jswizzle3737/ontario_laws_and_regs huggingface dataset:
108 (1) Where a justice of the peace is satisfied on evidence upon oath or affirmation, (a)  that there is reasonable and probable ground for believing that it is necessary, (i)  to enter and have access to, through and over any premises, (ii)  to make examinations, investigations or inquiries, and (iii)  to make, take and remove photographs, samples, copies or extracts related to an examination, investigation or inquiry, or to do any of such things, for a purpose mentioned in subsection 106 (2); and (b)  that a person mentioned in subsection 106 (1), (i)  has been denied entry to the premises, (ii)  has reasonable grounds to believe that entry to the premises will be denied, (iii)  has been instructed to leave the premises, (iv)  has been obstructed, or (v)  has been refused production of any thing related to an examination, investigation or inquiry, by the occupier of the premises, the justice of the peace may issue an inspection order authorizing a person mentioned in subsection 106 (1) to act as mentioned in clause (a) in respect of the premises specified in the inspection order, by force if necessary, together with such police officer or officers as the person calls upon for assistance. Execution of order (2) An inspection order issued under this section shall be executed between 6 a.m. and 9 p.m. standard time unless the justice of the peace otherwise authorizes in the order. Expiry of order (3) An inspection order issued under this section shall state the date on which it expires, which shall be a date not later than fifteen days after the inspection order is issued. Application without notice (4) A justice of the peace may receive and consider an application for an inspection order under this section without notice to and in the absence of the owner or the occupier of the premises.  R.S.O. 1990, c. P.8, s. 108. Administrative Penalties
108.1 (1) For the purposes of sections 108.2 to 108.4, “requirement established under this Act” means, (a)  a requirement imposed by a provision of this Act that is prescribed for the purpose of section 108.2 or 108.3 or by a provision of a regulation that is prescribed for the purpose of either of those sections, (b)  a requirement imposed by order, or (c)  an obligation assumed by way of undertaking. 2016, c. 37, Sched. 19, s. 5. Purposes (2) An administrative penalty may be imposed under section 108.2 or 108.3 for either of the following purposes: 1.  To promote compliance with the requirements established under this Act. 2.  To prevent a person from deriving, directly or indirectly, any economic benefit as a result of contravening or failing to comply with a requirement established under this Act. 2016, c. 37, Sched. 19, s. 5. Same (3) An administrative penalty may be imposed alone or in conjunction with any other regulatory measure provided by this Act. 2016, c. 37, Sched. 19, s. 5. No payment from pension fund (4) No person shall pay an administrative penalty imposed under section 108.2 or 108.3 out of a pension fund. 2016, c. 37, Sched. 19, s. 5. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 19, s. 5 - 01/01/2018
108.2 (1) If the Chief Executive Officer is satisfied that a person is contravening or not complying with or has contravened or failed to comply with any of the following, the Chief Executive Officer may, by order, impose an administrative penalty on the person in accordance with this section and the regulations: 1.  A provision of this Act or the regulations as may be prescribed. 2.  A requirement or obligation described in clause (b) or (c) of the definition of “requirement established under this Act” in subsection 108.1 (1). 2016, c. 37, Sched. 19, s. 5; 2018, c. 8, Sched. 23, s. 23. Notice of intended decision to impose a penalty (2) If the Chief Executive Officer intends to impose an administrative penalty under this section, the Chief Executive Officer shall give written notice of the intended decision to the person, including the details of the contravention or failure to comply, the amount of the penalty and the payment requirements; the Chief Executive Officer shall also inform the person that the person may request a hearing by the Tribunal about the intended decision and shall advise the person about the process for requesting a hearing. 2016, c. 37, Sched. 19, s. 5; 2018, c. 8, Sched. 23, s. 23. Combined notices of intended decision (3) A notice of the intended decision to impose an administrative penalty under this section may be combined with a notice of the intended decision authorized by any other section. 2016, c. 37, Sched. 