistance, the person shall produce the document or record or provide the assistance, as the case may be. Admissibility of copies (8) A copy of a document or record certified by an inspector to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.
60 (1) The Director shall appoint persons to be investigators for the purposes of conducting investigations under this Act. Certificate of appointment (2) The Director shall issue to every investigator a certificate of appointment bearing the Director’s signature or a facsimile of it. Proof of appointment (3) Every investigator who is conducting an investigation under this Act shall, upon request, produce the certificate of appointment as an investigator.
62 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of the investigator’s duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.
63 (1) An investigator may exercise any of the powers described in subsection 61 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be reasonably possible to obtain the warrant. Dwellings (2) Subsection (1) does not apply to a building or a part of a building that is being used as a dwelling. Use of force (3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary. Applicability of s. 61 (4) Subsections 61 (8) to (12) apply, with necessary modifications, to a search under this section.
63.1 (1) An investigator who seizes any thing under the authority of section 61, 62 or 63 shall bring it before a justice of the peace or, if that is not reasonably possible, shall report the seizure to a justice of the peace. 2019, c. 14, Sched. 10, s. 11 (2). Procedure (2) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized under the authority of section 61, 62 or 63 of this Act, reading the reference in subsection 160 (1) of that Act to a document that a person is about to examine or seize under a search warrant as a reference to a thing that an investigator is about to examine or seize under the authority of section 61, 62 or 63 of this Act. 2019, c. 14, Sched. 10, s. 11 (2). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 10, s. 11 (2) - 01/02/2021 Orders and Offences
64 (1) If the registrar believes on reasonable grounds that any licensee is making a false, misleading or deceptive representation in an advertisement, circular, pamphlet or material published by any means with respect to an existing or proposed new home, the registrar may, (a)  order the licensee to cease making the representation; and (b)  order the licensee to retract the representation or publish a correction of equal prominence to the original publication. Order effective (2) The order takes effect immediately upon being made. Content of order (3) The order shall inform the licensee named in it that the licensee may request a hearing before the Tribunal by mailing or delivering a written notice of request for a hearing to the registrar and the Tribunal within 15 days after service of the order. Service (4) The registrar shall serve the order, together with written reasons for it, on the licensee named in it. Hearing (5) If the licensee gives a notice of request for a hearing within the allowed time, the Tribunal shall hold a hearing. Stay of order (6) The Tribunal may stay the order until it confirms or sets aside the order under subsection (8). Parties (7) The registrar, the licensee who requested the hearing and the persons whom the Tribunal specifies are parties to the hearing. Powers of Tribunal (8) After holding the hearing, the Tribunal may, (a)  confirm the order with the amendments, if any, that the Tribunal considers proper to give effect to the purposes of the Act; or (b)  set aside the order. Same (9) In confirming or setting aside the order, the Tribunal may substitute its opinion for that of the registrar. Appeal (10) Even if the licensee named in an order of the Tribunal made under this section appeals it under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
66 (1) The Director may make an order described in subsection (2) in respect of the money or assets of a person who is not licensed and who is alleged to have engaged in activities for which licensing is required at a time when the person was not licensed to do so if, (a)  the Director receives an affidavit in which it is alleged, and in which facts are set out supporting the allegation, that the person who is not licensed, (i)  is subject to criminal proceedings or proceedings in relation to a contravention under this Act or any other Act that are about to be or have been instituted against the person in connection with or arising out of activities for which licensing is required, or (ii)  owns a building, dwelling, receptacle or place, or carries on activities in a building, dwelling, receptacle or place, in respect of which a search warrant has been issued under section 61; and (b)  the Director, based on the affidavit mentioned in clause (a), finds reasonable grounds to believe that, (i)  in the course of activities for which licensing is required under this Act, the person who is the subject of the allegation mentioned in clause (a) has received money or assets from purchasers or owners, and (ii)  the interests of those purchasers or owners require protection or the guarantee fund under the Ontario New Home Warranties Plan Act or the Protection for Owners and Purchasers of New Homes Act, 2017 requires protection. 2017, c. 33, Sched. 1, s. 66 (1); 2020, c. 14, Sched. 4, s. 15. Order (2) In the circumstances described in subsection (1), the Director may, in writing, (a)  order any person having on deposit or controlling any money or asset of the person who is the subject of the allegation mentioned in clause (1) (a) to hold the money or asset; or (b)  order the person who is the subject of the allegation mentioned in clause (1) (a), (i)  to refrain from withdrawing any money or asset from a person having it on deposit or controlling it, or (ii)  to hold any money or asset of a purchaser or other person in trust for the person who is entitled to it. 2017, c. 33, Sched. 1, s. 66 (2). Application (3) Subsections 65 (3) to (13) apply, with necessary modifications, to an order made under this section. 2017, c. 33, Sched. 1, s. 66 (3). Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 15 - 01/02/2021
