jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 (1) The Deputy Minister shall appoint a person as the registrar of paperback and periodical distributors.  1998, c. 18, Sched. E, s. 191. Duties of Registrar (2) The Registrar may exercise the powers and shall perform the duties conferred or imposed upon him or her by or under this Act under the supervision of the Director.  R.S.O. 1990, c. P.1, s. 2 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 191 - 18/12/1998 Registration
3 (1) No person shall carry on business as a distributor unless the person is registered by the Registrar under this Act.  R.S.O. 1990, c. P.1, s. 3 (1). Effect of registration (2) Registration under this Act shall not be construed as approval of any matter in the conduct of the business of the registrant except those matters specifically provided for in this Act.  R.S.O. 1990, c. P.1, s. 3 (2). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 18 (4)
- 01/04/2007
4 (1) An applicant is entitled to registration by the Registrar except where, (a) the applicant fails to comply with section 7 or 8, as the case may be; or (b) the applicant fails to file the material required by the regulations.  R.S.O. 1990, c. P.1, s. 4 (1). Refusal to register (2) Subject to section 5, the Registrar may refuse to register an applicant where in the Registrar’s opinion the applicant is disentitled to registration under subsection (1).  R.S.O. 1990, c. P.1, s. 4 (2). Revocation of registration (3) Subject to section 5, the Registrar may revoke a registration where the registrant fails to comply with any provision of this Act or the regulations.  R.S.O. 1990, c. P.1, s. 4 (3).
5 (1) Where the Registrar proposes to refuse to grant or proposes to revoke a registration, he or she shall serve notice of his or her proposal, together with written reasons therefor, on the applicant or registrant.  R.S.O. 1990, c. P.1, s. 5 (1). Request for hearing (2) A notice under subsection (1) shall state that the applicant or registrant is entitled to a hearing by the Tribunal if the applicant or registrant mails or delivers a written request for a hearing to the Registrar and the Tribunal within fifteen days after service of the notice under subsection (1).  R.S.O. 1990, c. P.1, s. 5 (2). Powers of Registrar where no hearing (3) Where an applicant or registrant does not request a hearing by the Tribunal in accordance with subsection (2), the Registrar may carry out the proposal stated in the notice under subsection (1).  R.S.O. 1990, c. P.1, s. 5 (3). Powers of Tribunal where hearing (4) Where an applicant or registrant requests a hearing by the Tribunal in accordance with subsection (2), the Tribunal shall appoint a time for and hold the hearing and, on the application of the Registrar at the hearing, may by order direct the Registrar to carry out his or her proposal, or refrain from carrying out his or her proposal and to take such action as the Tribunal considers the Registrar ought to take in accordance with this Act and the regulations, and for such purposes the Tribunal may substitute its opinion for that of the Registrar.  R.S.O. 1990, c. P.1, s. 5 (4). Conditions of order (5) The Tribunal may attach such terms and conditions to its order or to the registration as it considers proper to give effect to the purposes of this Act.  R.S.O. 1990, c. P.1, s. 5 (5). Parties (6) The Registrar, the applicant or registrant who has required the hearing and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under this section.  R.S.O. 1990, c. P.1, s. 5 (6). Voluntary cancellation (7) Despite subsection (1), the Registrar may cancel a registration upon the request in writing of the registrant in the prescribed form surrendering the registration.  R.S.O. 1990, c. P.1, s. 5 (7). Appeal (8) Even if a registrant appeals an order of the Tribunal 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.  1999, c. 12, Sched. G, s. 31 (2). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. G, s. 31 (2) - 01/04/2000 Duties, Inspections and Investigations
6 (1) A registration authorizes the registrant to carry on business only in the area in Ontario determined by the Registrar and described in the certificate of registration issued by the Registrar and a registrant shall not carry on business outside the area so described.  R.S.O. 1990, c. P.1, s. 6 (1). Decision of Registrar (2) The Registrar may reduce the area applied for by the registrant where, in his or her opinion, not to do so would lessen or be likely to lessen competition unduly in respect of channels or methods of distribution, contrary to the public interest.  R.S.O. 1990, c. P.1, s. 6 (2). Notice, etc. (3) Where the Registrar proposes to reduce the area applied for, subsections 5 (1), (2), (3) and (6) apply with necessary modifications, in the same manner as to a proposal to revoke a registration.  R.S.O. 1990, c. P.1, s. 6 (3). Appeal to Minister (4) An appeal lies from a decision of the Registrar under this section to the Minister whose decision is final.  R.S.O. 1990, c. P.1, s. 6 (4); 1999, c. 12, Sched. G, s. 31 (3). Hearing by Tribunal (5) Where an applicant requires a hearing under subsection 5 (2), the Tribunal shall hold a hearing and report to the Minister its finding of fact and recommendations.  R.S.O. 1990, c. P.1, s. 6 (5). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. G, s. 31 (3) - 01/04/2000 2006, c. 34, s. 18 (5)