19, s. 5. Limitation (4) The Chief Executive Officer shall not give notice of the intended decision more than five years after the date when the contravention or failure to comply occurred or is alleged to have occurred. 2016, c. 37, Sched. 19, s. 5; 2018, c. 8, Sched. 23, s. 23. Hearing requested (5) If the person requests a hearing in writing within 15 days after the notice under subsection (2) is given, the Tribunal shall hold a hearing. 2016, c. 37, Sched. 19, s. 5. Order (6) Subject to the regulations, the Tribunal may, by order, direct the Chief Executive Officer to make the intended decision indicated in the notice, with or without changes, or substitute its opinion for that of the Chief Executive Officer. 2016, c. 37, Sched. 19, s. 5; 2018, c. 8, Sched. 23, s. 23. Hearing not requested (7) If the person does not request a hearing or does not make the request in accordance with subsection (5), the Chief Executive Officer may make the intended decision indicated in the notice. 2016, c. 37, Sched. 19, s. 5; 2018, c. 8, Sched. 23, s. 23. Effect of paying penalty (8) If the person pays the administrative penalty in accordance with the terms of the order or, if the order is varied, in accordance with the terms of the varied order, the person cannot be charged with an offence under this Act in respect of the same contravention or failure to comply. 2016, c. 37, Sched. 19, s. 5. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 19, s. 5 - 01/01/2018 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
108.3 (1) If the Chief Executive Officer is satisfied that a person is contravening or not complying with or has contravened or failed to comply with a provision of this Act or the regulations as may be prescribed, the Chief Executive Officer may, by order, impose an administrative penalty on the person in accordance with this section and the regulations. 2016, c. 37, Sched. 19, s. 5; 2018, c. 8, Sched. 23, s. 23. Same (2) Before imposing a penalty, the Chief Executive Officer shall give the person a reasonable opportunity to make written submissions. 2016, c. 37, Sched. 19, s. 5; 2018, c. 8, Sched. 23, s. 23. Limitation (3) The Chief Executive Officer shall not make an order under this section more than five years after the date when the contravention or failure to comply occurred or is alleged to have occurred. 2016, c. 37, Sched. 19, s. 5; 2018, c. 8, Sched. 23, s. 23. Appeal (4) The person may appeal the Chief Executive Officer’s order to the Tribunal in writing within 15 days after the order in subsection (1) is given to the person. 2016, c. 37, Sched. 19, s. 5; 2018, c. 8, Sched. 23, s. 24. Same (5) An appeal commenced in accordance with subsection (4) operates as a stay of the order until the matter is finally disposed of. 2016, c. 37, Sched. 19, s. 5. Same (6) The Tribunal may confirm, revoke or vary the order within the limits, if any, established by the regulations. 2016, c. 37, Sched. 19, s. 5. Effect of paying penalty (7) If the person pays the administrative penalty in accordance with the terms of the order or, if the order is varied, in accordance with the terms of the varied order, the person cannot be charged with an offence under this Act in respect of the same contravention or failure to comply. 2016, c. 37, Sched. 19, s. 5. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 19, s. 5 - 01/01/2018 2018, c. 8, Sched. 23, s. 23, 24 - 08/06/2019
108.4 An administrative penalty imposed under section 108.2 or 108.3 shall not exceed the following amounts: 1.  For a contravention or failure to comply by a person, other than an individual, $25,000 or such lesser amount as may be prescribed for a prescribed requirement established under this Act. 2.  For a contravention or failure to comply by an individual, $10,000 or such lesser amount as may be prescribed for a prescribed requirement established under this Act. 2016, c. 37, Sched. 19, s. 5. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 19, s. 5 - 01/01/2018
108.5 (1) If a person fails to pay an administrative penalty imposed under section 108.2 or 108.3 in accordance with the terms of the order imposing the penalty, the Chief Executive Officer may file the order with the Superior Court of Justice and the order may be enforced as if it were an order of the court. 2016, c. 37, Sched. 19, s. 5; 2018, c. 8, Sched. 23, s. 23. Same (2) For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court is deemed to be the date of the order. 2016, c. 37, Sched. 19, s. 5. Same (3) An administrative penalty that is not paid in accordance with the terms of the order imposing the penalty is a debt due to the Crown and is also enforceable as such. 2016, c. 37, Sched. 19, s. 5. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 19, s. 5 - 01/01/2018 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
