jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The purposes of this Act are, (a) to eliminate or reduce measures established or implemented by Ontario regulatory authorities that restrict or impair the ability of an individual to become certified in Ontario in a regulated occupation in which the individual is certified by an out-of-province regulatory authority; and (b) to support the Government of Ontario in fulfilling its obligations under Chapter Seven of the Canadian Free Trade Agreement.  2009, c. 24, s. 1; 2017, c. 34, Sched. 32, s. 2. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 32, s. 2 - 14/12/2017
3 (1) For the purposes of this Act, the monitor for a non-governmental regulatory authority whose authorizing statute is a private Act is the individual or body prescribed as the monitor for the regulatory authority.  2009, c. 24, s. 3 (1). Monitor re public Acts (2) For the purposes of this Act, the monitor for a non-governmental regulatory authority whose authorizing statute is a public Act is, (a) if no monitor has been prescribed for the regulatory authority, (i) the member of the Executive Council who is responsible for the administration of the public Act, or (ii) if more than one member of the Executive Council is responsible for the administration of the public Act, the member who is responsible for the administration of the public Act in respect of the regulatory authority; or (b) if a monitor has been prescribed for the regulatory authority, the individual or body prescribed as the monitor.  2009, c. 24, s. 3 (2). 4 Repealed: 2021, c. 4, Sched. 7, s. 14. Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 7, s. 14 - 30/04/2021
5 This Act binds the Crown.  2009, c. 24, s. 5.
6 Nothing in this Act restricts the Crown from taking any action that it considers advisable in order to fulfil its ongoing commitment to the Interprovincial Standards Red Seal Program.  2009, c. 24, s. 6. Part iI   labour mobility Code
7 This Part shall be known in English as the Labour Mobility Code and in French as Code de mobilité de la main-d’oeuvre.  2009, c. 24, s. 7. Residency
8 (1) No Ontario regulatory authority shall require that an individual reside in Ontario as a condition of being certified in a regulated occupation, if the individual resides in another province or territory of Canada that is a party to the Canadian Free Trade Agreement.  2009, c. 24, s. 8 (1); 2017, c. 34, Sched. 32, s. 2. Residency in municipality cannot be required (2) No municipal governmental regulatory authority shall require that an individual reside in its geographic area of jurisdiction as a condition of eligibility for employment, if the individual resides in a province or territory of Canada that is a party to the Canadian Free Trade Agreement.  2009, c. 24, s. 8 (2); 2017, c. 34, Sched. 32, s. 2. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 32, s. 2 - 14/12/2017
10 Sections 8 and 9 apply to, (a) an application for certification made to an Ontario regulatory authority on or after the day this section comes into force; and (b) an application for certification made to an Ontario regulatory authority before the day this section comes into force, if the application has not been finally decided before that day.  2009, c. 24, s. 10.
11 Every Ontario regulatory authority shall publish, on a publicly accessible website maintained by the regulatory authority, every requirement that the regulatory authority imposes, as a condition of certification in a regulated occupation, on applicants who are already certified in the same occupation by an out-of-province regulatory authority.  2009, c. 24, s. 11.