- 01/04/2007
7 (1) Subject to subsection (2), no person who is not a corporation shall carry on business in Ontario as a distributor unless, (a) in the case of an individual, he or she is a resident; or (b) in the case of a partnership or an association, syndicate or organization of individuals, every member thereof is a resident.  R.S.O. 1990, c. P.1, s. 7 (1); 1993, c. 27, Sched. Idem (2) A person who is not a corporation and who was carrying on business as a distributor immediately before the 14th day of June, 1971 and who on that day was in contravention of subsection (1) may continue to carry on business if, (a) in the case of an individual, his or her interest or any part thereof is not transferred to or for the benefit of a non-resident; or (b) in the case of a partnership or an association, syndicate or organization of individuals, no person who is a non-resident is admitted as a member thereof.  R.S.O. 1990, c. P.1, s. 7 (2). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991
9 (1) The Registrar or any person designated by him or her in writing may at any reasonable time enter upon the business premises of the registrant to make an inspection to ensure that the provisions of this Act and the regulations are being complied with.  R.S.O. 1990, c. P.1, s. 9 (1). (2) Repealed:  2006, c. 34, s. 18 (6). Powers on inspection (3) Upon an inspection under this section, the person inspecting, (a) is entitled to free access to all books of account, documents, bank accounts, vouchers, correspondence and records of the person being inspected that are relevant for the purposes of the inspection; and (b) may, upon giving a receipt thereof, remove any material referred to in clause (a) that relates to the purpose of the inspection for the purpose of making a copy thereof, provided that such copying is carried out with reasonable dispatch and the material in question is promptly thereafter returned to the person being inspected, and no person shall obstruct the person inspecting or withhold or destroy, conceal or refuse to furnish any information or thing required by the person inspecting for the purposes of the inspection.  R.S.O. 1990, c. P.1, s. 9 (3). Admissibility of copies (4) Any copy made as provided in subsection (3) and purporting to be certified by an inspector is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original.  R.S.O. 1990, c. P.1, s. 9 (4). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 18 (6) - 01/04/2007
9.1 (1) The Director may appoint persons to be investigators for the purposes of conducting investigations.  2006, c. 34, s. 18 (7). Certificate of appointment (2) The Director shall issue to every investigator a certificate of appointment bearing his or her signature or a facsimile of the signature.  2006, c. 34, s. 18 (7). Production of certificate of appointment (3) Every investigator who is conducting an investigation, including under section 10, shall, upon request, produce the certificate of appointment as an investigator.  2006, c. 34, s. 18 (7). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 18 (7) - 01/04/2007
10.1 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her 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.  2006, c. 34, s. 18 (8). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 18 (8) - 01/04/2007
10.2 (1) An investigator may exercise any of the powers described in subsection 10 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.  2006, c. 34, s. 18 (8). Dwellings (2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling.  2006, c. 34, s. 18 (8). 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.  2006, c. 34, s. 18 (8). Applicability of s. 10 (4) Subsections 10 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.  2006, c. 34, s. 18 (8). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 18 (8) - 01/04/2007 General
11 (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 may be 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) to an entity or organization prescribed by the regulations, if the purpose of the communication is consumer protection; (d) to a law enforcement agency; (e) to his, her or its counsel; or (f) with the consent of the person to whom the information relates.  2004, c. 19, s. 17 (1). 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.  2004, c. 19, s. 17 (1). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 17 (1)
- 31/03/2007 2006, c. 34, s. 18 (9)
- 01/04/2007; 2006, c. 34, s. 18 (10, 11) - no effect - see 2004, c. 19, s. 17 (1)
- 31/03/2007
