jswizzle3737/ontario_laws_and_regs huggingface dataset:
87 (1) A person to whom an order under section 86 is directed may, within seven days after being served with a copy of the order, request that a Deputy Registrar review the order. Exception (2) If the order under section 86 was made by an inspector who is also the Registrar or a Deputy Registrar, subsection (1) does not apply and section 91 applies instead. Manner of making request (3) The request may be made orally, with written confirmation served on the Registrar within the time specified in subsection (1), or in writing. Contents of request for review (4) A written request for review under subsection (1) or a written confirmation of an oral request under subsection (3) shall include, (a)  the portions of the order in respect of which the review is requested; (b)  any submissions that the person requesting the review wishes the Deputy Registrar to consider; and (c)  for the purpose of subsection (8), an address that may be used for service. No automatic stay (5) The request for review does not stay the order, unless the Deputy Registrar orders otherwise in writing. Decision of Deputy Registrar (6) After reviewing the request, the Deputy Registrar may, (a)  revoke the inspector’s order; or (b)  by order directed to the person requesting the review, confirm or amend the inspector’s order. Same (7) For the purposes of subsection (6), the Deputy Registrar may substitute his or her own opinion for that of the inspector. Notice of decision (8) The Deputy Registrar shall serve the person requesting the review with a copy of, (a)  a decision to revoke the inspector’s order; or (b)  an order to confirm or amend the inspector’s order, together with reasons. Automatic confirmation of order (9) If, within seven days after receiving a written request for review or a written confirmation of an oral request for review, the Deputy Registrar does not deal with the matter under subsection (6) and give notice under subsection (8), the order in respect of which the review is sought is deemed to have been confirmed by order of the Deputy Registrar. Same (10) For the purpose of section 91 and a hearing required under that section, a confirming order deemed to have been made by the Deputy Registrar under subsection (9), (a)  is deemed to be directed to each person to whom the inspector’s order was directed; and (b)  is deemed to have been served, on each person to whom the inspector’s order was directed, at the expiry of the time period referred to in subsection (9). Additional time (11) Subsections (9) and (10) do not apply if, within seven days after receiving the request for review, the Deputy Registrar stays the order under subsection (5) and serves written notice on the person requesting the review specifying, (a)  that the Deputy Registrar requires additional time to make a decision under subsection (6); and (b)  the date by which the decision will be made. Renewal (12) A notice under subsection (11) may be renewed one or more times. 90 day limitation (13) The Deputy Registrar’s decision shall be made, in any event, no later than 90 days after the day the written request for review or written confirmation of an oral request for review was received.
88 A person to whom an order is directed shall comply with the order or with the order as amended under clause 87 (6) (b) or varied under section 96, as the case may be. Administrative Penalties
90 (1) If a person who is required to pay an administrative penalty fails to comply with the requirement, the Authority may file the order that requires payment with a local registrar of the Superior Court of Justice and the order may be enforced as if it were an order of the court. Same (2) Section 129 of the Courts of Justice Act applies in respect of an order filed under subsection (1) and, for that purpose, the date on which the order is filed is deemed to be the date of the order that is referred to in that section. Appeals
91 (1) A person to whom any of the following orders is directed may require a hearing by the Tribunal in accordance with subsection (2): 1.  An order made under subsection 86 (1) by an inspector who is also the Registrar or a Deputy Registrar. 2.  An order made under clause 87 (6) (b) by a Deputy Registrar. 3.  An order deemed to have been confirmed by order of a Deputy Registrar under subsection 87 (9). 4.  An order made under subsection 89 (2) by the Registrar or a Deputy Registrar. Same (2) The person may require the hearing by written notice served on the Registrar or Deputy Registrar who made the order, and on the Tribunal, within 15 days after the person is served with the order. Failure or refusal to issue, etc., order (3) Failure or refusal to issue, amend, vary or revoke an order is not itself an order.
92 The Tribunal shall extend the time in which a person may give a notice under section 91 requiring a hearing on an order if, in the Tribunal’s opinion, it is just to do so because service of the order was not effective, for a reason described in subsection 100 (4), to bring the order to the person’s attention.
93 (1) An applicant for a hearing by the Tribunal shall state in the notice requiring the hearing, (a)  the portions of the order in respect of which the hearing is required; and (b)  the grounds on which the applicant intends to rely at the hearing. Effect of contents of notice (2) Except with leave of the Tribunal, at a hearing by the Tribunal, an applicant is not entitled to appeal a portion of the order, or to rely on a ground, that is not stated in the applicant’s notice requiring the hearing. Leave by Tribunal (3) The Tribunal may grant the leave referred to in subsection (2) if the Tribunal is of the opinion that to do so is proper in the circumstances, and it may give such directions as it considers proper consequent on the granting of the leave.