67 (1) If the Director believes on reasonable grounds that a person has engaged or is engaging in any activity that contravenes any requirement under this Act, whether the activity constitutes an offence or not, the Director may propose to make an order directing a person to comply with the requirement. Notice (2) The Director shall serve on the person a notice of a proposed order described in subsection (1) and written reasons for making it. Request for hearing (3) The notice shall state that the person is entitled to a hearing by the Tribunal if the person, within 15 days after it is served, mails or delivers a notice in writing requesting a hearing to the Tribunal and the Director. No hearing required (4) The Director may make the order if the person does not request a hearing in accordance with subsection (3). Hearing (5) If, in accordance with subsection (3), the person requests a hearing, the Tribunal shall hold the hearing. Tribunal’s order (6) The Tribunal may order the Director to make the proposed order or to refrain from making the proposed order or may make an order of its own in substitution for that of the Director. Conditions (7) The Tribunal may attach to its order the conditions that it considers proper. Parties (8) The parties to proceedings before the Tribunal under this section are the Director, the person who has requested the hearing and the other persons, if any, that the Tribunal specifies.
68 (1) If, in the Director’s opinion, it is in the public interest to do so, the Director may make an order requiring compliance with a requirement under this Act. Same (2) The order takes effect as soon as it is served, in accordance with subsection (3), on the person named in it. Notice of order (3) Upon making an order for compliance under subsection (1), the Director shall serve on the person named in the order a notice that includes the order, the written reasons for making it and the statement of the right that subsection 67 (3) requires be included in a notice mentioned in subsection 67 (2). Hearing (4) If, in accordance with the right described in subsection (3), the person named in the order requests a hearing, the Tribunal shall hold the hearing. Tribunal’s order (5) The Tribunal may confirm or set aside the order or exercise all other powers that it may exercise in a proceeding under section 67. Expiration of order (6) If, in accordance with the right described in subsection (3), the person named in the order requests a hearing, (a)  the order expires 15 days after the Tribunal receives the written request for a hearing; or (b)  the Tribunal may extend the time of expiration until the hearing is concluded, if a hearing is commenced within the 15-day period mentioned in clause (a). Same (7) Despite subsection (6), if the Tribunal is satisfied that the conduct of the person named in the order has delayed the commencement of the hearing, the Tribunal may extend the time of the expiration for the order, (a)  until the hearing commences; and (b)  once the hearing commences, until the hearing is concluded. Parties (8) The parties to proceedings before the Tribunal under this section are the Director, the person who has requested the hearing and the other persons, if any, that the Tribunal specifies.
69 Even if a party to a proceeding before the Tribunal appeals, under section 11 of the Licence Appeal Tribunal Act, 1999, an order of the Tribunal made under section 67 or 68, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.
70 (1) If it appears to the Director that a person is not complying with this Act or the regulations or an order made under this Act, the Director may apply to the Superior Court of Justice for an order restraining the person from acting in breach of them, and, upon the application, the court may make the order or any other order that the court thinks fit. Same (2) Subsection (1) applies despite the imposition of any penalty in respect of the non-compliance and in addition to any other procedures that may be available to the Director, whether or not the Director has exercised his or her rights under the procedures. Appeal (3) An appeal lies to the Divisional Court from an order made under subsection (1).
72 (1) If a person or entity is convicted of an offence under section 71, the court making the conviction may, in addition to any other penalty, order the person or entity convicted to pay compensation or make restitution. If insurance has paid (2) If an order is made in favour of a person or entity under subsection (1) and that person or entity has already received compensation or restitution from an insurer, the person or entity ordered to pay the compensation or make restitution shall deliver the amount to the insurer.
