jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The purpose of this Act is to enhance public safety in Ontario by providing for the efficient and flexible administration of technical standards with respect to the matters referred to in section 2.  2000, c. 16, s. 1.
2 This Act applies to amusement devices, boilers and pressure vessels, elevating devices, fuels, and operating engineers. 2019, c. 4, Sched. 7, s. 1. Section Amendments with date in force (d/m/y) 2006, c. 34, s. 25 (1)
- 20/12/2006 2019, c. 4, Sched. 7, s. 1 (1) - 03/04/2019; 2019, c. 4, Sched. 7, s. 1 (2) - 01/07/2019
3 In this Act, “administrative penalty” means an administrative penalty imposed under section 32.1; (“pénalité administrative”) “alternate rules” mean the rules made by a director and approved by an order of the Minister made under section 36.1; (“règles de rechange”) “assessor” means a person appointed as an assessor under this Act; (“évaluateur”) “authorization” means any form of authorization under this Act and includes, (a)  with respect to a person, a certificate, identification, licence or registration, and (b)  with respect to a thing, an approval, certificate, licence, permit or registration; (“autorisation”) “Corporation” means the corporation continued by subsection 3.1 (1); (“Société”) “director” means a person appointed as a director under this Act or a predecessor Act; (“directeur”) “dwelling” means any premises or any part of a premises occupied exclusively as living accommodation; (“logement”) “inspector” means a person appointed as an inspector under this Act or a predecessor Act; (“inspecteur”) “Minister” means the Minister responsible for the administration of this Act; (“ministre”) “Minister’s order” means an order made by the Minister under section 33 unless the context requires otherwise; (“arrêté du ministre”) “person” means an individual, an association, a partnership or a corporation; (“personne”) “predecessor Act” means any of the following: 1.  Amusement Devices Act. 2.  Boilers and Pressure Vessels Act. 3.  Elevating Devices Act. 4.  Energy Act. 5.  Gasoline Handling Act. 6.  Operating Engineers Act. 7.  Repealed: 2019, c. 4, Sched. 7, s. 2 (2). “prescribed” means prescribed by the regulations; (“prescrit”) “regulations” means the regulations made under this Act; (“règlements”) “seal” means to mark, tag, seal or label, and its noun has a corresponding meaning. (“apposer les scellés”)  2000, c. 16, s. 3; 2009, c. 28, s. 1; 2018, c. 7, s. 13; 2019, c. 4, Sched. 7, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 1 (1, 2)
- 01/05/2010 2018, c. 7, s. 13
- 01/07/2022 2019, c. 4, Sched. 7, s. 2 (1) - 03/04/2019; 2019, c. 4, Sched. 7, s. 2 (2) - 01/07/2019 Part II   Administration Corporation
3.1 (1) The Technical Standards and Safety Authority is continued as a corporation without share capital under the name Technical Standards and Safety Authority in English and Office des normes techniques et de la sécurité in French.  2009, c. 28, s. 2. Letters patent revoked (2) The letters patent and supplementary letters patent of the Technical Standards and Safety Authority are revoked.  2009, c. 28, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010
3.2 (1) The Corporation is composed of the members of its board of directors.  2009, c. 28, s. 2. Same (2) A person ceases to be a member of the Corporation when he or she ceases to be a director.  2009, c. 28, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010
3.3 (1) The Corporation and its members, officers, directors, employees and agents, together with the persons whose services it retains, are not agents of the Crown and shall not hold themselves out as agents of the Crown.  2009, c. 28, s. 2. Same (2) The directors described in subsection (1) include directors appointed by the Minister.  2009, c. 28, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010
3.4 The
Corporations Information Act applies to the Corporation.  2010, c. 15, s. 245 (1). Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010 2010, c. 15, s. 245 (1)
- 19/10/2021
3.4.1 In the event of a conflict, a Minister’s order made under this Act prevails over the memorandum of understanding and the Corporation’s by-laws and resolutions. 2020, c. 14, Sched. 9, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 9, s. 1 - 14/07/2020
3.5 (1) The Corporation has the capacity and the rights, powers and privileges of a natural person, except as limited by this Act or as prescribed.  2009, c. 28, s. 2. Restriction, commercial activity (2) The Corporation shall not engage in commercial activity through an individual, corporation or other entity that is related to the Corporation. 2020, c. 14, Sched. 9, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010 2020, c. 14, Sched. 9, s. 2 - 01/07/2021
3.6 The following are the objects of the Corporation: 1.  To promote and undertake activities which enhance public safety in relation to the matters assigned to the Corporation under this Act, the regulations and alternate rules. 2.  To undertake public safety services in relation to the matters assigned to the Corporation under this Act, the regulations and alternate rules, including training, certification, licensing, registration, audit, quality assurance, inspection, investigation and enforcement. 3.  To promote and undertake activities which encourage the harmonization of technical safety standards and compliance practices. 4.  To inform, educate and work with industry, government and the public in relation to the matters assigned to the Corporation under this Act, the regulations and alternate rules. 5.  To encourage industry to enhance safety in a responsible manner in relation to the matters assigned to the Corporation under this Act, the regulations and alternate rules. 6.  To promote and undertake additional activities in accordance with the memorandum of understanding under section 3.15. 7.  To carry out any additional objects the Minister may by order specify.  2009, c. 28, s. 2; 2019, c. 4, Sched. 7, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010 2019, c. 4, Sched. 7, s. 3 - 03/04/2019
