jswizzle3737/ontario_laws_and_regs huggingface dataset:
13 (1) If an authorization holder is in default of the payment of a fee, a cost, an administrative penalty or other charge owing to the Corporation, of a fine imposed on conviction for an offence under this Act or an order made under clause 69 (2) (a) or (b) of the Provincial Offences Act, a director may, (a)  suspend the holder’s authorization; or (b)  refuse to grant an authorization to the holder or to renew the holder’s authorization.  2000, c. 16, s. 13 (1); 2009, c. 28, s. 5 (1); 2018, c. 7, s. 18. Reinstatement of suspended authorization (2) If an authorization is suspended under clause (1) (a), the authorization holder is entitled to have the authorization reinstated on providing proof to the director that the authorization holder is no longer in default.  2000, c. 16, s. 13 (2). Granting of authorization or renewal (3) If an application for an authorization or for the renewal of an authorization is refused under clause (1) (b), the applicant is entitled to the authorization on providing proof to the director that the applicant is no longer in default.  2000, c. 16, s. 13 (3); 2009, c. 28, s. 5 (2). Notice (4) A director is not required to give notice or to hold a hearing before acting under subsection (1).  2000, c. 16, s. 13 (4). Section Amendments with date in force (d/m/y) 2009, c. 28, s. 5 (1, 2)
- 01/05/2010 2018, c. 7, s. 18
- 01/07/2022 Safety and Compliance Orders
15 (1) The director may, without prior notice or the holding of a hearing, suspend any authorization granted to a person who fails to comply with a safety order.  2000, c. 16, s. 15 (1). Reinstatement (2) If an authorization is suspended under subsection (1), a new application must be made for the authorization.  2000, c. 16, s. 15 (2). Conditions for reinstatement (3) A suspended authorization shall not be reinstated unless the applicant provides proof of having complied with all outstanding safety orders affecting the applicant, in addition to satisfying all other requirements for the reinstatement of the authorization.  2000, c. 16, s. 15 (3).
16 (1) If it appears to a director that a person is not complying with any provision of this Act, the regulations, a Minister’s order or an alternate rule, the director may apply to a judge of the Superior Court of Ontario for an order directing compliance.  2000, c. 16, s. 16 (1); 2019, c. 4, Sched. 7, s. 16. Same (2) The judge may make any order he or she considers just.  2000, c. 16, s. 16 (2). Clarification (3) The director may make an application under subsection (1) even if a penalty or some other sanction has been applied against the person in respect of the failure to comply and regardless of any other rights the person may have.  2000, c. 16, s. 16 (3). Appeal (4) An appeal lies to the Divisional Court from an order made under subsection (2).  2000, c. 16, s. 16 (4). Section Amendments with date in force (d/m/y) 2019, c. 4, Sched. 7, s. 16 - 03/04/2019 Part IV   INspectioNs and Enforcement Inspections and Investigations
17 (1) An inspector may conduct an inspection and may, as part of that inspection, enter and inspect at any reasonable time the lands and premises where any of the things, parts of things or classes of things to which this Act, the regulations, a Minister’s order or an alternate rule apply are used, operated, installed, made, manufactured, repaired, renovated or offered for sale for the purpose of, (a)  ensuring compliance with this Act, the regulations, a Minister’s order or an alternate rule; (b)  ensuring that an authorization holder remains entitled to the authorization; or (c)  determining whether a hazardous condition exists.  2006, c. 34, s. 25 (5); 2019, c. 4, Sched. 7, s. 17. Limitations on power to enter (2) An inspector shall not, (a)  use force to enter and inspect lands or premises under this section; or (b)  enter any part of premises that are being used as a dwelling, except with the consent of the owner or occupier.  2006, c. 34, s. 25 (5). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 25 (5)
- 01/08/2007 2019, c. 4, Sched. 7, s. 17 (1, 2) - 03/04/2019; 2019, c. 14, Sched. 10, s. 17 (1) - 10/12/2019
18 (1) An inspector conducting an inspection on lands or premises, including the premises of an authorization holder, may, (a)  examine all documents, records and things that are relevant to the inspection; (b)  require a person on the premises being inspected to produce a document, record or other thing that is relevant to the inspection; (c)  use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or a record that is relevant to the inspection and that is in any form; and (d)  on giving a receipt for it, remove any thing relevant to the inspection, including a document, a record, a data storage disk or a retrieval device needed to produce information.  2006, c. 34, s. 25 (6). (2) Repealed:  2006, c. 34, s. 25 (7). Assistance (3) An inspector may be accompanied by any person or persons who may be of assistance to him or her in carrying out the inspection.  2000, c. 16, s. 18 (3). Seal (4) An inspector conducting an inspection may seal any thing where the thing may be sealed under section 29.  2000, c. 16, s. 18 (4). (5) Repealed:  2006, c. 34, s. 25 (7). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 25 (6, 7) - 01/08/2007