94 (1) The commencement of a proceeding before the Tribunal stays the operation of an order under section 89. Exception (2) Despite subsection (1), the commencement of a proceeding before the Tribunal does not stay the operation of an order that meets the prescribed criteria. Tribunal may grant stay (3) The Tribunal may, on the application of a party to a proceeding before it, stay the operation of an order described in subsection (2). Right to apply to remove stay: new circumstances (4) A party to a proceeding may apply for the removal of a stay that was granted under subsection (3) if relevant circumstances have changed or have become known to the party since the stay was granted, and the Tribunal may grant the application. Right to apply to remove stay: new party (5) A person who is made a party to a proceeding after a stay is granted under subsection (3) may, at the time the person is made a party, apply for the removal of the stay, and the Tribunal may grant the application.
95 The following persons are parties to the proceeding: 1.  The person requiring the hearing. 2.  The Registrar, if he or she made the order being appealed. 3.  A Deputy Registrar, if he or she made the order being appealed. 4.  Any other person specified by the Tribunal.
96 (1) A hearing by the Tribunal shall be a new hearing and the Tribunal may confirm, vary or revoke the order that is the subject matter of the hearing. Limitation (2) If the hearing relates to an order to pay a penalty imposed under section 89, the Tribunal shall not vary the amount of the penalty unless it considers the amount to be unreasonable.
97 (1) Any party to a hearing before the Tribunal under this Act may appeal from its decision on a question of law to the Divisional Court, with leave of the Divisional Court, in accordance with the rules of court. Decision of Tribunal not automatically stayed on appeal (2) An appeal of a decision of the Tribunal to the Divisional Court under this section does not stay the operation of the decision, unless the Tribunal orders otherwise. Divisional Court may grant or set aside stay (3) If a decision of the Tribunal is appealed to the Divisional Court under this section, the Divisional Court may, (a)  stay the operation of the decision; or (b)  set aside a stay ordered by the Tribunal under subsection (2). Offences
99 (1) No person shall hinder or obstruct an officer, employee or agent of the Authority in the performance of his or her duties under this Act. False information (2) No person shall give or submit false or misleading information, orally, in writing or electronically, in any statement, document or data in respect of any matter related to this Act or the regulations to, (a)  the Authority, an inspector, the Registrar, a Deputy Registrar, or any other officer, employee or agent of the Authority; (b)  a person required to carry out a review under clause 31 (2) (b); (c)  an administrator appointed under section 54; or (d)  the Minister, the Ministry, or an employee or agent of the Ministry. Same (3) No person shall include false or misleading information in any document or data required to be created, stored or submitted under this Act. Refusal to provide information (4) No person shall refuse to provide information required for the purpose of this Act or the regulations to, (a)  the Authority, the Registrar, a Deputy Registrar, an inspector, or any other officer, employee or agent of the Authority; (b)  a person required to carry out a review under clause 31 (2) (b); (c)  an administrator appointed under section 54; (d)  a person appointed as a Director under section 16; or (e)  the Minister, the Ministry, or an employee or agent of the Ministry. Offence (5) Any person who contravenes subsection (1), (2), (3) or (4) is guilty of an offence, and subsections 98 (6) to (12) apply with necessary modifications. Miscellaneous
100 (1) Any notice, order or other document that is required to be served on a person under this Act is sufficiently served if it is, (a)  delivered directly to the person; (b)  left at the person’s last known address, in a place that appears to be for incoming mail or with an individual who appears to be 16 years old or older; (c)  sent by regular mail to the person’s last known address; (d)  sent by commercial courier to the person’s last known address; (e)  sent by email to the person’s last known email address; (f)  sent by fax to the person’s last known fax number; or (g)  given by other means specified by the regulations. Deemed receipt (2) Subject to subsection (4), (a)  a document left under clause (1) (b) is deemed to have been received on the first business day after the day it was left; (b)  a document sent under clause (1) (c) is deemed to have been received on the fifth business day after the day it was mailed; (c)  a document sent under clause (1) (d) is deemed to have been received on the second business day after the day the commercial courier received it; (d)  a document sent under clause (1) (e) or (f) is deemed to have been received on the first business day after the day it was sent; and (e)  a document given under clause (1) (g) is deemed to have been received on the day specified by the regulations. Definition (3) In subsection (2), “business day” means a day from Monday to Friday, other than a holiday as defined in section 87 of the Legislation Act, 2006. Failure to receive document (4) Subsection (2) does not apply if the person establishes that he or she, acting in good faith, did not receive the document or received it on a later date because of a reason beyond the person’s control, including absence, accident, disability or illness. Exception (5) For greater certainty, subsection (1) does not apply to the service of documents on the Tribunal or the Authority. Proof
101 (1) A document that purports to be signed by the Registrar, a Deputy Registrar or an inspector, or a certified copy of a document that purports to be signed by any of them, is admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, that the document was signed by the Registrar, a Deputy Registrar or an inspector, as the case may be, without proof of the person’s office or signature. Same, statement (2) A statement that purports to be certified by the Registrar, a Deputy Registrar or an inspector is, without proof of the person’s office or signature, admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in it in relation to, (a)  the receipt or non-receipt of any document required or permitted to be given to the Registrar, Deputy Registrar or inspector; and (b)  the day on which evidence of an offence under this Act first came to the attention of the Authority or an officer, employee or agent of the Authority. Part VI   Regulations General
102 The Lieutenant Governor in Council may make regulations, (a)  respecting anything that may or must be prescribed, done or provided for by regulation, and for which a specific power is not otherwise provided in this Act; (b)  exempting any person or entity from any provision of this Act or the regulations and prescribing conditions for the exemptions from this Act and the regulations; (c)  defining any word or expression used in this Act that is not already defined; (d)  prescribing related things for the purposes of the provincial interest described in section 2; (e)  governing such transitional matters as the Lieutenant Governor in Council considers necessary or advisable to facilitate the implementation of this Act; (f)  respecting any matter that the Lieutenant Governor in Council considers advisable to effectively carry out the purpose of this Act.