3.7 (1) The board of directors shall manage or supervise the management of the affairs of the Corporation.  2009, c. 28, s. 2. Composition (2) The board of directors shall consist of 13 members unless the number is changed by order of the Minister under clause (8) (a).  2009, c. 28, s. 2. Appointed directors (3) The Minister may appoint at pleasure directors to the board for a term specified in the appointment as long as the directors appointed by the Minister do not constitute a majority of the board. 2020, c. 14, Sched. 9, s. 3 (1). Same (4) The directors appointed by the Minister may include representatives of consumer groups, business, government organizations or such other interests as the Minister determines.  2009, c. 28, s. 2. Same (5) The Corporation shall provide for the payment of reasonable remuneration and expenses to the directors appointed by the Minister.  2009, c. 28, s. 2. Number of appointed directors (6) Subject to subsection (3), the number of directors appointed by the Minister shall be established by order of the Minister.  2009, c. 28, s. 2. Elected directors (7) Directors other than the directors appointed by the Minister shall be elected by the members of the board.  2009, c. 28, s. 2. Composition of the board, Minister’s order (7.1) The Minister may, by order, provide that no more than a fixed percentage of members of the board shall be drawn from among the persons or classes of persons specified in the order. 2020, c. 14, Sched. 9, s. 3 (2). Change in number of directors (8) Subject to subsection (3), the Minister may, by order, increase or decrease, (a)  the number of members of the board; and (b)  the number of directors appointed by the Minister.  2009, c. 28, s. 2. Competency criteria (8.1) The Minister may, by order, (a)  establish competency criteria for members of the board of the Corporation; and (b)  establish rules about the nomination of board members, the appointment or election process, the length of their terms and whether they may be reappointed or re-elected. 2020, c. 14, Sched. 9, s. 3 (2). Qualifications (9) A person may be appointed or elected a director under this section only if the person meets the competency criteria established or approved by the Minister.  2009, c. 28, s. 2; 2020, c. 14, Sched. 9, s. 3 (3). Chair and vice-chair (10) The Minister shall appoint the chair and the vice-chair of the board from among the directors.  2009, c. 28, s. 2. Transition, board of directors (11) The persons who are directors of the Technical Standards and Safety Authority immediately before the day this subsection comes into force continue as directors of the Corporation until replaced or removed.  2009, c. 28, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010 2020, c. 14, Sched. 9, s. 3 (1-3) - 14/07/2020
3.8 (1) The board of directors may make by-laws governing the conduct and management of the affairs of the Corporation.  2009, c. 28, s. 2. Public access to Corporation by-laws (2) The Corporation shall make its by-laws available on its website, and by any other means that the Corporation determines, within the time specified in the memorandum of understanding or, if no time is specified in the memorandum of understanding, within 10 days after the by-laws are made by the board. 2020, c. 14, Sched. 9, s. 4. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010 2020, c. 14, Sched. 9, s. 4 - 01/07/2021
3.9 Subject to the memorandum of understanding under section 3.15, the Corporation may employ or retain the services of any qualified person to carry out any power or duty of the Corporation relating to the administration of this Act and the regulations by the Corporation.  2009, c. 28, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010
3.10 (1) The Minister may, by order, require the Corporation to, (a)  establish one or more advisory councils; and (b)  include, as members of an advisory council, representatives of the public, consumer groups, businesses or government organizations and other persons as the Minister determines. 2020, c. 14, Sched. 9, s. 5. Advisory process (2) The Minister may, by order, require the Corporation to undertake an advisory process in which it seeks advice from one or both of the public and persons with experience or knowledge relating to public safety. 2020, c. 14, Sched. 9, s. 5. Transition (3) An advisory council established by by-law under this section as it read before section 5 of Schedule 9 to the Rebuilding Consumer Confidence Act, 2020 came into force continues until such time as the Minister exercises the power under subsection (1). 2020, c. 14, Sched. 9, s. 5. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010 2020, c. 14, Sched. 9, s. 5 - 14/07/2020
3.11 (1) The Corporation shall appoint a chief safety and risk officer with the consent of the Minister.  2009, c. 28, s. 2. Independent review of Corporation’s activities (2) The chief safety and risk officer shall independently review the Corporation’s activities or proposed activities related to the public safety responsibilities assigned to the Corporation under this Act, the regulations and alternate rules.  2009, c. 28, s. 2; 2019, c. 4, Sched. 7, s. 3. Reports (3) The chief safety and risk officer may prepare a report on any matter related to the Corporation’s activities or proposed activities referred to in subsection (2) if the officer considers it in the public interest to do so.  2009, c. 28, s. 2. Same (4) The chief safety and risk officer shall prepare an annual report and such other reports as may be requested by the board of directors or the Minister.  2009, c. 28, s. 2. Publication of reports (5) Reports prepared by the chief safety and risk officer shall be made available at the Corporation’s annual meeting and shall be made available to the public.  2009, c. 28, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010 2019, c. 4, Sched. 7, s. 3 - 03/04/2019