19 (1) Every person shall, (a)  furnish all necessary means in his or her power to facilitate any entry, inspection, examination, test or inquiry by an inspector in the exercise of his or her powers and the carrying out of his or her duties; and (b)  pay the fees required by the Corporation for an inspection, examination, test or inquiry under clause (a).  2000, c. 16, s. 19 (1); 2009, c. 28, s. 7 (1). Written request (2) An inspector who requires that a record or other thing be produced for inspection must do so in writing and state the nature of the record or thing required.  2000, c. 16, s. 19 (2). Obligation to produce and assist (3) A person who is required to produce a document, record or other thing under subsection 18 (1) shall produce it and shall, on request by the inspector, provide any assistance that is reasonably necessary, including any assistance in using any data storage, processing or retrieval device or system, to produce information or a record that is relevant to the inspection and that is in any form.  2006, c. 34, s. 25 (8). (4) Repealed:  2009, c. 28, s. 7 (2). Copy and return of removed things (5) An inspector who removes any document, record or other thing under clause 18 (1) (d) may make a copy of it and shall promptly return it to the person being inspected.  2006, c. 34, s. 25 (9). Admissibility of copies (6) A copy of a document or record certified by an inspector to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.  2006, c. 34, s. 25 (9). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 25 (8, 9)
- 01/08/2007 2009, c. 28, s. 7 (1, 2)
- 01/05/2010
20 (1) No person shall hinder, obstruct or interfere with an inspector conducting an inspection, refuse to answer questions on matters relevant to the inspection or provide the inspector with information on matters relevant to the inspection that the person knows to be false or misleading.  2000, c. 16, s. 20 (1). Withholding, destruction prohibited (1.1) No person shall withhold from an inspector or conceal, alter or destroy any document, record or thing that is relevant to the inspection.  2006, c. 34, s. 25 (10). Operation of thing (2) No person shall operate, use or cause or permit the operation or use of a thing in contravention of an order issued under section 21 or where the thing has been sealed.  2000, c. 16, s. 20 (2). Removal of seal (3) No person shall remove a seal affixed by an inspector, (a)  without the inspector’s consent; (b)  except as provided in the regulations, a Minister’s order or an alternate rule.  2000, c. 16, s. 20 (3); 2019, c. 4, Sched. 7, s. 18. When order revoked (4) Subsection (3) does not apply upon the revocation of the order that was made when the seal was affixed.  2000, c. 16, s. 20 (4). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 25 (10)
- 01/08/2007 2019, c. 4, Sched. 7, s. 18 - 03/04/2019
21 (1) If an inspector finds that any provision of this Act, the regulations, a Minister’s order or an alternate rule is being contravened, or that a thing under this Act is unsafe or is not being operated or used in accordance with the authorization relating to it, the inspector may, (a)  serve the person he or she believes to be the contravener or that person’s supervisor or employer, or both, with an order in writing directing compliance with the provision or authorization and may require that the terms of the order be carried out forthwith or within such other time specified in the order; or (b)  seal any thing to which this Act, the regulations or an alternate rule apply where there is or may be a demonstrable threat to public safety, whether or not the thing is subject to an authorization.  2000, c. 16, s. 21 (1); 2019, c. 4, Sched. 7, s. 19 (1, 2). Same (2) An inspector who has reason to believe that there is a contravention of this Act, the regulations, a Minister’s order or an alternate rule that does not present an immediate hazard may serve the contravener or a person who has authority to correct the contravention with a written order directing that the correction be carried out within the time specified in the order.  2000, c. 16, s. 21 (2); 2019, c. 4, Sched. 7, s. 19 (3). Revocation of order (3) An inspector may revoke an order, or consent to the removal of a seal, if he or she is satisfied that a potential danger does not exist, that all provisions of this Act, the regulations, a Minister’s order or an alternate rule are being complied with or that a thing is being operated in accordance with the authorization relating to it, as the case may be.  2000, c. 16, s. 21 (3); 2019, c. 4, Sched. 7, s. 19 (4). Content of order (4) An inspector’s order under this section shall contain sufficient information to specify the nature of any contravention.  2000, c. 16, s. 21 (4). Not guilty of offence (5) Any person who receives an order under subsection (2) and complies with it or who has made all reasonable efforts to comply with it is not guilty of an offence in respect of the contravention or other matter that formed the basis of the order.  2000, c. 16, s. 21 (5). Report (6) Following an inspection, the inspector shall make a report to a director on the inspection in such manner and with respect to such things as may be determined by the director.  2000, c. 16, s. 21 (6). Section Amendments with date in force (d/m/y) 2019, c. 4, Sched. 7, s. 19 (1-4) - 03/04/2019