12 (1) Every Ontario regulatory authority shall, to the extent possible and where practical, (a) ensure that the process it follows in establishing or amending occupational standards for the occupations for which it is authorized to grant an authorizing certificate is conducive to labour mobility within Canada; (b) take steps to reconcile differences between the occupational standards it has established for an occupation and occupational standards in effect with respect to the same occupation in the other provinces and territories of Canada that are parties to the Canadian Free Trade Agreement; and (c) ensure that the occupational standards it establishes for each occupation for which it is authorized to grant an authorizing certificate are consistent with such common interprovincial or international occupational standards as may have been developed for that occupation, including occupational standards developed under the Interprovincial Standards Red Seal Program.  2009, c. 24, s. 12 (1); 2017, c. 34, Sched. 32, s. 2. No limitation (2) Subsection (1) does not prevent an Ontario regulatory authority from establishing such occupational standards as it considers appropriate to protect the public, if it is authorized to do so by its authorizing statute.  2009, c. 24, s. 12 (2). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 32, s. 2 - 14/12/2017
13 If an Ontario regulatory authority wishes to establish or amend occupational standards for an occupation for which it is authorized to grant authorizing certificates, it shall, (a) give notice of the proposed new or amended standards to, (i) its monitor, if any, (ii) the co-ordinating Minister, and (iii) the out-of-province regulatory authorities that grant authorizing certificates in the same occupation; and (b) afford those out-of-province regulatory authorities an opportunity to comment on the development of the new or amended standards.  2009, c. 24, s. 13. Part iII   conflicts with labour mobility code
14 (1) If the Labour Mobility Code conflicts with an Ontario regulatory authority’s authorizing statute or an instrument of a legislative nature made under that statute, the Labour Mobility Code prevails to the extent of the conflict.  2009, c. 24, s. 14 (1). Same (2) This conflict provision prevails over a conflict provision in an Ontario regulatory authority’s authorizing statute, even if the conflict provision in the authorizing statute is enacted after this Act, unless the conflict provision in the authorizing statute refers expressly to the Labour Mobility Code.  2009, c. 24, s. 14 (2).
15 Within 12 months after the day this section comes into force or within such longer period as may be prescribed, every non-governmental and provincial governmental regulatory authority shall take such steps as are within its power to make, amend or revoke instruments of a legislative nature under its authorizing statute so that they conform with the Labour Mobility Code.  2009, c. 24, s. 15. Part iV   enforcement Reviews and Requests
16 (1) The monitor for a non-governmental regulatory authority may do one or more of the following: 1. Review the instruments of a legislative nature under the regulatory authority’s authorizing statute in order to assess their conformity with the Labour Mobility Code. 2. Request the regulatory authority to take such steps as are within its power to make, amend or revoke an instrument of a legislative nature under its authorizing statute so that the instrument conforms with the Labour Mobility Code. 3. Review the certification processes and practices of the regulatory authority in order to assess their compliance with the Labour Mobility Code. 4. Request the regulatory authority to provide information and reports with respect to any matter relating to compliance with the Labour Mobility Code or any matter relating to the administration of Chapter Seven of the Canadian Free Trade Agreement. 5. Request the regulatory authority to do anything that, in the opinion of the monitor, is necessary or advisable to implement, or carry out the intent and purposes of, the Labour Mobility Code or a decision of a presiding body established or convened under the Canadian Free Trade Agreement. 6. If the Lieutenant Governor in Council makes an order in council under subsection 17 (1), request the regulatory authority to publish it in accordance with the monitor’s directions.  2009, c. 24, s. 16 (1); 2017, c. 34, Sched. 32, s. 2. Duty to comply (2) If the monitor requests the regulatory authority to do anything under subsection (1), the regulatory authority shall comply with the request within such time and in such manner as the monitor may specify.  2009, c. 24, s. 16 (2). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 32, s. 2 - 14/12/2017 Amending, etc., Ontario Regulatory Authority’s Instruments