109 (1) Every person who contravenes this Act, the regulations or the Authority rules is guilty of an offence. R.S.O. 1990, c. P.8, s. 109 (1); 2017, c. 34, Sched. 33, s. 39. Idem (2) Every person who contravenes an order made under this Act is guilty of an offence. R.S.O. 1990, c. P.8, s. 109 (2). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 33, s. 39 - 08/06/2019 CTS 04 SE 18 - 3
110 (1) Every person who is guilty of an offence under this Act is liable on conviction to a fine of not more than $100,000 for the first conviction and not more than $200,000 for each subsequent conviction.  1997, c. 28, s. 220 (1). Persons re corporation (2) Every director, officer, official or agent of a corporation and every person acting in a similar capacity or performing similar functions in an unincorporated association is guilty of an offence if the person, (a)  causes, authorizes, permits, acquiesces or participates in the commission of an offence referred to in section 109 by the corporation or unincorporated association; or (b)  fails to take all reasonable care in the circumstances to prevent the corporation or unincorporated association from committing an offence referred to in section 109.  1997, c. 28, s. 220 (1). Penalty (3) A person who is guilty of an offence described in subsection (2) is liable on a first conviction to a fine of not more than $100,000, and on each subsequent conviction to a fine of not more than $200,000, whether or not the corporation or unincorporated association has been prosecuted for or convicted of an offence arising from the same facts or circumstances.  1997, c. 28, s. 220 (1). Order for payment (4) Where a person is convicted of an offence related to the failure to submit or make payment to a pension fund or to an insurance company, the court that convicts the person may, in addition to any fine imposed, assess the amount not submitted or not paid and order the person to pay the amount to the pension fund or to the insurance company.  R.S.O. 1990, c. P.8, s. 110 (4). Enforcement (5) An order for payment under subsection (4), exclusive of the reasons therefor, may be filed in the Superior Court of Justice and is thereupon enforceable as an order of that court.  R.S.O. 1990, c. P.8, s. 110 (5); 2006, c. 19, Sched. C, s. 1 (1). Time limit (6) No prosecution for an offence under this Act shall be commenced after five years after the date when the offence occurred or is alleged to have occurred.  1997, c. 28, s. 220 (2). Section Amendments with date in force (d/m/y) 1997, c. 28, s. 220 (1, 2) - 01/01/1998 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006
111 Where a provision of this Act or the regulations or an order, approval or consent of the Chief Executive Officer under this Act is contravened, in addition to any other remedy and to any penalty imposed by law, the contravention may be restrained by action at the instance of the administrator of the pension plan affected by the contravention.  1997, c. 28, s. 221; 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 221 - 01/07/1998 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
112 (1) Any notice, order or other document that is required to be given to, served on or delivered to a person under this Act, the regulations or the Authority rules is sufficiently given, served or delivered if it is, (a)  delivered directly to the person; (b)  sent by regular mail to the person’s last known address; (c)  sent by email to the person’s last known email address; or (d)  sent to the person in another electronic form. 2019, c. 14, Sched. 9, s. 38. Deemed receipt (2) Subject to subsection (3), (a)  a notice, order or other document sent under clause (1) (b) is deemed to have been received on the fifth business day after the day it was mailed; and (b)  a notice, order or other document sent under clause (1) (c) or (d) is deemed to have been received on the first business day after the day it was sent. 2019, c. 14, Sched. 9, s. 38. Failure to receive document (3) Subsection (2) does not apply if the person establishes that the person, acting in good faith, did not receive the notice, order or document or received it on a later date because of a reason beyond the person’s control, including absence, accident, disability or illness. 2019, c. 14, Sched. 9, s. 38. Consent to accept electronic document required (4) A notice, order or other document is not sufficiently given, served or delivered under clause (1) (c) or (d) unless the person, (a)  consents to accept it electronically; or (b)  is deemed to consent to accept it electronically under subsection 30.1 (6). 2019, c. 14, Sched. 9, s. 38. Implied consent (5) Consent for the purposes of clause (4) (a) may be inferred from the person’s conduct if there are reasonable grounds to believe that the consent is genuine and is relevant to the notice, order or other document. 2019, c. 14, Sched. 9, s. 38. Clarification (6) For greater certainty, clauses (1) (c) and (d) are subject to subsection 30.1 (2). 2019, c. 14, Sched. 9, s. 38. Section Amendments with date in force (d/m/y) 2004, c. 31, Sched. 31, s. 6 - 16/12/2004 2011, c. 9, Sched. 35, s. 11 - 12/05/2011 2017, c. 34, Sched. 33, s. 40 - 08/06/2019 2018, c. 8, Sched. 23, s. 23 - 08/06/2019; CTS 04 SE 18 - 3 2019, c. 14, Sched. 9, s. 38 - 10/12/2019