12 (1) Any notice or order required to be given or served under this Act or the regulations is sufficiently given or served if delivered personally or sent by registered mail addressed to the person to whom delivery or service is required to be made at the latest address for service appearing on the records of the Ministry of Consumer and Business Services.  R.S.O. 1990, c. P.1, s. 12 (1); 2001, c. 9, Sched. D, s. 13. Where service deemed to be made (2) Where 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 or order until a later date.  R.S.O. 1990, c. P.1, s. 12 (2). Exception (3) Despite subsections (1) and (2), the Tribunal may order any other method of service in respect of any matter before the Tribunal.  R.S.O. 1990, c. P.1, s. 12 (3). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. D, s. 13 - 29/06/2001
13 (1) Where it appears to the Director that any person does not comply with any provision of this Act or the regulations, despite the imposition of any penalty in respect of the non-compliance and in addition to any other rights the person may have, the Director may apply to a judge of the Superior Court of Justice for an order directing the person to comply with the provision, and upon the application, the judge may make such order as the judge thinks fit.  R.S.O. 1990, c. P.1, s. 13 (1); 2001, c. 9, Sched. D, s. 14. Appeal (2) An appeal lies to the Divisional Court from an order made under subsection (1).  R.S.O. 1990, c. P.1, s. 13 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. D, s. 14 - 29/06/2001
14 (1) Every person who, knowingly, (a) furnishes false information in any application under this Act or in any statement or return required to be furnished under this Act or the regulations; or (b) contravenes any provision of this Act or the regulations, and every director or officer of a corporation who knowingly concurs in such furnishing, failure or contravention is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both.  R.S.O. 1990, c. P.1, s. 14 (1). Corporations (2) Where a corporation is convicted of an offence under subsection (1), the maximum penalty that may be imposed upon the corporation is $100,000 and not as provided therein.  R.S.O. 1990, c. P.1, s. 14 (2). (3) Repealed:  1994, c. 27, s. 96. Limitation (4) No proceeding under clause (1) (a) shall be commenced more than one year after the facts upon which the proceeding is based first came to the knowledge of the Director.  R.S.O. 1990, c. P.1, s. 14 (4). Idem (5) No proceeding under clause (1) (b) shall be commenced more than two years after the time when the subject-matter of the proceeding arose.  R.S.O. 1990, c. P.1, s. 14 (5). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 96 - 09/12/1994
15 A statement as to, (a) the registration or non-registration of any person; (b) the filing or non-filing of any document or material required or permitted to be filed with the Registrar; (c) the time when the facts upon which proceedings are based first came to the knowledge of the Director; or (d) any other matter pertaining to such registration, non-registration, filing or non-filing, purporting to be certified by the Director is, without proof of the office or signature of the Director, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated therein for all purposes in any action, proceeding or prosecution.  R.S.O. 1990, c. P.1, s. 15.
15.1 The Minister may by order require the payment of fees for registration as a distributor or maintenance of registration under this Act and may approve the amount of those fees.  1998, c. 18, Sched. E, s. 192. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 192 - 18/12/1998
16 The Lieutenant Governor in Council may make regulations, (a) providing for the registration of distributors; (b) requiring distributors to furnish such returns, reports or other information as is prescribed; (c) requiring any information required to be furnished or contained in any form or return to be verified by affidavit; (d) prescribing further procedures respecting the conduct of matters coming before the Tribunal; (e) providing for the responsibility for payment of witness fees and expenses in connection with proceedings before the Tribunal and prescribing the amounts thereof; (f) prescribing forms for the purposes of this Act and the regulations; (g) prescribing entities and organizations for the purpose of clause 11 (1) (c); (h) requiring the Registrar to maintain a public record of certain documents and information, prescribing the documents and information that must be kept in the public record, and governing the public record and access to it; (i) requiring the Registrar to publish certain documents and information, prescribing the documents and information that must be published, and governing their publication and access to them; (j) authorizing the Registrar to conduct quality assurance programs in relation to the administration of this Act or the regulations and to use information collected under this Act for the purpose of those programs.  R.S.O. 1990, c. P.1, s. 16; 2004, c. 19, s. 17 (2). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 17 (2)
- 31/03/2007 ______________  Français