3.12 (1) The Corporation shall administer, (a)  all provisions of this Act, except for sections 3.1 to 3.24, 33, 34, 35 and 35.1, subsections 36 (1), (2) and (5) and such other provision as may be specified by a regulation made by the Minister under section 35.1; (b)  the regulations, except such regulation or provision of a regulation as may be specified by a regulation made by the Minister under section 35.1; and (c)  the alternate rules. 2009, c. 28, s. 2; 2019, c. 4, Sched. 7, s. 4 (1). Same (2) The Corporation shall carry out the administration of this Act, the regulations and alternate rules as provided under subsection (1) in accordance with the law, this Act, the regulations, Minister’s orders, alternate rules and the memorandum of understanding under section 3.15. 2019, c. 4, Sched. 7, s. 4 (2). Interpretation (3) In sections 3.1 to 3.24, a reference to the administration of this Act, the regulations and alternate rules by the Corporation is deemed to be a reference to the administration of this Act, the regulations and alternate rules by the Corporation as provided under subsection (1).  2009, c. 28, s. 2; 2019, c. 4, Sched. 7, s. 4 (3). Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010 2019, c. 4, Sched. 7, s. 4 (1-3) - 03/04/2019
3.13 (1) The Corporation shall co-ordinate its enforcement activities in relation to the investigation of serious incidents with the enforcement activities of other provincial and federal enforcement authorities.  2009, c. 28, s. 2. Same, requests of the Minister (2) The Corporation shall respond in an expeditious manner to all requests made by the Minister relating to, (a)  the governance of the Corporation; (b)  the administration of this Act, the regulations and alternate rules by the Corporation; (c)  the memorandum of understanding under section 3.15; or (d)  a policy direction issued by the Minister under section 3.14.  2009, c. 28, s. 2; 2019, c. 4, Sched. 7, s. 4 (3). Duty to inform Minister (3) The Corporation shall promptly inform and advise the Minister with respect to, (a)  any information that could affect the Corporation’s ability to perform its duties under this Act, the regulations and alternate rules; and (b)  any urgent or critical matter that is likely to require action by the Minister to ensure the administration of this Act, the regulations and alternate rules are carried out properly. 2020, c. 14, Sched. 9, s. 6. Suggestion to Minister (4) The Corporation may suggest to the Minister amendments to Ontario legislation that it considers would further the purpose of this Act, the regulations and alternate rules or that would assist the Corporation in administering this Act, the regulations and alternate rules. 2020, c. 14, Sched. 9, s. 6. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010 2019, c. 4, Sched. 7, s. 4 (3) - 03/04/2019 2020, c. 14, Sched. 9, s. 6 - 14/07/2020
3.14 (1) Subject to section 3.23.2, the Minister may issue policy directions to the Corporation after giving the Corporation the notice that the Minister considers reasonable in the circumstances. 2020, c. 14, Sched. 9, s. 7 (1). Same (2) A policy direction may be issued on any matter relating to the governance of the Corporation and the administration of this Act, the regulations and alternate rules by the Corporation, including, but not limited to, the requirement to develop written policies relating to conflict of interest, political activity and disclosure of wrongdoing.  2009, c. 28, s. 2; 2019, c. 4, Sched. 7, s. 4 (3). Part of MOU (2.1) The policy directions are deemed to form part of the memorandum of understanding. 2020, c. 14, Sched. 9, s. 7 (2). Implementation (3) The Corporation shall comply and implement measures to comply with the policy directions issued by the Minister.  2009, c. 28, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010 2019, c. 4, Sched. 7, s. 4 (3) - 03/04/2019 2020, c. 14, Sched. 9, s. 7 (1, 2) - 14/07/2020
3.15 (1) The Minister and the Corporation shall enter into a memorandum of understanding, which shall include, at a minimum, terms relating to the following matters: 1.  All matters the Minister considers necessary regarding the administration of this Act, the regulations and alternate rules by the Corporation. 2.  The governance of the Corporation. 3.  The maintenance by the Corporation of adequate insurance against liability arising out of its carrying out the administration of this Act, the regulations and alternate rules. 4.  Financial matters, including payments to the Crown, licence fees, royalties and reimbursements for transfer of assets. 5.  Any other matter related to the Corporation’s public safety responsibilities. 2020, c. 14, Sched. 9, s. 8. Minister’s terms (2) Subject to section 3.23.2, on giving notice to the Corporation that the Minister considers reasonable in the circumstances, the Minister may amend, add or delete a term in the memorandum of understanding. 2020, c. 14, Sched. 9, s. 8. Transition (3) Despite subsection (1), any memorandum of understanding that was in effect immediately before the coming into force of section 8 of Schedule 9 to the Rebuilding Consumer Confidence Act, 2020