22. (1) Any person affected by an order under clause 21 (1) (a), the affixing of a seal under subsection 18 (4) or clause 21 (1) (b) or a requirement to pay fees under clause 19 (1) (b) may appeal to a director within 90 days of the service of the order, the affixing of the seal or the time at which the person is required to pay the fees, as the case may be. 2017, c. 2, Sched. 12, s. 8 (1). When required to be in writing (2) The appeal is not required to be in writing but if a director so requires, the grounds for the appeal shall be specified in writing before the appeal is heard.  2000, c. 16, s. 22 (2). Hearing (3) On receiving an appeal, the director shall hold a hearing as soon as is reasonably possible, but such an appeal does not affect the operation of the order appealed from pending disposition of the appeal.  2000, c. 16, s. 22 (3). Decision (4) After a hearing, the director may, (a)  substitute his or her findings for that of the inspector; (b)  revoke the order if the director is satisfied, (i)  that a demonstrable threat to public safety does not or may not exist, or (ii)  that all provisions of this Act, the regulations, a Minister’s order or an alternate rule are being complied with or that the thing is being operated in accordance with the authorization relating to it; or (c)  affirm the order if the director is not satisfied under clause (b).  2000, c. 16, s. 22 (4); 2019, c. 4, Sched. 7, s. 19 (4). Appeal (5) Where the director affirms an inspector’s order under clause (4) (c), the affected person may appeal to the Divisional Court under section 11.  2000, c. 16, s. 22 (5). Affixing of seals, etc. (6) After a hearing, the director may by order confirm the affixing of seals or direct the inspector to remove them.  2000, c. 16, s. 22 (6). No disposal of article (7) If the appeal relates to the destruction of an article, the appellant shall not dispose of the article pending the appeal.  2000, c. 16, s. 22 (7). (8) Repealed:  2009, c. 28, s. 8. Right to examine person under oath (9) For the purpose of an inspection or an investigation under this Act, a director may, by notice in writing, require the attendance of any person at the time and place named in the notice and may examine such person under oath regarding any matter pertaining to the inspection or investigation.  2000, c. 16, s. 22 (9). Section Amendments with date in force (d/m/y) 2009, c. 28, s. 8
- 01/05/2010 2017, c. 2, Sched. 12, s. 8 (1) - 22/03/2017 2019, c. 4, Sched. 7, s. 19 (4) - 03/04/2019
22.2 (1) Although a warrant issued under subsection 22.1 (1) would otherwise be required, an investigator may exercise any of the powers described in subsection 22.1 (2) without a warrant if the conditions for obtaining the warrant exist but because of exigent circumstances it would be impracticable to obtain the warrant.  2006, c. 34, s. 25 (11). Dwellings (2) Subsection (1) does not apply to any part of a building that is being used as a dwelling.  2006, c. 34, s. 25 (11). Use of force (3) An investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary.  2006, c. 34, s. 25 (11). Application of other provisions (4) Subsections 22.1 (3), (6), (10), (11) and (13) apply, with necessary modifications, to the exercise of powers under this section.  2006, c. 34, s. 25 (11); 2019, c. 14, Sched. 10, s. 17 (4). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 25 (11)
- 01/08/2007 2019, c. 14, Sched. 10, s. 17 (4) - 10/12/2019
22.3 (1) An investigator who is lawfully present in a place under a warrant may seize any thing that is in plain view if the investigator believes on reasonable grounds that the thing will afford evidence of a contravention of this Act, the regulations, a Minister’s order or an alternate rule.  2006, c. 34, s. 25 (11); 2019, c. 4, Sched. 7, s. 20. (2) Repealed: 2019, c. 14, Sched. 10, s. 17 (5). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 25 (11)
- 01/08/2007 2019, c. 4, Sched. 7, s. 20 - 03/04/2019; 2019, c. 14, Sched. 10, s. 17 (5) - 10/12/2019
