jswizzle3737/ontario_laws_and_regs huggingface dataset:
57 (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.
58 (1) A person to whom an order issued under subsection 56 (2) is directed may require a hearing by the Tribunal by serving written notice, within 15 days after the person is served with the order, on the Registrar or Deputy Registrar who made the order and on the Tribunal. Failure or refusal to issue, etc., order (2) Failure or refusal to issue, amend, vary or revoke an order is not itself an order.
59 The Tribunal shall extend the time in which a person may give a notice under section 58 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 67 (4), to bring the order to the person’s attention.
60 (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.
61 (1) The commencement of a proceeding before the Tribunal stays the operation of an order under section 56. 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.
62 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.
63 A hearing by the Tribunal shall be a new hearing and the Tribunal may, (a)  confirm or revoke the order that is the subject matter of the hearing; or (b)  vary the order, but it may only vary the amount of a penalty if it considers the amount to be unreasonable.
64 (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
66 (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)  an administrator appointed under section 43; or (c)  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 purposes 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)  an administrator appointed under section 43; or (c)  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 65 (5) to (11) apply with necessary modifications. Miscellaneous
67 (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
68 (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.
69 (1) Subject to the regulations, a program developed under section 23 of the old Act, or any changes to it made under this Act, shall not provide for the diversion of blue box waste that is packaging associated with products listed for sale by Brewers Retail Inc. Brewers and importers of beer (2) A program developed under section 23 of the old Act, or any changes to it made under this Act, shall not require the participation of or contribution by Brewers Retail Inc. or a brewer or importer of beer in respect of blue box waste that is packaging associated with products listed for sale by Brewers Retail Inc. Annual report (3) Brewers Retail Inc. shall, not later than April 1 in each year, (a)  prepare a report on the operation of its packaging return system during the 12-month period ending on the preceding December 31, including, (i)  a detailed description of the system, including information on how the system is operated, the objectives of the system and the methods used to measure whether the objectives are met, (ii)  specific measurements relating to the system’s performance in meeting its objectives during the period, (iii)  the opinion of an auditor confirming the accuracy of the information referred to in subclauses (i) and (ii), and (iv)  information on educational and public awareness activities undertaken during the period to support the system; and (b)  provide a copy of the report to the Authority and make the report available to the public. Signature (4) The report prepared under subsection (3) shall be signed by the chair of the board of directors of Brewers Retail Inc. Fees (5) The Authority may establish and charge fees for administrative costs associated with reports provided under subsection (3). Same (6) A fee established under subsection (5) must reasonably reflect the costs incurred by the Authority in performing the function for which the fee is established.
70 (1) In this section, “law enforcement proceeding” means a proceeding in a court or tribunal that could result in a penalty or sanction being imposed; (“procédure d’exécution de la loi”) “peace officer” means a person or a member of a class of persons set out in the definition of “peace officer” in section 2 of the Criminal Code (Canada). (“agent de la paix”) Secrecy and permissible disclosure (2) The persons and entities mentioned in subsection (3) shall preserve secrecy with respect to any information obtained in performing a duty or exercising a power under this Act and shall not communicate the information to any person or entity except, (a)  as may be required in connection with a proceeding under this Act or in connection with the administration of this Act and the regulations; (b)  to the Minister, the Ministry or an employee or agent of the Ministry; (c)  to a peace officer, as required under a warrant, to aid an inspection, investigation or similar proceeding undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result; (d)  with the consent of the person to whom the information relates; (e)  to the counsel of the person to whom the information relates; (f)  to the extent that the information is required or permitted to be made available to the public under this Act or any other Act; or (g)  under further circumstances that are prescribed. Same (3) The persons and entities referred to in subsection (2) are, (a)  the Authority, the members of its board of directors and its officers, employees and agents, including the Registrar, a Deputy Registrar and an inspector, and any other person who performs the duties and exercises the powers of those persons; (b)  an administrator appointed under section 43; and (c)  a provincial offences officer designated under the Provincial Offences Act for the purposes of section 65 or 66 of this Act. Testimony in civil proceeding (4) No person shall be compelled to give testimony in a civil proceeding with regard to information obtained in the course of exercising a power or performing a duty under this Act, other than, (a)  a proceeding under this Act; or (b)  an appeal or a judicial review relating to a proceeding described in clause (a).
71 If an administrator is appointed under section 54 of the Resource Recovery and Circular Economy Act, 2016, subsections 54 (11) to (13) of that Act apply with necessary modifications to the administrator’s execution or intended execution of a duty or power under this Act.
72 This Act binds the Crown. Regulations