remains in force according to its terms until it is otherwise amended or revoked, but for greater certainty, subsection (2) applies to such a memorandum of understanding. 2020, c. 14, Sched. 9, s. 8. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010 2019, c. 4, Sched. 7, s. 4 (3) - 03/04/2019 2020, c. 14, Sched. 9, s. 8 - 14/07/2020
3.16 (1) No action or other proceeding shall be instituted against a person mentioned in subsection (2), or someone who was formerly such a person, for an act done in good faith in the exercise or performance or intended exercise or performance of any of the person’s duties or powers under this Act, the regulations, a Minister’s order or an alternate rule, or for any neglect or default in the exercise or performance in good faith of such a duty or power. 2020, c. 14, Sched. 9, s. 9 (1). Same (2) Subsection (1) applies to the following persons: 1.  A director to whom this Act, the regulations, a Minister’s order or an alternate rule give duties or powers. 2.  A deputy director, i.  to whom duties are assigned by a director referred to in paragraph 1, or ii.  who is acting as a director referred to in paragraph 1. 3.  An inspector. 4.  An investigator. 5.  An officer or a member of the board of directors of the Corporation. 6.  A person whom the Corporation employs or whose services the Corporation retains under section 3.9. 7.  An agent of the Corporation. 8.  A member of a discipline committee or of an appeals committee under this Act, the regulations or alternate rules. 9.  An assessor. 2009, c. 28, s. 2; 2018, c. 7, s. 15; 2019, c. 4, Sched. 7, s. 5. Liability of the Corporation (3) Subsection (1) does not relieve the Corporation of liability to which it would otherwise be subject in respect of the acts or omissions of a person mentioned in subsection (2).  2009, c. 28, s. 2; 2020, c. 14, Sched. 9, s. 9 (2). Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010 2018, c. 7, s. 15
- 01/07/2022 2019, c. 4, Sched. 7, s. 5 (1, 2) - 03/04/2019 2020, c. 14, Sched. 9, s. 9 (1, 2) - 14/07/2020
3.17 (1) No action or other proceeding shall be instituted against a current or former employee of the Crown for, (a)  any act done in good faith in the exercise or performance or intended exercise or performance of a duty or power under this Act, the regulations, a Minister’s order or an alternate rule; or (b)  any neglect or default in the exercise or performance in good faith of a duty or power described in clause (a). 2020, c. 14, Sched. 9, s. 10 (1). Tort by employee of the Crown (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) of this section does not relieve the Crown of liability in respect of a tort committed by an employee of the Crown to which it would otherwise be subject. 2020, c. 14, Sched. 9, s. 10 (1). No Crown liability (3) No cause of action arises against the Crown, a minister of the Crown, a Crown employee or a Crown agent as a direct or indirect result of any act or omission of a person who is not a minister of the Crown, a Crown employee or a Crown agent if the act or omission is related, directly or indirectly, to the exercise or performance or intended exercise or performance of a duty or power under this Act, the regulations, a Minister’s order or an alternate rule. 2020, c. 14, Sched. 9, s. 10 (1). No proceeding (3.1) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, shall be instituted against the Crown, a minister of the Crown, a Crown employee or a Crown agent by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in subsection (3). 2020, c. 14, Sched. 9, s. 10 (1). Application (3.2) Without limiting the generality of subsection (3.1), that subsection applies to any action or other proceeding claiming any remedy or relief, including specific performance, injunction or declaratory relief, any form of compensation or damages, including loss of revenue and loss of profit, or any other remedy or relief, and includes a proceeding to enforce a judgment, order or award made by a court, tribunal or arbitrator outside of Canada. 2020, c. 14, Sched. 9, s. 10 (1). Indemnification (4) The Corporation shall indemnify the Crown, in accordance with the memorandum of understanding under section 3.15, in respect of damages and costs incurred by the Crown for any act or omission of the Corporation or its members, officers, directors, employees or agents in the exercise or performance or intended exercise or performance of their duties and powers under this Act, the regulations, a Minister’s order, an alternate rule or the memorandum of understanding, or for any act or omission otherwise connected to this Act, the regulations, a Minister’s order, an alternate rule or the memorandum of understanding. 2020, c. 14, Sched. 9, s. 10 (2). Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010 2019, c. 4, Sched. 7, s. 6 (1-3) - 03/04/2019; 2019, c. 7, Sched. 17, s. 163 (1) - 01/07/2019 2020, c. 14, Sched. 9, s. 10 (1) - 14/07/2020; 2020, c. 14, Sched. 9, s. 10 (2) - 01/07/2021
3.18 (1) The Corporation may, (a)  establish forms related to the administration of this Act and the regulations by the Corporation; (b)  set and collect fees, costs or other charges related to the administration of this Act, the regulations and alternate rules by the Corporation if it does so in accordance with the processes and criteria that it establishes and that the Minister has approved; and (c)  make rules governing the payment of the fees, costs and charges described in clause (b).  2009, c. 28, s. 2; 2019, c. 4, Sched. 7, s. 7. Setting fees (2) In setting the fees, costs and charges described in clause (1) (b), the Corporation may specify their amounts or the method for determining these amounts.  2009, c. 28, s. 2. Publication of fees, etc. (3) The Corporation, (a)  shall publish the fees, costs or other charges and processes, criteria and rules referred in clauses (1) (b) and (c) on its website and in any other way that may be provided for in the memorandum of understanding; and (b)  may publish the information referred to in clause (a) in any other format the Corporation considers advisable. 2020, c. 14, Sched. 9, s. 11. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010 2019, c. 4, Sched. 7, s. 7 - 03/04/2019 2020, c. 14, Sched. 9, s. 11 - 14/07/2020