22.4 (1) An investigator who seizes any thing under the authority of section 22.1, 22.2 or 22.3 shall bring it before a justice of the peace or, if that is not reasonably possible, shall report the seizure to a justice of the peace. 2019, c. 14, Sched. 10, s. 17 (6). Procedure (2) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized under the authority of section 22.1, 22.2 or 22.3 of this Act, reading the reference in subsection 160 (1) of that Act to a document that a person is about to examine or seize under a search warrant as a reference to a thing that an investigator is about to examine or seize under the authority of section 22.1, 22.2 or 22.3 of this Act. 2019, c. 14, Sched. 10, s. 17 (6). Exception (3) Despite subsection (2), a justice of the peace shall order that a thing seized under the authority of section 22.1, 22.2 or 22.3 is not to be returned if the justice of the peace is satisfied on reasonable grounds that the thing was sold or offered for sale in contravention of this Act or the regulations. 2019, c. 14, Sched. 10, s. 17 (6). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 10, s. 17 (6) - 10/12/2019 Additional Powers and Duties of Directors
23 (1) A director may issue a written confirmation with respect to, (a)  any authorization or non-authorization; (b)  the revocation or suspension of an authorization; (c)  the restrictions or conditions to which an authorization is subject; (d)  the filing or non-filing of any document or material required or permitted to be filed with the director; or (e)  any other matter that may be prescribed or set out in a Minister’s order or an alternate rule.  2000, c. 16, s. 23 (1); 2019, c. 4, Sched. 7, s. 21. Effect of confirmation (2) A confirmation is proof, in the absence of evidence to the contrary, of the facts stated in it, without any proof of appointment or signature.  2000, c. 16, s. 23 (2). Section Amendments with date in force (d/m/y) 2019, c. 4, Sched. 7, s. 21 - 03/04/2019
24 (1) An inspector shall not disclose to any person any information, record, report or statement obtained under the powers conferred under this Act and the regulations except, (a)  for the purposes of carrying out his or her duties under this Act and the regulations; or (b)  as authorized under the Regulatory Modernization Act, 2007.  2007, c. 4, s. 42. Compellability in civil proceeding (2) An inspector is a compellable witness in a civil proceeding respecting any information, record, report or statement obtained under the powers conferred under this Act or the regulations.  2000, c. 16, s. 24 (2). Refusal or conditional permission (3) Despite subsection (2) but subject to subsection (4), a director may, (a)  on reasonable grounds, refuse to permit an inspector to attend as a witness; or (b)  require that an inspector’s attendance as a witness be subject to such conditions as are reasonable and necessary for the proper administration of this Act and the regulations, including requiring the payment of a fee for the inspector’s attendance as set out in the schedule of fees published by the Corporation.  2000, c. 16, s. 24 (3); 2009, c. 28, s. 9 (1). Limitation (4) Subsection (3) does not apply if, (a)  the court orders that the inspector attend as a witness; (b)  the proceeding is a proceeding under the Provincial Offences Act; or (c)  the Corporation is a party to the proceeding.  2000, c. 16, s. 24 (4); 2009, c. 28, s. 9 (2). Written decision (5) A director shall provide in writing a decision to refuse to permit an inspector to attend as a witness or to permit an inspector to attend as a witness subject to conditions.  2000, c. 16, s. 24 (5). Exception (6) The director may disclose or publish information, records, reports or statements obtained under the powers conferred under this Act and the regulations unless he or she obtained them while acting as an inspector.  2000, c. 16, s. 24 (6). Section Amendments with date in force (d/m/y) 2007, c. 4, s. 42
- 17/01/2008 2009, c. 28, s. 9 (1, 2)
- 01/05/2010
25 A director shall order such investigation as he or she considers necessary on being notified of an accident or incident.  2000, c. 16, s. 25.
26 If a director receives a complaint alleging non-compliance with an authorization, the authorization holder shall, on request, provide the director with such information respecting the matter complained of as the director requires.  2000, c. 16, s. 26.
27 A director may, (a)  establish the limits of operation and use of things that are found to be defective or do not conform with its authorization after fabrication or installation; (b)  permit the operation and use of such thing within such limits as are prescribed, or if there are no such limits, as the director considers safe.  2000, c. 16, s. 27.
28 A director may issue a proof of inspection with respect to things that have been inspected and found capable of being used or operated safely and may cancel such a proof.  2000, c. 16, s. 28.
29 (1) A director shall determine the operation and use of things that have been sealed by an inspector.  2000, c. 16, s. 29 (1). Same (2) A director shall determine the use and removal of seals.  2000, c. 16, s. 29 (2).
30 (1) A director may establish the information, records, documents, plans, log books, drawings, instructions, specifications or any other thing to be kept or provided with respect to any matter.  2000, c. 16, s. 30 (1). Reports (2) A director may provide for reports, including what information is to be reported, by whom and to whom, and the time, manner and frequency of reporting.  2000, c. 16, s. 30 (2).
