jswizzle3737/ontario_laws_and_regs huggingface dataset:
40 (1) For the purpose of ensuring compliance with this Act and the regulations, an officer may enter and inspect any land, building or other place in a provincial park or conservation reserve. 2020, c. 36, Sched. 40, s. 20 (1). Dwellings (2) Subsection (1) does not apply to a building or a part of a building or other place that is being used as a dwelling.  2006, c. 12, s. 40 (2). Powers during inspection (3) During the inspection, the officer may, (a) inspect any document that is required to be kept by this Act or by the regulations; (b) inspect any other thing that is in or on the land, building or other place; (c) ask questions that may be relevant to the inspection; and (d) conduct any tests that may be relevant to the inspection.  2006, c. 12, s. 40 (3); 2020, c. 36, Sched. 40, s. 20 (2, 3). Provision of information (4) No person shall, during the inspection, refuse to provide documents and information requested by the officer that are relevant to the inspection.  2006, c. 12, s. 40 (4). Copies (5) The officer may make copies of any documents inspected or produced during the inspection.  2006, c. 12, s. 40 (5). Removal (6) The officer may remove any documents or things for the purpose of making copies or for further inspection, but the copying or further inspection shall be carried out with reasonable dispatch and the documents or things shall be returned promptly to the person from whom they were taken.  2006, c. 12, s. 40 (6). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 20 (1-3) - 08/12/2020
41 (1) If an officer believes on reasonable grounds that there is in a building or other place any thing that will afford evidence of an offence under this Act or the regulations, the officer may obtain a search warrant under Part VIII of the Provincial Offences Act.  2006, c. 12, s. 41 (1). Assistance in executing warrant (2) An officer may call upon a police officer for assistance in executing the warrant.  2006, c. 12, s. 41 (2). Necessary force (3) An officer may use as much force as is necessary to execute a search warrant or to exercise any authority given by this section.  2006, c. 12, s. 41 (3). Computers (4) An officer who is conducting a search may use or cause to be used any computer system for the purpose of examining information contained in or available to the computer system, and may produce or cause to be produced a printout or other output from the computer system.  2006, c. 12, s. 41 (4).
42 (1) If an officer believes on reasonable grounds that there is in a building or other place any thing that will afford evidence of an offence under this Act or the regulations but that the time required to obtain a search warrant would lead to the loss, removal or destruction of the evidence, the officer may, without a search warrant, enter and search the building or other place.  2006, c. 12, s. 42 (1). Dwellings (2) Subsection (1) does not apply to a building or part of a building or other place that is being used as a dwelling.  2006, c. 12, s. 42 (2). Application of s. 41 (2) to (4) (3) Subsections 41 (2), (3) and (4) apply with necessary modifications to a search under this section.  2006, c. 12, s. 42 (3).
44 (1) An officer may arrest without warrant a person that he or she believes on reasonable grounds is committing, has committed or is preparing to commit an offence under this Act or the regulations.  2006, c. 12, s. 44 (1). Necessary force (2) An officer may use as much force as is necessary to make an arrest under this section.  2006, c. 12, s. 44 (2). Release (3) If an officer arrests a person under this section, he or she shall, as soon as practicable, release the person from custody, unless the officer has reasonable grounds to believe that, (a) it is necessary in the public interest for the person arrested to be detained, having regard to all the circumstances, including the need to, (i) establish the identity of the person, (ii) secure or preserve evidence of or relating to the offence, or (iii) prevent the continuation or repetition of the offence or the commission of another offence; or (b) the person arrested, if released, will not respond to the summons or offence notice or will not appear in court.  2006, c. 12, s. 44 (3). Person to be taken before justice (4) Section 150 of the Provincial Offences Act applies if the person arrested is not released.  2006, c. 12, s. 44 (4).
45 A person shall not, (a) knowingly make a false or misleading statement to an officer who is acting under this Act; or (b) otherwise obstruct an officer who is acting under this Act.  2006, c. 12, s. 45.
46 (1) A person is guilty of an offence if the person contravenes or fails to comply with,  (a) subsection 13 (2); (a.1) subsection 14 (5); (b) subsection 22 (1); (c) subsection 33 (2); (d) subsection 39 (2); (e) subsection 40 (4); or (f)  Repealed:  2009, c. 33, Sched. 22, s. 9 (4). (g) section 45.  2006, c. 12, s. 46 (1); 2009, c. 33, Sched. 22, s. 9 (3, 4); 2020, c. 36, Sched. 40, s. 21. Same (2) A person who contravenes or fails to comply with a provision of a regulation made under this Act is guilty of an offence.  2006, c. 12, s. 46 (2). Attempts (3) A person who attempts to do anything that would be an offence under this Act or the regulations is guilty of that offence.  2006, c. 12, s. 46 (3). Orders (4) Every person who fails to comply with an order under section 22 or subsection 52 (6) is guilty of an offence.  2006, c. 12, s. 46 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 9 (3, 4) - 15/12/2009 2020, c. 36, Sched. 40, s. 21 - 08/12/2020
47 (1) The holder of a camp-site and vehicle permit or an interior camping permit issued by the Ministry may be charged with and convicted of an offence under the regulations for which a camp-site occupant is subject to be charged and, on conviction, the holder of the permit is liable to the penalty prescribed for the offence.  2006, c. 12, s. 47 (1). Exception, camp-site occupied without consent (2) Subsection (1) does not apply, where at the time of the offence, the camp-site was occupied by a person other than the holder of the permit, without the holder’s consent, the burden of proof of which shall be on the holder of the permit.  2006, c. 12, s. 47 (2).