103 (1) A regulation may be limited as to time or place, or both, and may exclude any place from the application of the regulation. Same, geographic areas (2) A regulation may provide that different responsibilities in respect of resource recovery or waste reduction apply in different geographic areas of Ontario. Adoption by reference (3) A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any document, including a code, formula, standard, protocol or procedure, and may require compliance with any document so adopted. Rolling incorporation by reference (4) The power to adopt by reference and require compliance with a document in subsection (3) includes the power to adopt a document as it may be amended from time to time. When amendment effective (5) The adoption of an amendment to a document that has been adopted by reference comes into effect upon the Ministry publishing notice of the amendment in The Ontario Gazette or in the registry under the Environmental Bill of Rights, 1993.
104 The Lieutenant Governor in Council may make regulations, (a)  prescribing persons and entities for the purpose of paragraph 5 of subsection 10 (1); (b)  prescribing persons, entities and activities for the purpose of paragraph 5 of subsection 12 (1); (c)  prescribing Acts for the purpose of paragraph 10 of subsection 12 (2); (d)  prescribing provisions and Acts for the purpose of paragraph 6 of subsection 12 (3); (e)  prescribing instruments for the purpose of subsection 14 (5); (f)  prescribing instruments for the purpose of clause 15 (2) (b); (g)  prescribing plans and provisions of plans for the purpose of clause 15 (4) (e); (h)  prescribing persons, entities and activities for the purpose of paragraph 3 of subsection 17 (2); (i)  governing reviews and reports and the provision of information and reports under section 17, including, (i)  governing their contents, and (ii)  requiring that specified parts of a report be certified in the specified way by a person with specified qualifications.
105 (1) The Lieutenant Governor in Council  may make regulations, (a)  limiting the capacity, rights, powers or privileges of the Authority for the purposes of subsection 34 (1); (b)  permitting and governing, for the purposes of subsection 34 (2), the establishment of subsidiary corporations of the Authority, including, (i)  specifying the objects, powers and duties of subsidiary corporations, (ii)  providing for their management, (iii)  prescribing provisions of this Act and the regulations that apply, with prescribed modifications, to subsidiary corporations, and (iv)  prescribing provisions of the Corporations Act, the Corporations Information Act and the Not-for-Profit Corporations Act, 2010 that apply to subsidiary corporations; (c)  governing commercial activities referred to in subsection 34 (3) that the Authority may engage in through an individual, corporation or other entity, including respecting the manner in which an entity may or may not be related to the Authority, to a member of its board of directors or to an officer of the Authority for the purposes of that subsection; (d)  subject to subsection (2), prescribing requirements for fees, costs or charges; (e)  governing the establishment, maintenance and operation of the Registry, including requiring electronic submissions; (f)  governing or prohibiting the posting of information on the Registry; (g)  governing procedures for submitting information through the Registry or to the Authority; (h)  prescribing the timing and requirements relating to periodic updating of submissions; (i)  respecting the manner in which the Authority must provide information to the Minister under section 53, including, without limitation, requiring the Authority to identify information the Authority is providing to the Minister in confidence before providing it to the Minister; (j)  requiring the Authority to follow processes and procedures with respect to providing access to the public to records of the Authority or with respect to managing personal information contained in those records and governing those processes and procedures; (k)  prescribing purposes for the Registry; (l)  prescribing further circumstances, for the purposes of clause 57 (2) (g), under which disclosure is permitted; (m)  requiring the Authority to disclose, to the public, information relating to compensation and any other payments that it makes or is required to make to members of the Authority’s board of directors, officers or employees and governing the disclosure. 2016, c. 12, Sched. 1, ss. 105, 109 (2); 2017, c. 20, Sched. 8, s. 125 (2); 2019, c. 14, Sched. 8, s. 63 (1). Regulations re fees, etc. (2) A regulation made under clause (1) (d) in respect of fees, costs or charges that are unrelated to the objects of the Authority under clause 24 (1) (c) or (d) may prescribe requirements only for the portion of those fees, costs or charges that is related to amounts payable under section 40. 2019, c. 14, Sched. 8, s. 63 (2). Section Amendments with date in force (d/m/y) 2016, c. 12, Sched. 1, s. 109 (2) - 19/10/2021 2017, c. 20, Sched. 8, s. 125 (2) - 19/10/2021 2019, c. 14, Sched. 8, s. 63 (1, 2) - 10/12/2019