31 In cases where there is or may be a demonstrable threat to public safety, a director may make an order with respect to the following matters if they have not otherwise been provided for in this Act, the regulations, a Minister’s order or an alternate rule: 1.  Requiring and establishing the form and location of notices, markings or other forms of identification to be used in conjunction with equipment or other things that are prescribed. 2.  Regulating, governing and providing for the authorization of the design, fabrication, processing, handling, installation, operation, access, use, repair, maintenance, inspection, location, construction, removing, alteration, service, testing, filling, replacement, blocking, dismantling, destruction, removal from service and transportation of any thing, whether new or used, or a part of a thing and any equipment or attachment used in connection with it.  2000, c. 16, s. 31; 2019, c. 4, Sched. 7, s. 22. Section Amendments with date in force (d/m/y) 2019, c. 4, Sched. 7, s. 22 - 03/04/2019
32 (1) If the regulations do not provide for these matters, a director may establish the qualifications, training and experience that are required for persons to whom this Act, the regulations, a Minister’s order or an alternate rule apply, and establish their duties and responsibilities.  2000, c. 16, s. 32 (1); 2019, c. 4, Sched. 7, s. 22. Equivalency (2) A director may recognize training and experience of an applicant for an authorization if the director is of the opinion that such training or experience is equivalent to the requirements of this Act or the regulations.  2000, c. 16, s. 32 (2). Re-examination (3) A director may establish conditions for the re-examination of applicants who have taken examinations that may be prescribed.  2000, c. 16, s. 32 (3). Appeal (4) A person required by the director to be re-examined under this section may appeal to the Divisional Court under section 11.  2000, c. 16, s. 32 (4); 2009, c. 28, s. 10. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 10
- 01/05/2010 2019, c. 4, Sched. 7, s. 22 - 03/04/2019 Administrative Penalties
32.2 (1) In this section, “appeal body” means the person prescribed by the Minister or, if no person is prescribed by the Minister, the Tribunal; (“organisme d’appel”) “Tribunal” means the Licence Appeal Tribunal. (“Tribunal”) 2018, c. 7, s. 20. Same (2) The person against whom an order made under subsection 32.1 (1) imposes an administrative penalty may appeal the order to the appeal body by delivering a written notice of appeal to the appeal body within 15 days after receiving the order. 2018, c. 7, s. 20. If no appeal (3) If the appellant does not appeal the order in accordance with subsection (2), the order is confirmed. 2018, c. 7, s. 20. Hearing (4) If the appellant appeals the order in accordance with subsection (2), the appeal body shall hold a hearing and may, by order, confirm, revoke or vary the assessor’s order, and the appeal body may attach conditions to its order. 2018, c. 7, s. 20. Parties (5) The assessor, the appellant and the other persons that the appeal body specifies are parties to the appeal. 2018, c. 7, s. 20. Non-application of other Act (6) If the appeal body is not the Tribunal, the Statutory Powers Procedure Act does not apply to an order of an assessor appealed under subsection (2). 2018, c. 7, s. 20. Immediate effect (7) Even if the appellant appeals an order of the appeal body, the order takes effect immediately, unless the order provides otherwise, but the Divisional Court may grant a stay until the disposition of the appeal. 2018, c. 7, s. 20. Section Amendments with date in force (d/m/y) 2018, c. 7, s. 20
- 01/07/2022
32.3 If a person against whom an order imposing an administrative penalty is made pays the penalty in accordance with the terms of the order or, if the order is varied on appeal, in accordance with the terms of the varied order, the person cannot be charged with an offence under this Act in respect of the same contravention on which the order is based and no other prescribed measure shall be taken against the person in respect of the same contravention on which the order is based. 2018, c. 7, s. 20. Section Amendments with date in force (d/m/y) 2018, c. 7, s. 20
- 01/07/2022
32.4 (1) If a person against whom an order imposing an administrative penalty is made fails to pay the penalty in accordance with the terms of the order or, if the order is varied on appeal, in accordance with the terms of the varied order, the order may be filed with the Superior Court of Justice and enforced as if it were an order of the court. 2018, c. 7, s. 20. Date of order (2) For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court shall be deemed to be the date of the order. 2018, c. 7, s. 20. Section Amendments with date in force (d/m/y) 2018, c. 7, s. 20
- 01/07/2022 Part V   GEneral Orders, Regulations and Alternate Rules
