jswizzle3737/ontario_laws_and_regs huggingface dataset:
66 (1) Subject to subsections (2) and (2.1), every person who contravenes or fails to comply with, (a)  a provision of this Act or the regulations; (b)  an order or requirement of an inspector or a Director; or (c)  an order of the Minister, is guilty of an offence and on conviction is liable to a fine of not more than $500,000 or to imprisonment for a term of not more than twelve months, or to both.  R.S.O. 1990, c. O.1, s. 66 (1); 2017, c. 34, Sched. 30, s. 4 (1); 2022, c. 7, Sched. 4, s. 2 (1). Same (2) If a corporation is convicted of an offence under subsection (1), the maximum fine that may be imposed upon the corporation is $2,000,000. 2022, c. 7, Sched. 4, s. 2 (2); 2023, c. 15, Sched. 5, s. 1. Same (2.1) A director or officer of a corporation who contravenes or fails to comply with section 32 is guilty of an offence and on conviction is liable to a fine of not more than $1,500,000 or to imprisonment for a term of not more than twelve months, or to both. 2022, c. 7, Sched. 4, s. 2 (2). Aggravating factors (2.2) Each of the following circumstances shall be considered an aggravating factor for the purposes of determining a penalty under this section: 1.  The offence resulted in the death, serious injury or illness of one or more workers. 2.  The defendant committed the offence recklessly. 3.  The defendant disregarded an order of an inspector. 4.  The defendant was previously convicted of an offence under this or another Act. 5.  The defendant has a record of prior non-compliance with this Act or the regulations. 6.  The defendant lacks remorse. 7.  There is an element of moral blameworthiness to the defendant’s conduct. 8.  In committing the offence, the defendant was motivated by a desire to increase revenue or decrease costs. 9.  After the commission of the offence, the defendant, i.  attempted to conceal the commission of the offence from the Ministry or other public authorities, or ii.  failed to co-operate with the Ministry or other public authorities. 10.  Any other circumstance that is prescribed as an aggravating factor. 2022, c. 7, Sched. 4, s. 2 (2). Defence (3) On a prosecution for a failure to comply with, (a)  subsection 23 (1); (b)  clause 25 (1) (b), (c) or (d); or (c)  subsection 27 (1), it shall be a defence for the accused to prove that every precaution reasonable in the circumstances was taken.  R.S.O. 1990, c. O.1, s. 66 (3). Accused liable for acts or neglect of managers, agents, etc. (4) In a prosecution of an offence under any provision of this Act, any act or neglect on the part of any manager, agent, representative, officer, director or supervisor of the accused, whether a corporation or not, shall be the act or neglect of the accused.  R.S.O. 1990, c. O.1, s. 66 (4). Additional orders (5) If a person is convicted of an offence under this section, the court may, in addition to any fine or imprisonment that is imposed, make any prescribed order. 2022, c. 7, Sched. 4, s. 2 (3). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 30, s. 4 (1, 2) - 14/12/2017 2022, c. 7, Sched. 4, s. 2 (1-3) - 01/07/2022 2023, c. 15, Sched. 5, s. 1 - 26/10/2023
67 (1) In any proceeding or prosecution under this Act, (a)  a copy of an order or decision purporting to have been made under this Act or the regulations and purporting to have been signed by the Minister or an inspector; (b)  a document purporting to be a copy of a notice, drawing, record or other document, or any extract therefrom given or made under this Act or the regulations and purporting to be certified by an inspector; (c)  a document purporting to certify the result of a test or an analysis of a sample of air and setting forth the concentration or amount of a biological, chemical or physical agent in a workplace or part thereof and purporting to be certified by an inspector; or (d)  a document purporting to certify the result of a test or an analysis of any equipment, machine, device, article, thing or substance and purporting to be certified by an inspector, is evidence of the order, decision, writing or document, and the facts appearing in the order, decision, writing or document without proof of the signature or official character of the person appearing to have signed the order or the certificate and without further proof. R.S.O. 1990, c. O.1, s. 67 (1). Service of orders and decisions (2) In any proceeding or prosecution under this Act, a copy of an order or decision purporting to have been made under this Act or the regulations and purporting to have been signed by the Minister, a Director or an inspector may be served, (a)  personally in the case of an individual or in case of a partnership upon a partner, and in the case of a corporation, upon the president, vice-president, secretary, treasurer or an officer or director, or upon the manager or person in charge of the workplace; or (b)  by registered letter addressed to an individual or corporation mentioned in clause (a) at the last known place of business of the individual or corporation, and the same shall be deemed to be good and sufficient service thereof.  R.S.O. 1990, c. O.1, s. 67 (2); 2022, c. 7, Sched. 4, s. 3. Section Amendments with date in force (d/m/y) 2022, c. 7, Sched. 4, s. 3 (1, 2) - 01/07/2022
68 (1) An information in respect of an offence under this Act may, at the election of the informant, be heard, tried and determined by the Ontario Court of Justice sitting in the county or district in which the accused is resident or carries on business although the subject-matter of the information did not arise in that county or district.  R.S.O. 1990, c. O.1, s. 68 (1); 2001, c. 9, Sched. I, s. 3 (15). Provincial judge required (2) The Attorney General or an agent for the Attorney General may by notice to the clerk of the court having jurisdiction in respect of an offence under this Act require that a provincial judge preside over the proceeding.  R.S.O. 1990, c. O.1, s. 68 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 3 (15) - 29/06/2001
68.1 (1) If a person, including an individual, is convicted of an offence under this Act, a Director may publish or otherwise make available to the general public the name of the person, a description of the offence, the date of the conviction and the person’s sentence.  2006, c. 19, Sched. M, s. 5. Internet publication (2) Authority to publish under subsection (1) includes authority to publish on the Internet.  2006, c. 19, Sched. M, s. 5. Disclosure (3) Any disclosure made under subsection (1) shall be deemed to be in compliance with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act.  2006, c. 19, Sched. M, s. 5; 2006, c. 34, Sched. C, s. 25. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. M, s. 5 - 22/06/2006; 2006 - , c. 34, Sched. C, s. 25 - 1/04/2007
69 No prosecution under this Act or the regulations shall be instituted more than two years after the later of, (a)  the occurrence of the last act or default upon which the prosecution is based; or (b)  the day upon which an inspector becomes aware of the alleged offence. 2017, c. 34, Sched. 30, s. 5; 2022, c. 7, Sched. 4, s. 4. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 30, s. 5 - 14/12/2017 2022, c. 7, Sched. 4, s. 4 - 01/07/2022 PART X   REGULATIONS