3.19 The money that the Corporation collects in carrying out the administration of this Act, the regulations and alternate rules is not public money within the meaning of the Financial Administration Act and, subject to subsection 3.5 (2), the Corporation may use it to carry out activities in accordance with its objects.  2009, c. 28, s. 2; 2019, c. 4, Sched. 7, s. 7; 2020, c. 14, Sched. 9, s. 12. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010 2019, c. 4, Sched. 7, s. 7 - 03/04/2019 2020, c. 14, Sched. 9, s. 12 - 14/07/2020 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2020, c. 14, Sched. 9, s. 13) Provision of services in French 3.19.1 (1) A person has the right to communicate in French with the Corporation and to receive available services in French from the Corporation. 2020, c. 14, Sched. 9, s. 13. Board to ensure (2) The board of directors of the Corporation shall take all reasonable measures and make all reasonable plans to ensure that persons may exercise the right to use French given by this section. 2020, c. 14, Sched. 9, s. 13. Limitation (3) The right to use French given by this section is subject to the limits that are reasonable in the circumstances and to any exemptions that may be provided for in the regulations. 2020, c. 14, Sched. 9, s. 13. Definition (4) In this section, “service” means any service or procedure that is provided to the public by the Corporation in the administration of this Act, regulations or alternate rules and includes responding to inquiries from members of the public and any other communications for the purpose of providing the service or procedure. 2020, c. 14, Sched. 9, s. 13. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 9, s. 13 - not in force
3.19.2 The Corporation shall follow the prescribed processes and procedures, if any, with respect to providing access to the public to records of the Corporation and with respect to managing personal information contained in those records. 2020, c. 14, Sched. 9, s. 14. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 9, s. 14 - 14/07/2020
3.19.3 (1) The Minister may, by order, require the Corporation to make available to the public, on its website and by any other means that the Corporation determines, any information specified by the Minister relating to, (a)  the compensation that the Corporation pays to members of its board of directors, its officers and its employees; and (b)  any other payments that the Corporation makes or is required to make to the persons mentioned in clause (a). 2020, c. 14, Sched. 9, s. 14. Information for prior period (2) An order made under subsection (1) may require that the Corporation make available to the public information referred to in that subsection with respect to a member of the board of directors or one of its officers who was in office on the day this section came into force or an individual who was one of its employees on that day, where the information is for a period that begins before that day. 2020, c. 14, Sched. 9, s. 14. Effect of compliance (3) If the Corporation makes information available to the public in accordance with an order made under subsection (1) or in the reasonable belief that action is required by the order, no court, person or other entity shall find that the Corporation, (a)  has contravened any Act enacted or regulation made before or after this section came into force; or (b)  is in breach of or has contravened any agreement that purports to restrict or prohibit that action, regardless of whether the agreement is made before or after this section came into force. 2020, c. 14, Sched. 9, s. 14. Definition (4) In this section, “compensation” means anything paid or provided, directly or indirectly, to or for the benefit of a person who performs duties and functions that entitle the person to be paid, and includes salary, benefits, perquisites and all forms of non-discretionary and discretionary payments. 2020, c. 14, Sched. 9, s. 14. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 9, s. 14 - 14/07/2020
3.20 (1) Each year, the board of directors of the Corporation shall report to the Minister on its activities and financial affairs in respect of this Act, the regulations, Minister’s orders, the alternate rules and the memorandum of understanding. 2020, c. 14, Sched. 9, s. 15. Form and contents (2) The report shall be in a form acceptable to the Minister and shall provide the information that the Minister requires. 2020, c. 14, Sched. 9, s. 15. Disclosure by the Corporation (3) The board of the Corporation shall publish the report on its website and by any other method within the period and in the manner the Minister requires. 2020, c. 14, Sched. 9, s. 15. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010 2019, c. 4, Sched. 7, s. 8 - 03/04/2019 2020, c. 14, Sched. 9, s. 15 - 14/07/2020