33 (1) The Minister may make orders, (a)  requiring the use of notices, markings and other forms of identification in conjunction with equipment or other things that are prescribed; (b)  respecting and governing the granting, term, renewal, posting, transfer and reinstatement of authorizations; (c)  governing actions that may be taken or not taken in connection with an accident in order to preserve evidence; (d)  governing service of any notice or order required to be given or served under this Act or the regulations; (e)  establishing the qualifications for inspectors upon consideration of any advice that may be obtained from directors; (f)  providing for the assigning of identifying symbols to welding operators and requiring and providing for the imprinting of the symbol by the welding operator on welds made by him or her; (g)  establishing the circumstances under which an inspection may be carried out by an insurer who meets the prescribed requirements; (h)  establishing and governing reports to be made by insurers; (i)  requiring distributors to file proposed safety procedures, directors to establish safety procedures and distributors to comply with those procedures; (j)  establishing grades of gasoline and associated products, and providing for their identification; (k)  establishing methods of determining the capacity, content and rating of equipment and other things; (l)  Repealed: 2019, c. 4, Sched. 7, s. 24 (2). 2000, c. 16, s. 33 (1); 2019, c. 4, Sched. 7, s. 24 (2). Not regulations (1.1) Part III of the Legislation Act, 2006 does not apply to a Minister’s order made under subsection (1). 2019, c. 4, Sched. 7, s. 24 (3). General or particular (2) A Minister’s order under subsection (1) may be general or particular in its application.  2000, c. 16, s. 33 (2). Concurrent authority (3) The Lieutenant Governor in Council may make a regulation in respect of any matter in respect of which the Minister has authority to make an order under this section and may amend or revoke any order made by the Minister under this section or any regulation made by the Minister under section 35.1 or 36.  2000, c. 16, s. 33 (3); 2009, c. 28, s. 11 (1). Same (4) Where the Minister has authority to make an order under section 33 or a regulation under section 35.1 or 36, he or she may amend or revoke a provision of a regulation if the provision was made or amended by the Lieutenant Governor in Council under subsection (3).  2000, c. 16, s. 33 (4); 2009, c. 28, s. 11 (2). Section Amendments with date in force (d/m/y) 2009, c. 28, s. 11 (1, 2) - 01/05/2010 2019, c. 4, Sched. 7, s. 24 (2) - 01/07/2019; 2019, c. 4, Sched. 7, s. 24 (3) - 03/04/2019
35 Any word or expression used in this Act may be defined in the regulations, a Minister’s order or an alternate rule for the purposes of the regulations, the order or the rule, as the case may be. 2019, c. 4, Sched. 7, s. 26. Section Amendments with date in force (d/m/y) 2019, c. 4, Sched. 7, s. 26 - 03/04/2019
35.1 The Minister may make regulations, (a)  specifying any provision of this Act, any regulation or any provision of a regulation for the purposes of clause 3.12 (1) (a) or (b); (b)  requiring every person who is subject to this Act or the regulations to obtain and maintain liability insurance, in at least the prescribed amount and in accordance with the prescribed conditions, including deductibles; (c)  prescribing any matter or thing described in clause (b) as prescribed; (d)  governing administrative penalties that an assessor may order and all matters necessary and incidental to the administration of a system of administrative penalties, including, (i)  specifying the amount of an administrative penalty or providing for the determination of the amount of an administrative penalty by specifying the method of calculating the amount and the criteria to be considered in determining the amount, (ii)  providing for different amounts to be paid, or different calculations or criteria to be used, depending on the circumstances that gave rise to the administrative penalty or the time at which the penalty is paid, (iii)  specifying information that must be included in an order for payment of an administrative penalty, (iv)  governing the procedure for making an order under section 32.1 for an administrative penalty and the rights of the parties affected by the procedure, including the time at which the order is deemed to be served on the person against whom the order is made, and (v)  governing the appeal of an order for payment of an administrative penalty; (e)  specifying the purposes for which the Corporation may use the funds that it collects as administrative penalties; (f)  respecting any matter with respect to which the power to make regulations is delegated by the Lieutenant Governor in Council to the Minister under clause 34 (1) (r). 2018, c. 7, s. 23. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 13
- 01/05/2010 2017, c. 2, Sched. 12, s. 8 (4) - 22/03/2017 2018, c. 7, s. 23 (1)
- 07/05/2018; 2018, c. 7, s. 23 (2)
- 01/07/2022 Codes, etc., variances and exemptions