73 (1) If a fine payable as a result of a conviction for an offence under section 71 is in default for at least 60 days, the Director may disclose to a consumer reporting agency the name of the defaulter, the amount of the fine and the date the fine went into default. 2017, c. 33, Sched. 1, s. 73 (1). If payment made (2) Within 10 days after the Director has received notice that the fine has been paid in full, the Director shall inform the consumer reporting agency of the payment. 2017, c. 33, Sched. 1, s. 73 (2). Transition (3) If a fine is payable as a result of a conviction under the Ontario New Home Warranties Plan Act, the Director may, in the prescribed circumstances, treat the fine as if it were payable as a result of a conviction under this Act, and in those circumstances subsections (1) and (2) apply with respect to the fine as if it were a fine payable for a conviction under this Act. 2020, c. 14, Sched. 4, s. 16. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 16 - 01/02/2021
74 (1) If a fine payable as a result of a conviction for an offence under section 71 is in default for at least 60 days, the Director may, by order, create a lien against the property of the person or entity that is liable to pay the fine. Liens on personal property (2) If the lien created by the Director under subsection (1) relates to personal property, (a)  the Personal Property Security Act, except Part V, applies with necessary modifications to the lien, despite clause 4 (1) (a) of that Act; (b)  the lien shall be deemed to be a security interest that has attached for the purposes of the Personal Property Security Act; and (c)  the Director may perfect the security interest mentioned in clause (b) for the purposes of the Personal Property Security Act by the registration of a financing statement under that Act. Liens and charges on real property (3) If the lien created by the Director under subsection (1) relates to real property, the Director may register the lien against the property of the person or entity liable to pay the fine in the proper land registry office and on registration, the obligation under the lien becomes a charge on the property. Initiation of sale proceedings prohibited (4) The Director shall not initiate sale proceedings in respect of any real property against which the Director has registered a lien under subsection (3). Proceeds of sale (5) If a lien is perfected by registration under subsection (2) or is registered against real property under subsection (3) and the related real or personal property is sold, the Director shall ensure that the funds the Director receives as a result of the sale are used to pay the fine. Discharge of lien (6) Within 10 days after the Director has knowledge of the payment in full of the fine, the Director shall, (a)  discharge the registration of any financing statement registered under clause (2) (c); and (b)  register a discharge of a charge created on registration of a lien under subsection (3). Administrative Penalties
75 (1) The registrar is, by virtue of the registrar’s office, an assessor. Appointment (2) The registrar shall appoint, in writing, persons to be assessors who are authorized to make an order under section 76 imposing an administrative penalty.
77 (1) In this section, “appeal body” means the person prescribed by the Minister or, if no person is prescribed by the Minister, the Tribunal. Same (2) The person against whom an order made under subsection 76 (1) imposes an administrative penalty may appeal the order to the appeal body by delivering a written notice of appeal to the appeal body within 15 days after receiving the order. If no appeal (3) If the appellant does not appeal the order in accordance with subsection (2), the order is confirmed. Hearing (4) If the appellant appeals the order in accordance with subsection (2), the appeal body shall hold a hearing and may, by order, confirm, revoke or vary the assessor’s order, and the appeal body may attach conditions to its order. Parties (5) The assessor, the appellant and the other persons that the appeal body specifies are parties to the appeal. Non-application of other Act (6) If the appeal body is not the Tribunal, the Statutory Powers Procedure Act does not apply to an order of an assessor appealed under subsection (2). Immediate effect (7) Even if the appellant appeals an order of the appeal body, the order takes effect immediately, unless the order provides otherwise, but the Divisional Court may grant a stay until the disposition of the appeal.