48 (1) The owner of a vehicle may be charged with and convicted of an offence under this Act or the regulations or the Act or regulations regulating, governing or prohibiting the operation of the vehicle for which the driver of the vehicle is subject to be charged and on conviction, the owner is liable to the penalty prescribed for the offence.  2006, c. 12, s. 48 (1). Exception, possession of vehicle without consent (2) Subsection (1) does not apply where, at the time of the offence, the vehicle was in the possession of a person other than the owner without the owner’s consent, the burden of proof of which is on the owner.  2006, c. 12, s. 48 (2). Deemed ownership of plate, etc., holder (3) For the purposes of this section, where a number plate issued under the Highway Traffic Act or the Off-Road Vehicles Act or a registration number issued under the Motorized Snow Vehicles Act is exposed on the vehicle, the holder of the permit corresponding to the number plate or registration number shall be deemed the owner of the vehicle.  2006, c. 12, s. 48 (3). Exception, possession without consent (4) Subsection (3) does not apply where, at the time of the offence, the number plate or registration number was exposed on the vehicle without the consent of the holder of the permit, the burden of proof of which is on the holder of the permit.  2006, c. 12, s. 48 (4).
49 If a corporation commits an offence under this Act or the regulations, an officer, director, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted for the offence.  2006, c. 12, s. 49.
50 In a prosecution for an offence under this Act or the regulations, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the defendant acting in the course of employment or agency, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the defendant establishes that the offence was committed without the knowledge or consent of the defendant.  2006, c. 12, s. 50.
51 In a prosecution for an offence under this Act or the regulations, it is sufficient proof of the offence to establish that it was committed by a person in the course of operations under a licence issued to the defendant, whether or not the person is identified or has been prosecuted for the offence, unless the defendant establishes that the offence was committed without the knowledge or consent of the defendant.  2006, c. 12, s. 51.
52 (1) A person convicted of an offence under this Act or the regulations is liable, (a) for a first offence, to a fine of not more than $50,000, to imprisonment for a term of not more than one year, or to both; and (b) for a second or subsequent offence, to a fine of not more than $100,000, to imprisonment for a term of not more than one year, or to both.  2006, c. 12, s. 52 (1). Commercial offences (2) Despite subsection (1), a person convicted of an offence under this Act or the regulations is liable, (a) for a first offence, to a fine of not more than $100,000, to imprisonment for a term of not more than two years, or to both, if the offence was committed for commercial purposes; and (b) for a second or subsequent offence, to a fine of not more than $200,000, to imprisonment for a term of not more than two years, or to both, if the offence was committed for commercial purposes.  2006, c. 12, s. 52 (2). Penalty re monetary benefit (3) The court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may increase a fine imposed upon the person by an amount equal to the amount of the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence, despite any maximum fine elsewhere provided.  2006, c. 12, s. 52 (3). Order for compliance (4) In any prosecution under this Act or the regulations, the court may, in addition to imposing a fine or imprisonment or making any other order authorized by this Act, make such order as the court considers proper to obtain compliance with this Act or the regulations.  2006, c. 12, s. 52 (4). Compliance with order (5) A person shall comply with an order made under this section.  2006, c. 12, s. 52 (5). Order to dismantle and remove, etc. (6) The court that convicts a person of an offence under this Act or the regulations may, in addition to imposing a fine, order the person, (a) to cease the activity being carried on in contravention of the Act or the regulations; (b) to take action, within such time as the court may fix, to rehabilitate the lands, (i) in accordance with a plan approved by the Minister, or (ii) if the Minister has not approved a plan, in such manner as the court considers appropriate; and (c) to obtain a work permit in order to effect the rehabilitation of the lands in accordance with the order of the court.  2006, c. 12, s. 52 (6). Failure to comply with an order (7) If a person fails to comply with an order under subsection (6), the Minister may take such action as he or she considers appropriate to rehabilitate the land, and any cost or expense incurred in the rehabilitation is a debt due to the Crown and may be recovered by the Minister in a court of competent jurisdiction in an action against the person.  2006, c. 12, s. 52 (7).
53 A prosecution for an offence under this Act or the regulations shall not be commenced more than two years after the day evidence of the offence first came to the attention of an officer.  2006, c. 12, s. 53. Regulations
55 Nothing in this Act applies to or affects any park under the management of The Niagara Parks Commission, The St. Clair Parks Commission or The St. Lawrence Parks Commission.  2006, c. 12, s. 55.
56 The Public Lands Act does not apply to provincial parks or conservation reserves.  2006, c. 12, s. 56. 57 Repealed.  See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006. 58.-65 Omitted (amends or repeals other Acts).  2006, c. 12, ss. 58-65. 66 Repealed.  See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006. 67 Omitted (provides for coming into force of provisions of this Act).  2006, c. 12, s. 67. 68 Omitted (enacts short title of this Act).  2006, c. 12, s. 68. ______________  Français