36 (1) The Minister may make regulations,  (a)  adopting by reference, in whole or in part and with such changes as he or she considers necessary, any code, standard, guideline or procedure governing the matters set out in section 2 and require compliance with the thing as adopted; (b)  amending or repealing codes and standards adopted by reference by a regulation of the Lieutenant Governor in Council before or after this section came into force.  2000, c. 16, s. 36 (1); 2006, c. 34, s. 25 (12). Rolling incorporation (2) If a regulation under subsection (1) so provides, a code, standard, guideline or procedure adopted by reference shall be a reference to it, as amended from time to time, whether before or after the regulation is made.  2000, c. 16, s. 36 (2); 2009, c. 33, Sched. 10, s. 14. Temporary codes, etc., testing organizations, variances (3) A director may, in writing, (a)  authorize, subject to such conditions as may be specified and for a limited time, the use of codes, standards, guidelines or procedures or changes to codes, standards, guidelines and procedures necessary to accommodate new developments or technological advances and require compliance with them and permit, subject to such conditions as may be specified, variances from them; (b)  designate organizations to test any thing for which standards or specifications are established under this Act and provide for and require the placing of the organization’s label on the thing or any parts of the thing that conform to the standards and specifications; (c)  subject to such conditions as he or she may specify, allow a variance from any regulation, Minister’s order or alternate rule if, in his or her opinion, the variance would not detrimentally affect the safe use of the thing to which the regulation, Minister’s order or alternate rule applies or the health or safety of any person. 2000, c. 16, s. 36 (3); 2019, c. 4, Sched. 7, s. 27 (1). Legislation Act, 2006, Part III (4) Part III (Regulations) of the Legislation Act, 2006 does not apply to subsection (3).  2000, c. 16, s. 36 (4); 2006, c. 21, Sched. F, s. 136 (1). Exemptions (5) The Minister may, in writing and subject to such conditions as may be specified, exempt any thing or part of any thing or any class of thing or any class of person from any provision of this Act, the regulations, a Minister’s order or an alternate rule.  2000, c. 16, s. 36 (5); 2019, c. 4, Sched. 7, s. 27 (2). Disclosure (6) Permissions, authorizations, variances, exemptions, requirements, designations and matters provided for under subsection (3) are public information and shall be disclosed by a director to the public on request.  2000, c. 16, s. 36 (6). Transitional (7) Codes and standards adopted by reference under a predecessor Act to which this section applies are continued in force until repealed and may be amended or varied as provided in this section.  2000, c. 16, s. 36 (7). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007; 2006, c. 34, s. 25 (12)
- 01/08/2007 2009, c. 33, Sched. 10, s. 14 - 15/12/2009 2019, c. 4, Sched. 7, s. 27 (1, 2) - 03/04/2019
36.1 (1) A director may make a proposal in writing to the Minister that a matter to which the regulations apply should be governed by the alternate rules that the director sets out in the proposal. 2019, c. 4, Sched. 7, s. 28. Contents (2) The proposal must demonstrate how the alternate rules set out in it achieve the purposes of this Act. 2019, c. 4, Sched. 7, s. 28. Minister’s approval (3) The Minister may, by order, approve the proposal if the Minister considers it in the public interest to do so. 2019, c. 4, Sched. 7, s. 28. Non-application of other Act (4) The Statutory Powers Procedure Act does not apply to an order of the Minister made under subsection (3). 2019, c. 4, Sched. 7, s. 28. Not regulations (5) Part III of the Legislation Act, 2006 does not apply to alternate rules or a Minister’s order made under subsection (3). 2019, c. 4, Sched. 7, s. 28. Non-application of regulations and Minister’s orders (6) Where the Minister approves a proposal for alternate rules under subsection (3), the regulations and Minister’s orders do not apply to the extent provided in the alternate rules. 2019, c. 4, Sched. 7, s. 28. Publication (7) Upon approving a proposal for alternate rules under subsection (3), the Minister shall give notice of the approval to the Corporation and the Corporation shall post a copy of the rules on its website. 2019, c. 4, Sched. 7, s. 28. Section Amendments with date in force (d/m/y) 2019, c. 4, Sched. 7, s. 28 - 03/04/2019
36.2 The Minister shall publish any orders, alternate rules and exemptions the Minister makes under this Act on a website of the Government of Ontario. 2020, c. 14, Sched. 9, s. 20. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 9, s. 20 - 01/07/2021 Miscellaneous