3.21 (1) The Minister may, (a)  consult with the Corporation regarding proposed legislative or policy changes that may affect the Corporation and its activities; (b)  require that reviews of the Corporation, of its operations, or of both, including, without being limited to, performance, governance, accountability and financial reviews, be carried out by or on behalf of the Corporation or such other person or entity as the Minister may specify; and (c)  require that policy, legislative or regulatory reviews related to this Act, the regulations, Minister’s orders and alternate rules be carried out by or on behalf of the Corporation or such other person or entity as the Minister may specify.  2009, c. 28, s. 2; 2019, c. 4, Sched. 7, s. 8; 2020, c. 14, Sched. 9, s. 16 (1). Reviews, terms and conditions (2) The Minister may impose terms and conditions relating to any review the Minister requires under clause (1) (b) or (c).  2009, c. 28, s. 2. Access to records (3) If a review is carried out under clause (1) (b) or (c) by a person or entity specified by the Minister, the Corporation shall give the person or entity specified by the Minister and the employees or agents of the person or entity access to all records and other information required to conduct the review. 2020, c. 14, Sched. 9, s. 16 (2). Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010 2019, c. 4, Sched. 7, s. 8 - 03/04/2019 2020, c. 14, Sched. 9, s. 16 (1, 2) - 14/07/2020
3.22 (1) The Auditor General appointed under the Auditor General Act
may conduct an audit of the Corporation, other than an audit required under the
Not-for-Profit Corporations Act, 2010.  2009, c. 28, s. 2; 2010, c. 15, s. 245 (2). Access to records and information (2) When the Auditor General conducts an audit under subsection (1), the Corporation shall give the Auditor General and employees of the Auditor General access to all records and other information required to conduct the audit.  2009, c. 28, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010 2010, c. 15, s. 245 (2)
- 19/10/2021
3.23.1 (1) On the appointment of an administrator under section 3.23, the members of the board of the Corporation cease to hold office, unless the order provides otherwise. 2020, c. 14, Sched. 9, s. 18. Same (2) During the term of the administrator’s appointment, the powers of any member of the board who continues to hold office are suspended, unless the order provides otherwise. 2020, c. 14, Sched. 9, s. 18. No personal liability (3) No action or other proceeding shall be instituted against a member or former member of the board of the Corporation for any act, neglect or default done by the administrator or the Corporation after the member’s removal under subsection (1) or while the member’s powers are suspended under subsection (2). 2020, c. 14, Sched. 9, s. 18. Crown liability (4) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (3) of this section does not relieve the Crown of liability to which it would otherwise be subject. 2020, c. 14, Sched. 9, s. 18. Liability of Corporation (5) Subsection (3) does not relieve the Corporation of liability to which it would otherwise be subject. 2020, c. 14, Sched. 9, s. 18. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 9, s. 18 - 14/07/2020
3.23.2 The Minister may exercise a power under subsection 3.14 (1), 3.15 (2) or 3.23 (1) or any other prescribed provision only if the Minister is of the opinion that it is advisable to exercise the power in the public interest because at least one of the following conditions is satisfied: 1.  The exercise of the power is necessary to prevent serious harm to public safety or to the interests of the public. 2.  An event of force majeure has occurred. 3.  The Corporation is facing a risk of insolvency. 4.  The number of members of the board of the Corporation is insufficient for a quorum. 2020, c. 14, Sched. 9, s. 18. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 9, s. 18 - 14/07/2020 Offences
3.24 (1) The Corporation is guilty of an offence if it knowingly contravenes this Act, the regulations, a Minister’s order or an alternate rule and on conviction is liable to a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues.  2009, c. 28, s. 2; 2019, c. 4, Sched. 7, s. 10. Individuals (2) A director, officer, employee or agent of the Corporation who knowingly contravenes this Act, the regulations, a Minister’s order or an alternate rule is guilty of an offence.  2009, c. 28, s. 2; 2019, c. 4, Sched. 7, s. 10. Parties to offences (3) A director or officer of the Corporation is guilty of an offence who, (a)  knowingly causes, authorizes, permits or participates in the commission by the Corporation of an offence mentioned in subsection (1); or (b)  fails to take reasonable care to prevent the Corporation from committing an offence mentioned in subsection (1).  2009, c. 28, s. 2. Penalty (4) A person who is convicted of an offence under subsection (2) or (3) is liable to a fine of not more than $25,000 for each day or part of a day on which the offence occurs or continues.  2009, c. 28, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 2
- 01/05/2010 2019, c. 4, Sched. 7, s. 10 - 03/04/2019 Directors, Inspectors, Investigators and Assessors
4 (1) The Corporation may appoint directors, inspectors, investigators and assessors for the purposes of this Act, the regulations, a Minister’s order or an alternate rule, including for the purpose of determining whether authorization holders continue to meet the requirements for authorization and the requirements of this Act, the regulations, Minister’s orders and alternate rules. 2019, c. 4, Sched. 7, s. 11 (3). Restrictions (2) An appointment is subject to the restrictions, limitations and conditions set out in it. 2018, c. 7, s. 16. Identification (3) A director, inspector, investigator or assessor shall produce, on request, evidence of his or her appointment. 2018, c. 7, s. 16. Section Amendments with date in force (d/m/y) 2006, c. 34, s. 25 (2)
- 01/08/2007 2009, c. 28, s. 3 (1, 2)
- 01/05/2010 2018, c. 7, s. 16