112.1 (1) The Chief Executive Officer may authorize a person to give or deliver a notice, document or reasonable notice of the contents of the notice or document by public advertisement or other means authorized by the Chief Executive Officer. 2019, c. 14, Sched. 9, s. 38. Condition (2) Subsection (1) only applies where the Chief Executive Officer is of the opinion that it is not reasonable to give or deliver the notice or document to all or any of the recipients individually. 2019, c. 14, Sched. 9, s. 38. Deemed receipt (3) The notice, document or the reasonable notice of the contents is deemed to have been received on the date on which the public advertisement is published or the date on which the other means referred to in subsection (1) are used. 2019, c. 14, Sched. 9, s. 38. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 9, s. 38 - 10/12/2019
113 An administrator of a pension plan who is required to take an action under this Act, the regulations or the Authority rules shall take the action within the prescribed period of time.  R.S.O. 1990, c. P.8, s. 113; 2017, c. 34, Sched. 33, s. 41. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 33, s. 41 - 08/06/2019 CTS 04 SE 18 - 3 113.1 Repealed: 2018, c. 8, Sched. 23, s. 21. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 223 - 01/01/1998 2015, c. 20, Sched. 34, s. 9 - no effect - see 2018, c. 8, Sched. 23, s. 25 - 08/05/2018 2018, c. 8, Sched. 23, s. 21 - 08/06/2019; 2018, c. 8, Sched. 23, s. 25 - 08/05/2018
113.2 (1) The Chief Executive Officer may approve forms for any purpose of this Act and require their use.  1997, c. 28, s. 223; 2018, c. 8, Sched. 23, s. 23. Content (2) Any person required to use forms approved by the Chief Executive Officer shall provide the information specified in them.  2002, c. 18, Sched. H, s. 5 (2); 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 223 - 01/01/1998 2002, c. 18, Sched. H, s. 5 (2) - 26/11/2002 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
114 In the event of a conflict between this Act and any other Act, except the Financial Services Regulatory Authority of Ontario Act, 2016, this Act prevails unless the other Act states that it is to prevail over this Act.  R.S.O. 1990, c. P.8, s. 114; 1997, c. 28, s. 222; 2018, c. 8, Sched. 23, s. 22; 2020, c. 36, Sched. 14, s. 12 (2). Section Amendments with date in force (d/m/y) 1997, c. 28, s. 222 - 01/07/1998 2018, c. 8, Sched. 23, s. 22 - 08/06/2019 2020, c. 36, Sched. 14, s. 12 (2) - 08/12/2020
115.2 If there is a conflict or an inconsistency between a regulation made by the Lieutenant Governor in Council under this Act and an Authority rule, the regulation prevails, but in all other respects an Authority rule has the same force and effect as a regulation. 2017, c. 34, Sched. 33, s. 43 (1). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 33, s. 43 (1) - 08/06/2019 CTS 04 SE 18 - 3 Minister’s request for records and information
115.3 (1) The Authority shall promptly give the Minister such records and information related to a pension plan or pension fund, or both, as the Minister requests, including any record or information relating to the pension plan or pension fund that is required to be filed with, or provided to, the Chief Executive Officer by the administrator of the pension plan under this Act. 2019, c. 7, Sched. 48, s. 5. Information re Guarantee Fund (2) The Chief Executive Officer shall promptly give the Minister such records and information related to the Guarantee Fund as the Minister requests. 2019, c. 7, Sched. 48, s. 5. No notice to individual (3) Any collection by the Minister of personal information
under subsection (1) is exempt from the application of subsection 39 (2) of the Freedom of Information and Protection of Privacy Act. 2019, c. 7, Sched. 48, s. 5. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 48, s. 5 - 08/06/2019 116 Section Amendments with date in force (d/m/y) 2010, c. 24, s. 47 - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2020 ______________  Français