jswizzle3737/ontario_laws_and_regs huggingface dataset:
63 (1) An order made by the Commissioner under this Act that has become final as a result of there being no further right of appeal may be filed with the Superior Court of Justice and on filing becomes and is enforceable as a judgment or order of the Superior Court of Justice to the same effect.  2004, c. 3, Sched. A, s. 63. Interest (2) Section 129 of the Courts of Justice Act applies in respect of an order requiring a person to pay an administrative penalty under clause 61 (1) (h.1) and, for the purpose, the date on which the order is filed under subsection (1) is deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act. 2020, c. 5, Sched. 6, s. 19. Debt due to the Crown (3) An administrative penalty imposed under clause 61 (1) (h.1) that is not paid in accordance with the terms of the order is a debt due to the Crown, and the Crown may recover the debt by action or by any other remedy or procedure available by law to the Crown for the collection of debts owed to the Crown. 2020, c. 5, Sched. 6, s. 19. Section Amendments with date in force (d/m/y) 2020, c. 5, Sched. 6, s. 19 - 25/03/2020
64 (1) After conducting a review under section 57 or 58 and making an order under subsection 61 (1), the Commissioner may rescind or vary the order or may make a further order under that subsection if new facts relating to the subject-matter of the review come to the Commissioner’s attention or if there is a material change in the circumstances relating to the subject-matter of the review.  2004, c. 3, Sched. A, s. 64 (1). Circumstances (2) The Commissioner may exercise the powers described in subsection (1) even if the order that the Commissioner rescinds or varies has been filed with the Superior Court of Justice under section 63.  2004, c. 3, Sched. A, s. 64 (2). Copy of order, etc. (3) Upon making a further order under subsection (1), the Commissioner shall provide a copy of it to the persons described in clauses 61 (3) (a) to (e) and shall include with the copy a notice setting out, (a)  the Commissioner’s reasons for making the order; and (b)  if the order was made under any of clauses 61 (1) (c) to (h.1), a statement that the persons affected by the order have the right to appeal described in subsection (4).  2004, c. 3, Sched. A, s. 64 (3); 2020, c. 5, Sched. 6, s. 20 (1). Appeal (4) A person affected by an order that the Commissioner rescinds, varies or makes under any of clauses 61 (1) (c) to (h.1) may appeal the order to the Divisional Court on a question of law in accordance with the rules of court by filing a notice of appeal within 30 days after receiving the copy of the order and subsections 62 (2) to (5) apply to the appeal.  2004, c. 3, Sched. A, s. 64 (4); 2020, c. 5, Sched. 6, s. 20 (2). Section Amendments with date in force (d/m/y) 2020, c. 5, Sched. 6, s. 20 (1, 2) - 25/03/2020
65 (1) If the Commissioner has made an order under this Act that has become final as the result of there being no further right of appeal, a person affected by the order may commence a proceeding in the Superior Court of Justice for damages for actual harm that the person has suffered as a result of a contravention of this Act or its regulations.  2004, c. 3, Sched. A, s. 65 (1). Same (2) If a person has been convicted of an offence under this Act and the conviction has become final as a result of there being no further right of appeal, a person affected by the conduct that gave rise to the offence may commence a proceeding in the Superior Court of Justice for damages for actual harm that the person has suffered as a result of the conduct.  2004, c. 3, Sched. A, s. 65 (2). Damages for mental anguish (3) If, in a proceeding described in subsection (1) or (2), the Superior Court of Justice determines that the harm suffered by the plaintiff was caused by a contravention or offence, as the case may be, that the defendants engaged in wilfully or recklessly, the court may include in its award of damages an award, not exceeding $10,000, for mental anguish.  2004, c. 3, Sched. A, s. 65 (3).
65.1 The use of an enforcement measure provided for in this Act in respect of a contravention of this Act or its regulations does not prohibit the use, at the same time or different times, of any other enforcement measure or remedy provided for in this Act or otherwise available in law in respect of the same contravention. 2020, c. 5, Sched. 6, s. 21. Section Amendments with date in force (d/m/y) 2020, c. 5, Sched. 6, s. 21 - 25/03/2020 Commissioner
66 The Commissioner may, (a)  engage in or commission research into matters affecting the carrying out of the purposes of this Act; (b)  conduct public education programs and provide information concerning this Act and the Commissioner’s role and activities; (c)  receive representations from the public concerning the operation of this Act; (d)  on the request of a health information custodian, offer comments on the custodian’s actual or proposed information practices; (e)  assist in investigations and similar procedures conducted by a person who performs similar functions to the Commissioner under the laws of Canada, except that in providing assistance, the Commissioner shall not use or disclose information collected by or for the Commissioner under this Act; (f)  in appropriate circumstances, authorize the collection of personal health information about an individual in a manner other than directly from the individual.  2004, c. 3, Sched. A, s. 66.
67 (1) The Commissioner may in writing delegate any of the Commissioner’s powers, duties or functions under this Act, including the power to make orders, to the Assistant Commissioner or to an officer or employee of the Commissioner.  2004, c. 3, Sched. A, s. 67 (1). Subdelegation by Assistant Commissioner (2) The Assistant Commissioner may in writing delegate any of the powers, duties or functions delegated to him or her under subsection (1) to any other officers or employees of the Commissioner, subject to the conditions and restrictions that the Assistant Commissioner specifies in the delegation.  2004, c. 3, Sched. A, s. 67 (2).