- 01/07/2022 2019, c. 4, Sched. 7, s. 11 (1, 2) - 03/04/2019; 2019, c. 4, Sched. 7, s. 11 (3) - 01/07/2022
5 (1) A director has general supervisory and administrative responsibility in respect of all or any part of this Act, the regulations, a Minister’s order or an alternate rule with respect to which he or she is appointed. 2018, c. 7, s. 16; 2019, c. 4, Sched. 7, s. 12 (3). Powers regarding inspectors, investigators and assessors (2) Unless otherwise stated in his or her appointment, a director, (a)  may supervise and direct inspectors, investigators, assessors and other persons responsible for administering or enforcing this Act, the regulations, a Minister’s order or an alternate rule; and (b)  is an inspector, an investigator and an assessor and may exercise any of their powers and perform any of their duties. 2018, c. 7, s. 16; 2019, c. 4, Sched. 7, s. 12 (3). Delegation (3) A director may delegate in writing any of his or her powers or duties to any person subject to the restrictions, limitations and conditions set out in the delegation. 2018, c. 7, s. 16. Section Amendments with date in force (d/m/y) 2006, c. 34, s. 25 (3, 4)
- 01/08/2007 2018, c. 7, s. 16
- 01/07/2022 2019, c. 4, Sched. 7, s. 12 (1, 2) - 03/04/2019; 2019, c. 4, Sched. 7, s. 12 (3) - 01/07/2022 Part III   Authorizations and Safety and Compliance Orders Authorizations
6 (1) Except as provided in the regulations, a Minister’s order or an alternate rule, a person is required to obtain an authorization in accordance with this Act, the regulations, a Minister’s order or an alternate rule before carrying out the activities referred to in the regulations, a Minister’s order or an alternate rule as requiring an authorization or before operating or otherwise dealing with any thing referred to in the regulations, a Minister’s order or an alternate rule as requiring an authorization. 2019, c. 4, Sched. 7, s. 13 (1). Authorizations for persons (2) An applicant who applies to a director for an authorization to carry out an activity referred to in the regulations, a Minister’s order or an alternate rule is entitled to the authorization if all the requirements for it are met.  2000, c. 16, s. 6 (2); 2019, c. 4, Sched. 7, s. 13 (2). Refusal re applicant (3) The director may refuse to grant an authorization to an applicant who does not meet the requirements for it.  2000, c. 16, s. 6 (3). Authorizations for things (4) An applicant who applies to a director for an authorization required for a thing is entitled to the authorization if all the requirements for it are met.  2000, c. 16, s. 6 (4). Refusal re thing (5) The director may refuse to grant an authorization for a thing if the applicant or thing does not meet the requirements for it.  2000, c. 16, s. 6 (5). Conditions (6) An authorization is subject to such restrictions, limitations and conditions as are prescribed and to the restrictions, limitations and conditions, if any, imposed on it by a director.  2000, c. 16, s. 6 (6). Refusals, suspensions, etc. (7) A director may refuse to grant, suspend, revoke or refuse to renew an authorization where he or she has reason to believe that the applicant or authorization holder, (a)  will not carry out the activities permitted by the authorization in accordance with law; (b)  will not carry out the activities permitted by the authorization safely; (c)  lacks the basic resources necessary for carrying out the activities permitted by the authorization; (d)  lacks honesty and integrity; (e)  is not competent or lacks reasonable skill; (f)  has failed to comply with this Act, the regulations, a Minister’s order, an alternate rule, the order of a director or an inspector, or a restriction, limitation or condition of an authorization; (g)  obtained the authorization through misrepresentation or fraud; (h)  permitted an unauthorized person to carry out the activities permitted under the authorization.  2000, c. 16, s. 6 (7); 2009, c. 28, s. 4; 2019, c. 4, Sched. 7, s. 13 (3). Section Amendments with date in force (d/m/y) 2009, c. 28, s. 4
- 01/05/2010 2019, c. 4, Sched. 7, s. 13 (1-3) - 03/04/2019
7 (1) Subject to subsection (2), if a director proposes to refuse to grant an authorization, or to suspend, revoke or refuse to renew an authorization, the director shall serve notice of the proposal to that effect, together with written reasons, on the applicant or authorization holder.  2000, c. 16, s. 7 (1). Exceptions (2) A notice of proposal is not required, (a)  in the case of a provisional suspension of an authorization or a refusal to renew an authorization under section 9; (b)  in the case of a suspension for a failure to pay under section 13.  2000, c. 16, s. 7 (2). Service of notice (3) The director may serve the notice of proposal personally or by registered mail addressed to the applicant or authorization holder at the last address known to the director, by fax or by any other form of electronic transmission if there is a record that the notice has been sent.  2000, c. 16, s. 7 (3). Deemed service, registered mail (4) If registered mail is used, the notice shall be deemed to have been served on the third day after the day of mailing unless the person on whom notice is being served establishes to the director that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice until a later date.  2000, c. 16, s. 7 (4). Deemed service, electronic transmission (5) If a fax or other form of electronic transmission is used, the notice shall be deemed to have been served on the day after the fax or other transmission was sent unless the person on whom notice is being served establishes to the director that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice until a later date.  2000, c. 16, s. 7 (5).