78 If a person against whom an order imposing an administrative penalty is made pays the penalty in accordance with the terms of the order, or if the order is varied on appeal, in accordance with the terms of the varied order, the person cannot be charged with an offence under an Act referred to in subsection 76 (1) in respect of the same contravention on which the order is based and no other prescribed measure shall be taken against the person in respect of the same contravention on which the order is based. Section Amendments with date in force (d/m/y) 2022, c. 21, Sched. 5, s. 8 - 01/02/2023
79 (1) If a person against whom an order imposing an administrative penalty is made fails to pay the penalty in accordance with the terms of the order, or if the order is varied on appeal, in accordance with the terms of the varied order, the order may be filed with the Superior Court of Justice and enforced as if it were an order of the court. Date of order (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. Liens and charges (3) If a person against whom an order imposing an administrative penalty is made fails to pay the penalty in accordance with the terms of the order, or if the order is varied on appeal, in accordance with the terms of the varied order, the Director may, by order, create a lien against the property of the person that is liable to pay the penalty. Application of s. 74 (4) Subsections 74 (2) to (6) apply to the lien, with necessary modifications, as if it were a lien created by the Director under subsection 74 (1), and references to the fine shall be read as references to the administrative penalty. PART VI   GEneral
80 (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except, (a)  as is required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations; (b)  to a ministry, department or agency of a government engaged in the administration of legislation similar to this Act or legislation that protects consumers or to any other entity to which the administration of legislation similar to this Act or legislation that protects consumers has been assigned; (c)  as authorized under the Regulatory Modernization Act, 2007; (d)  to a prescribed entity or organization, if the purpose of the communication is consumer protection; (e)  to a law enforcement agency; (f)  to the counsel of the person communicating the information; or (g)  with the consent of the person to whom the information relates. Testimony (2) Except in a proceeding under this Act, no person shall be required to give testimony in a civil proceeding with regard to information obtained in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations.
81 (1) Any notice, order or request is sufficiently given or served if it is, (a)  delivered personally; (b)  sent by registered mail; or (c)  sent by another manner if the sender can prove receipt of the notice, order or request. Deemed service (2) If service is made by registered mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice, order or request until a later date. Exception (3) Despite subsections (1) and (2), the Tribunal may order any other method of service it considers appropriate in the circumstances.
82 (1) Subject to the regulations, the registrar shall make available publicly on the website of the regulatory authority and by any other means that the registrar determines, (a)  information about the business activities of any class of licensees or prescribed persons, including their business name, business address, phone number and electronic mail address; (b)  licensing information about a licensee, including the licensee’s licence number, the date that the licence expires and the current status of the licence; (c)  information about what persons are directors, officers or prescribed persons of a licensee, contact information for them and how they are interested in the licensee or associated with the licensee; (d)  information about persons who are subject to a notice of proposal under section 43; (e)  information about persons whose licence has been suspended, immediately suspended or revoked; (f)  information about determinations and orders made by the discipline committee or appeals committee under section 57; (g)  information about persons who have been subject to an order under any of sections 64, 65, 66, 70 and 72, including the terms of the order; (h)  information about persons who have been convicted of an offence under this Act; (i)  information about persons in respect of whom an assessor has imposed an administrative penalty, including the amount of the penalty; (j)  information that the registrar receives under section 5.6 of the Ontario New Home Warranties Plan Act
or under subsection 67 (1) of the Protection for Owners and Purchasers of New Homes Act, 2017; and (k)  any other prescribed information. 2017, c. 33, Sched. 1, s. 82 (1); 2020, c. 14, Sched. 4, s. 18. Searchable information (2) The public information described in subsection (1) shall be searchable, including by licensee name, names of directors, officers and principals, and as otherwise prescribed. 2017, c. 33, Sched. 1, s. 82 (2). Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 18 - 01/02/2021
85 (1) The regulatory authority may make regulations respecting any matter for which the power to make regulations is delegated to it by the Lieutenant Governor in Council or the Minister. Regulations (2) A regulation made by the regulatory authority under this section is a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.
86 On February 1, 2021, a person who was registered as a vendor under the Ontario New Home Warranties Plan Act immediately before February 1, 2021 is deemed to be licensed as a vendor under this Act. 2020, c. 14, Sched. 4, s. 20; CTS 12 AU 22 - 2. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 20 - 01/02/2021 CTS 12 AU 22 - 2
86.1 On February 1, 2021, a person who was registered as a builder under the Ontario New Home Warranties Plan Act immediately before February 1, 2021 is deemed to be licensed as a builder under this Act. 2020, c. 14, Sched. 4, s. 21; CTS 12 AU 22 - 2. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 21 - 01/02/2021 CTS 12 AU 22 - 2
86.2 On February 1, 2021, an application for registration or renewal of registration as a vendor or builder within the meaning of the Ontario New Home Warranties Plan Act that has not been disposed of under that Act before February 1, 2021 is deemed to be an application for a licence or renewal of a licence, as the case may be, as a vendor or as a builder, as the case may be, under this Act. 2020, c. 14, Sched. 4, s. 22; CTS 12 AU 22 - 2. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 22 - 01/02/2021 CTS 12 AU 22 - 2