69 No action or other proceeding for damages may be instituted against the Commissioner, the Assistant Commissioner or any person acting on behalf of or under the direction of either of them for, (a)  anything done, reported or said in good faith and in the exercise or intended exercise of any of their powers or duties under this Act; or (b)  any alleged neglect or default in the exercise in good faith of any of their powers or duties under this Act.  2004, c. 3, Sched. A, s. 69. PART VII   GENERAL
70 No one shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage a person by reason that, (a)  the person, acting in good faith and on the basis of reasonable belief, has disclosed to the Commissioner that any other person has contravened or is about to contravene a provision of this Act or its regulations; (b)  the person, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order to avoid having any person contravene a provision of this Act or its regulations; (c)  the person, acting in good faith and on the basis of reasonable belief, has refused to do or stated an intention of refusing to do anything that is in contravention of a provision of this Act or its regulations; or (d)  any person believes that the person will do anything described in clause (a), (b) or (c).  2004, c. 3, Sched. A, s. 70.
71 (1) No action or other proceeding for damages may be instituted against a health information custodian or any other person for, (a)  anything done, reported or said, both in good faith and reasonably in the circumstances, in the exercise or intended exercise of any of their powers or duties under this Act; or (b)  any alleged neglect or default that was reasonable in the circumstances in the exercise in good faith of any of their powers or duties under this Act.  2004, c. 3, Sched. A, s. 71 (1). Crown liability (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject.  2004, c. 3, Sched. A, s. 71 (2); 2019, c. 7, Sched. 17, s. 139. Substitute decision-maker (3) A person who, on behalf of or in the place of an individual, gives or refuses consent to a collection, use or disclosure of personal health information about the individual, makes a request, gives an instruction or takes a step is not liable for damages for doing so if the person acts reasonably in the circumstances, in good faith and in accordance with this Act and its regulations.  2004, c. 3, Sched. A, s. 71 (3). Reliance on assertion (4) Unless it is not reasonable to do so in the circumstances, a person is entitled to rely on the accuracy of an assertion made by another person, in connection with a collection, use or disclosure of, or access to, the information under this Act, to the effect that the other person, (a)  is a person who is authorized to request access to a record of personal health information under section 53; (b)  is a person who is entitled under section 5 or 23 or subsection 26 (1) to consent to the collection, use or disclosure of personal health information about another individual; (c)  meets the requirement of clauses 26 (2) (b) and (c); or (d)  holds the beliefs described in subsection 26 (5).  2004, c. 3, Sched. A, s. 71 (4). Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 139 - 01/07/2019
71.1 (1) On application without notice by a provincial offences officer, a justice may issue a production order to a person, other than a person under investigation for an offence, requiring the person to, (a)  produce documents or copies of documents, certified by affidavit to be true copies, or produce data; or (b)  prepare a document based on documents or data already in existence and produce it. 2020, c. 5, Sched. 6, s. 22. Contents of order (2) A production order must stipulate when, where and how the documents or data are to be produced, and to whom they are to be produced. 2020, c. 5, Sched. 6, s. 22. Grounds (3) A justice may make a production order if satisfied by information given under oath or affirmation that there are reasonable grounds to believe that, (a)  an offence under this Act has been or is being committed; (b)  the document or data will provide evidence respecting the offence or suspected offence; and (c)  the person who is subject to the order has possession or control of the document or data. 2020, c. 5, Sched. 6, s. 22. Conditions (4) A production order may contain any conditions the justice considers advisable. 2020, c. 5, Sched. 6, s. 22. Evidence (5) A copy of a document or data produced under this section, on proof by affidavit that it is a true copy, is admissible in evidence in proceedings under this Act and has the same probative force as the original document or data would have if it had been proved in the ordinary way. 2020, c. 5, Sched. 6, s. 22. No return of copies (6) Copies of documents or data produced under this section are not required to be returned to the person who provided them. 2020, c. 5, Sched. 6, s. 22. Compliance required (7) A person to whom a production order is directed shall comply with the order according to its terms. 2020, c. 5, Sched. 6, s. 22. Definitions (8) In this section, “justice” and “provincial offences officer” have the same meanings as in the Provincial Offences Act. 2020, c. 5, Sched. 6, s. 22. Section Amendments with date in force (d/m/y) 2020, c. 5, Sched. 6, s. 22 - 25/03/2020
75 A committee of the Legislative Assembly shall, (a)  begin a comprehensive review of this Act not later than the third anniversary of the day on which this section comes into force; and (b)  within one year after beginning that review, make recommendations to the Assembly concerning amendments to this Act.  2004, c. 3, Sched. A, s. 75. 76.-98 Omitted (amends or repeals other Acts).  2004, c. 3, Sched. A, ss. 76-98. 99 Omitted (provides for coming into force of provisions of this Act).  2004, c. 3, Sched. A, s. 99. 100 Omitted (enacts short title of this Act).  2004, c. 3, Sched. A, s. 100. ______________  Français