37 (1) A person is guilty of an offence if the person, (a)  contravenes or fails to comply with any provision of this Act, the regulations, a Minister’s order or an alternate rule; (b)  knowingly makes a false statement or furnishes false information under this Act, the regulations, a Minister’s order or an alternate rule; (c)  contravenes or fails to comply with a term or condition of an authorization; or (d)  contravenes or fails to comply with an order or requirement of a director, an inspector or an assessor or obstructs an inspector. 2018, c. 7, s. 24; 2019, c. 4, Sched. 7, s. 29 (4, 5). Penalty (1.1) A person convicted of an offence under subsection (1) is liable to, (a)  a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both, if the person is an individual; or (b)  a fine of not more than $1,000,000, if the person is a body corporate. 2018, c. 7, s. 24. Duty of director or officer (2) Every director or officer of a body corporate has a duty to take all reasonable care to prevent the body corporate from committing an offence under subsection (1).  2000, c. 16, s. 37 (2); 2009, c. 28, s. 14 (2). Offence (3) Every director or officer of the body corporate who has a duty under subsection (2) and who fails to carry out that duty is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both.  2000, c. 16, s. 37 (3). Separate offence (4) Where a person contravenes any of the provisions of this Act, the regulations, a Minister’s order, an alternate rule or any notice or order made under them on more than one day, the continuance of the contravention on each day shall be deemed to constitute a separate offence.  2000, c. 16, s. 37 (4); 2019, c. 4, Sched. 7, s. 29 (6). (5) Repealed:  2009, c. 28, s. 14 (3). Time limit (6) No proceeding in respect of an alleged offence under this Act may be commenced after two years following the date on which the facts that gave rise to the alleged offence were discovered.  2000, c. 16, s. 37 (6). Non application (7) This section does not apply to the Corporation and its directors, officers, employees and agents.  2009, c. 28, s. 14 (4). Section Amendments with date in force (d/m/y) 2009, c. 28, s. 14 (1-4)
- 01/05/2010 2018, c. 7, s. 24
- 01/07/2022 2019, c. 4, Sched. 7, s. 29 (1-3, 6) - 03/04/2019; 2019, c. 4, Sched. 7, s. 29 (4, 5) - 01/07/2022
38 This Act binds the Crown.  2000, c. 16, s. 38.
39 This Act, the regulations, a Minister’s order and an alternate rule prevail over any municipal by-law.  2000, c. 16, s. 39; 2019, c. 4, Sched. 7, s. 30. Section Amendments with date in force (d/m/y) 2019, c. 4, Sched. 7, s. 30 - 03/04/2019
40 (1) Despite anything in this or any other Act, or in any contract for the supply of natural gas made between a distributor and a consumer, the Minister may, if the supply of natural gas to the distributor is interrupted or curtailed, order the distributor to halt or reduce the supply of natural gas to a consumer or a class of consumers if he or she considers it advisable in the circumstances.  2000, c. 16, s. 40 (1). Compliance (2) Every person to whom an order referred to in this section is directed shall comply with it in accordance with its terms.  2000, c. 16, s. 40 (2). Definitions (3) In this section, “distributor” means a person who supplies a hydrocarbon to an end user, and “distribute” and “distribution” have corresponding meanings; (“distributeur”, “distribuer”, “distribution”) “hydrocarbon” means a chemical compound of hydrogen and carbon used as a fuel, either liquid or gaseous. (“hydrocarbure”)  2000, c. 16, s. 40 (3).
41 Every contractor and employer shall take all reasonable precautions to ensure that they and their agents and employees comply with this Act, the regulations, a Minister’s order or an alternate rule.  2000, c. 16, s. 41; 2019, c. 4, Sched. 7, s. 31. Section Amendments with date in force (d/m/y) 2019, c. 4, Sched. 7, s. 31 - 03/04/2019 Environmental Bill of Rights, 1993 42 The Environmental Bill of Rights, 1993 applies to this Act with respect to matters to which the predecessor Gasoline Handling Act would have applied had it not been repealed by this Act.  2000, c. 16, s. 42. 43, 44 Repealed:  2009, c. 28, s. 15. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 15
- 01/05/2010 45, 46 Omitted (amends or repeals other Acts).  2000, c. 16, ss. 45, 46. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. D, s. 13 - 29/06/2001 47 Omitted (provides for coming into force of provisions of this Act).  2000, c. 16, s. 47. 48 Omitted (enacts short title of this Act).  2000, c. 16, s. 48. ______________  Français
42 The Environmental Bill of Rights, 1993 applies to this Act with respect to matters to which the predecessor Gasoline Handling Act would have applied had it not been repealed by this Act.  2000, c. 16, s. 42. 43, 44 Repealed:  2009, c. 28, s. 15. Section Amendments with date in force (d/m/y) 2009, c. 28, s. 15
- 01/05/2010 45, 46 Omitted (amends or repeals other Acts).  2000, c. 16, ss. 45, 46. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. D, s. 13 - 29/06/2001 47 Omitted (provides for coming into force of provisions of this Act).  2000, c. 16, s. 47. 48 Omitted (enacts short title of this Act).  2000, c. 16, s. 48. ______________  Français