17 (1) If the monitor for a non-governmental regulatory authority makes a request under paragraph 2 of subsection 16 (1) and the regulatory authority does not comply with the request within the time and in the manner specified by the monitor, the Lieutenant Governor in Council may make, amend or revoke the instrument in question for the purpose of ensuring that it conforms with the Labour Mobility Code, (a) by regulation under the regulatory authority’s authorizing statute, if the authorizing statute is a public Act and the instrument in question is required to be published on the e-Laws website because of the application of Part III of the Legislation Act, 2006; (b) by order in council under the regulatory authority’s authorizing statute, if the authorizing statute is a public Act and the instrument in question is not required to be published on the e-Laws website because of the non-application of Part III of the Legislation Act, 2006; or (c) by order in council under this Act, if the regulatory authority’s authorizing statute is a private Act.  2009, c. 24, s. 17 (1). Subject matter (2) A regulation or an order in council under subsection (1) may be made with respect to any matter in respect of which the regulatory authority’s authorizing statute authorizes the instrument in question to be made.  2009, c. 24, s. 17 (2). Authority to override (3) In addition to the authority set out in subsection (2), a regulation or an order in council under subsection (1) may, (a) prescribe provisions to operate in place of a provision of the regulatory authority’s authorizing statute or of any other instrument of a legislative nature made under that statute; and (b) may state that it applies despite a provision of the regulatory authority’s authorizing statute or of any other instrument of a legislative nature made under that statute.  2009, c. 24, s. 17 (3). Conflict (4) If a provision of a regulation or of an order in council made by the Lieutenant Governor in Council under subsection (1) conflicts with a provision of the regulatory authority’s authorizing statute or of any other instrument of a legislative nature made under that statute, the provision of the regulation or order in council made by the Lieutenant Governor in Council under subsection (1) prevails to the extent of the conflict.  2009, c. 24, s. 17 (4). Legislation Act, 2006 (5) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order in council made under subsection (1).  2009, c. 24, s. 17 (5). Administrative Penalties
19 (1) If a regulatory authority that is required to pay an administrative penalty under subsection 18 (9) or (13) fails to pay it within the time specified in the order of the monitor or in the decision of the person who conducted the review, as the case may be, the order or the decision, as the case may be, may be filed with a local registrar of the Superior Court of Justice and may be enforced as if it were an order of the court.  2009, c. 24, s. 19 (1). Interest (2) Section 129 of the Courts of Justice Act applies in respect of an order or decision filed with the Superior Court of Justice under subsection (1), and the date on which the order or decision is filed under subsection (1) shall be deemed to be the date of the order that is referred to in section 129 of the
Courts of Justice Act.  2009, c. 24, s. 19 (2).
20 If a regulatory authority that is required to pay an administrative penalty under subsection 18 (9) or (13) fails to pay it within the time specified in the order of the monitor or in the decision of the person who conducted the review, as the case may be, the unpaid amount of the administrative penalty is a debt due to the Crown in right of Ontario and may be recovered by any remedy or procedure available to the Crown by law.  2009, c. 24, s. 20. Recovery of Amounts Paid under Canadian Free Trade Agreement
21 (1) If the Crown in right of Ontario is ordered to pay a penalty or tariff costs under a final order made by a presiding body established or convened under the Canadian Free Trade Agreement, and the order is wholly or partially the result of non-compliance by a municipal governmental regulatory authority with the Labour Mobility Code, non-compliance by a non-governmental regulatory authority with the Labour Mobility Code and with subsection 16 (2), or non-compliance by a College, as defined in the Regulated Health Professions Act, 1991, with any of sections 22.15 to 22.23 of Schedule 2 to that Act and with subsection 5 (2) of that Act, the Crown has the right to recover from the regulatory authority or the College, as the case may be, the amount paid by the Crown under the presiding body’s final order.  2009, c. 24, s. 21 (1); 2017, c. 34, Sched. 32, s. 2. Payment order (2) Where the Crown in right of Ontario has a right of recovery against a regulatory authority or a College under subsection (1), the co-ordinating Minister may issue a payment order to the regulatory authority or the College, as the case may be, ordering it to pay to the Minister of Finance all or part of the amount referred to in subsection (1) paid by the Crown under the presiding body’s final order.  2009, c. 24, s. 21 (2). Content of payment order (3) A payment order issued by the co-ordinating Minister under subsection (2) shall, (a) set out the amount paid by the Crown in right of Ontario under the presiding body’s final order; (b) describe the non-compliance of the regulatory authority or the College that resulted in the presiding body’s final order; (c) specify the amount that the co-ordinating Minister is ordering the regulatory authority or the College to pay, specify that it must be paid to the Minister of Finance, and specify the time within which and the manner in which it must be paid; and (d) state that the regulatory authority or the College may appeal the payment order to the Superior Court of Justice on a question of law or fact or both, in accordance with the rules of court.  