8 (1) A notice of proposal shall inform the applicant or authorization holder of the right to a hearing before the director if the applicant or holder applies for the hearing within 15 days after being served with the notice.  2000, c. 16, s. 8 (1). Where no hearing requested (2) If the applicant or authorization holder does not apply for a hearing, the director may carry out the proposal stated in the notice.  2000, c. 16, s. 8 (2). Where hearing requested (3) If the applicant or authorization holder applies for a hearing, the director shall set a time for and hold the hearing after issuing a notice of hearing to the applicant or authorization holder.  2000, c. 16, s. 8 (3). Extension of time for hearing (4) The director to whom application for a hearing is made may extend the time for making the application either before or after the 15-day period if he or she is satisfied that, (a)  there are reasonable grounds for applying for the extension; and (b)  there are apparent grounds for granting to the applicant or authorization holder the relief sought at the hearing.  2000, c. 16, s. 8 (4). Directions (5) In granting an extension, the director may give any directions he or she considers appropriate.  2000, c. 16, s. 8 (5). Findings of fact (6) On a hearing, the findings of fact made by a director shall be based exclusively on evidence admissible or matters that may be noticed under sections 15, 15.1, 15.2 and 16 of the Statutory Powers Procedure Act.  2000, c. 16, s. 8 (6). Decision (7) After a hearing, the director may refuse to grant the authorization or revoke, suspend or refuse to renew the authorization if the authorization holder is in contravention of this Act, the regulations, a Minister’s order, an alternate rule or a restriction, limitation or condition in the authorization.  2000, c. 16, s. 8 (7); 2019, c. 4, Sched. 7, s. 14. Delayed effect (8) A revocation, suspension or refusal to renew under subsection (7) does not take effect until the later of the final disposition of an appeal under section 11 and the expiration of the 30-day period for filing an appeal, unless there is or may be, in the director’s opinion, a threat to public safety or to the safety of any person.  2000, c. 16, s. 8 (8). Section Amendments with date in force (d/m/y) 2019, c. 4, Sched. 7, s. 14 - 03/04/2019
9 (1) A director may, by notice to an authorization holder and without a hearing, provisionally suspend or refuse to renew an authorization where the carrying on of the operations under the authorization is, in the director’s opinion, an immediate threat to public safety or the safety of any person.  2000, c. 16, s. 9 (1). Notice (2) The notice under subsection (1) shall state the director’s reasons for the decision to provisionally suspend or refuse to renew the authorization and inform the authorization holder of the right to a hearing before the director if the holder applies for the hearing within 15 days after being served with the notice.  2000, c. 16, s. 9 (2). Application of provisions (3) Subsections 7 (3), (4) and (5) apply with respect to a notice under this section and subsections 8 (3) to (6) apply for the purposes of a hearing under this section.  2000, c. 16, s. 9 (3).
10 (1) Notice of a hearing shall afford to the applicant or authorization holder a reasonable opportunity to show or to achieve compliance with all lawful requirements for the granting, retention or renewal of the authorization before the hearing.  2000, c. 16, s. 10 (1). Examination of documentary evidence (2) An applicant or authorization holder shall be given an opportunity to examine before a hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing  2000, c. 16, s. 10 (2). Recording of evidence (3) The oral evidence taken before the director at a hearing shall be recorded at the request of the applicant, the authorization holder or the director.  2000, c. 16, s. 10 (3). Cost of recording of evidence (4) The recording shall be at the cost of the person making the request and, where copies of the transcript are requested, they shall be provided at the cost of the person making the request.  2000, c. 16, s. 10 (4).
11 (1) An applicant or authorization holder may appeal to the Divisional Court if, after a hearing, the director, (a)  refuses to grant or to renew an authorization; (b)  grants or renews an authorization subject to conditions or restrictions; or (c)  revokes or suspends an authorization.  2000, c. 16, s. 11 (1). How to appeal (2) An appeal shall be made by filing a notice of appeal with the court within 30 days after receiving notice of the director’s decision.  2000, c. 16, s. 11 (2). Decision (3) In deciding an appeal, the court may order the director to take such action as the court considers proper.  2000, c. 16, s. 11 (3). Director is party (4) The director is a party to every appeal under this section.  2000, c. 16, s. 11 (4). Immediate threat to safety (5) The bringing of an appeal under this section does not suspend or otherwise affect the decision appealed from where that decision was based on the director’s opinion that there was an immediate threat to public safety or the safety of any person.  2000, c. 16, s. 11 (5).
12 (1) Any person who deems himself or herself aggrieved by a decision of a director under this Act, the regulations, a Minister’s order or an alternate rule may, within 10 days after the decision comes to the person’s attention, appeal to the Divisional Court by notice in writing sent by registered mail to the director and the court.  2000, c. 16, s. 12 (1); 2019, c. 4, Sched. 7, s. 15 (1). Powers of court on appeal (2) Where a person has appealed under subsection (1), the court shall appoint a time for a hearing and shall hear the appeal and may affirm, rescind or vary the decision of the director and may direct the director to take any action that he or she is authorized to take under this Act, the regulations, a Minister’s order or an alternate rule as the court considers proper, and for such purpose the court may substitute its opinion for that of the director.  2000, c. 16, s. 12 (2); 2019, c. 4, Sched. 7, s. 15 (2). Application of subss. 8 (4) and (5) (3) Subsections 8 (4) and (5) apply with necessary modifications to an appeal under this section.  2000, c. 16, s. 12 (3). Parties (4) The director, the appellant and such other persons as the court may specify are parties to an appeal under this section  2000, c. 16, s. 12 (4). Decision final (5) A decision of the court under this section is final.  2000, c. 16, s. 12 (5). Section Amendments with date in force (d/m/y) 2019, c. 4, Sched. 7, s. 15 (1, 2) - 03/04/2019