106 (1) The Minister may make regulations, (a)  prescribing the maximum number of board members to be appointed under paragraph 1 of subsection 25 (2); (b)  prescribing the maximum number of board members to be elected under paragraph 2 of subsection 25 (2); (c)  prescribing the procedures for the election of board members under paragraph 2 of subsection 25 (2); (d)  prescribing qualifications of and eligibility criteria for board members; (e)  prescribing restrictions on the length of terms of board members and on their reappointment or re-election; (f)  prescribing the number of board members that constitutes a quorum for the purposes of subsection 25 (13); (g)  prescribing a date for the purpose of subsection 26 (3); (h)  prescribing provisions of the Corporations Act, the Corporations Information Act and the
Not-for-Profit Corporations Act, 2010 that apply to the Authority. 2016, c. 12, Sched. 1, ss. 106 (1), 109 (3); 2017, c. 20, Sched. 8, s. 125 (3). Restriction, maximum numbers of board members (2) The maximum number of board members prescribed under clause (1) (b) must always be greater than the maximum number prescribed under clause (1) (a). 2016, c. 12, Sched. 1, s. 106 (2). Section Amendments with date in force (d/m/y) 2016, c. 12, Sched. 1, s. 109 (3) - 19/10/2021 2017, c. 20, Sched. 8, s. 125 (3) - 19/10/2021
107 The Lieutenant Governor in Council may make regulations, (a)  respecting anything that, under Part IV, may or must be prescribed, done or provided for by regulation; (b)  respecting convenience packaging, primary packaging and transport packaging, and what constitutes each type of packaging for the purposes of Part IV; (c)  prescribing information, reports, records or documents to be included with a registration; (d)  prescribing the location at which documents or data must be created, stored or made available; (e)  providing for the preparation and signing of documents by electronic means, the filing of documents by direct electronic transmission and the printing of documents filed by direct electronic transmission; (f)  governing reports required under section 72; (g)  governing audits required under section 72, including governing standards for independent audits required under that section, qualifications for auditors and requirements for certification of audits.
107.1 (1) Without limiting the generality of section 68, the Lieutenant Governor in Council may make regulations governing the collection of blue box material, including, without limiting the generality of the foregoing, (a)  defining “blue box material” for the purposes of this section and the regulations; and (b)  establishing procedures and requirements for the determination of which persons are required to collect blue box material, and from which sources. 2020, c. 36, Sched. 41, s. 7. Rules (2) A regulation made under this section may authorize or require one or more prescribed persons or entities to make rules in respect of the collection of blue box material. 2020, c. 36, Sched. 41, s. 7. Persons or entities (3) A regulation made under the authority of subsection (2) that authorizes or requires one or more prescribed persons or entities to make rules may, (a)  specify the person or entity; (b)  set out a method for determining the person or entity; or (c)  specify criteria that a person or entity must meet. 2020, c. 36, Sched. 41, s. 7. Some powers (4) Without limiting the generality of subsection (2), a regulation that authorizes or requires one or more prescribed persons or entities to make rules may, (a)  authorize or require different prescribed persons or entities to make rules in different prescribed circumstances; and (b)  provide for substituting, in whole or in part, rules made by one person or entity for those that were made or that should have been made by a different person or entity. 2020, c. 36, Sched. 41, s. 7. Restriction (5) For greater certainty, a person or entity who is authorized or required to make rules may only make the rules in accordance with the terms of the authorization set out in the regulations and must comply with any requirements or conditions imposed by the regulations. 2020, c. 36, Sched. 41, s. 7. Compliance (6) A person who is subject to a rule made under the authority of subsection (2) shall comply with the rule. 2020, c. 36, Sched. 41, s. 7. Publication (7) Rules made under the authority of subsection (2) shall be made publicly available on the Registry. 2020, c. 36, Sched. 41, s. 7. Not a regulation (8) A rule made under the authority of subsection (2) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2020, c. 36, Sched. 41, s. 7. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 41, s. 7 - 08/12/2020