2009, c. 24, s. 21 (3). Other means not a bar (4) A payment order may be issued under subsection (2) to a non-governmental regulatory authority even though an order to pay an administrative penalty has been or may be served on the regulatory authority under subsection 18 (1), and even though a decision has been or may be made under clause 18 (11) (b) or (c), with respect to the same contravention.  2009, c. 24, s. 21 (4). If no appeal brought (5) If a regulatory authority or College to which a payment order is issued under subsection (2) does not appeal the payment order to the Superior Court of Justice in accordance with the rules of court, the regulatory authority or the College, as the case may be, shall pay the amount specified in the payment order to the Minister of Finance within the time and in the manner specified in the payment order.  2009, c. 24, s. 21 (5). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 32, s. 2 - 14/12/2017
22 (1) A regulatory authority or College to which a payment order is issued under section 21 may appeal the payment order to the Superior Court of Justice on a question of law or fact or both, in accordance with the rules of court.  2009, c. 24, s. 22 (1). Co-ordinating Minister is party (2) The co-ordinating Minister is a party to every appeal under this section.  2009, c. 24, s. 22 (2). Powers of court (3) On an appeal under this section, the court may affirm, rescind or alter the payment order appealed from and may exercise all powers of the co-ordinating Minister under section 21 and may direct the co-ordinating Minister to take any action which the co-ordinating Minister may take under section 21 and as the court considers proper, and for such purposes the court may substitute its opinion for that of the co-ordinating Minister or the court may refer the matter back to the co-ordinating Minister for reconsideration, in whole or in part, in accordance with such directions as the court considers proper.  2009, c. 24, s. 22 (3).
23 (1) If a regulatory authority or College fails to pay the amount specified in a payment order as required by subsection 21 (5), the payment order may be filed with a local registrar of the Superior Court of Justice and may be enforced as if it were an order of the court.  2009, c. 24, s. 23 (1). Interest (2) Section 129 of the Courts of Justice Act applies in respect of a payment order filed with the Superior Court of Justice under subsection (1), and the date on which the payment order is filed under subsection (1) shall be deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act.  2009, c. 24, s. 23 (2).
24 If a regulatory authority or College fails to pay the amount specified in a payment order as required by subsection 21 (5), or fails to pay the amount specified by the court within the time specified by the court on an appeal under section 22, the unpaid amount is a debt due to the Crown in right of Ontario and may be recovered by any remedy or procedure available to the Crown by law.  2009, c. 24, s. 24. Part V   regulations
25 The Lieutenant Governor in Council may make regulations, (a) prescribing an individual or body as the monitor for a non-governmental regulatory authority for the purposes of this Act; (b) governing the administrative penalties that may be ordered under this Act and all matters necessary and incidental to the administration of a system of administrative penalties under this Act, including, (i) prescribing the amount of an administrative penalty or providing for the determination of the amount of an administrative penalty by prescribing the method of calculating the amount and the criteria to be considered in determining the amount, (ii) providing for different amounts to be paid, or different calculations or criteria to be used, depending on the circumstances that gave rise to the administrative penalty or the time at which the penalty is paid, (iii) providing for the payment of lump sum amounts and daily amounts and prescribing the circumstances in which each type of amount may be required, (iv) prescribing the maximum amount of an administrative penalty, whether a lump sum amount or daily amount and, in the case of a daily amount, prescribing the maximum number of days for which the daily amount may be required, (v) prescribing additional information that must be included in an order for payment of an administrative penalty or a notice of intent to issue the order, and (vi) governing the review by the co-ordinating Minister or his or her designate of an order for payment of an administrative penalty; (c) defining, for the purposes of this Act and the regulations, any word or expression that is used but not defined in this Act; (d) prescribing anything that is referred to in this Act as prescribed or that is required or permitted to be done in accordance with, or as provided in, the regulations made under this Act and for which a specific power is not otherwise provided in this Act.  2009, c. 24, s. 25.