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Alcohol and Gaming Commission of Ontario Act, 2019, S.O. 2019, c. 15, Sched. 1

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current December 10, 2019 (e-Laws currency date)

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Alcohol and Gaming Commission of Ontario Act, 2019

S.o. 2019, chapter 15
Schedule 1

Consolidation Period:  From December 10, 2019 to the e-Laws currency date.

Note: THIS ACT IS NOT YET IN FORCE. It comes into force on a day to be named by proclamation of the Lieutenant Governor.

Last amendment: 2019, c. 15, Sched. 1, s. 17.

Legislative History: 2019, c. 15, Sched. 1, s. 17.

CONTENTS

Interpretation

1.

Definitions

Alcohol and Gaming Commission of Ontario

2.

Commission continued

3.

Objects

4.

General powers

Board of Directors

5.

Board of directors

6.

Powers and duties of the board

Registrar, Employees, etc.

7.

Registrar

8.

Registrar’s certificate

9.

Employees

10.

Immunity of employees and others

Financial Matters and Monetary Penalties

11.

Funding

12.

Certain financial powers and duties

13.

Fees and charges

14.

Monetary penalties

15.

Annual report

Regulations

16.

Regulations

 

Interpretation

Definitions

1 (1) In this Act,

“Commission” means the Alcohol and Gaming Commission of Ontario continued under subsection 2 (1); (“Commission”)

“Minister” means the minister responsible for the administration of this Act; (“ministre”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“Registrar” means the Registrar appointed by the board of directors of the Commission; (“registrateur”)

“regulations” means the regulations made under this Act. (“règlements”)

Alcohol, cannabis, gaming and horse racing statutes

(2) For the purposes of this Act, the following are the alcohol, cannabis, gaming and horse racing statutes:

1. The Liquor Licence and Control Act, 2019.

2. The Cannabis Licence Act, 2018.

3. The Gaming Control Act, 1992.

4. The Horse Racing Licence Act, 2015.

Alcohol and Gaming Commission of Ontario

Commission continued

2 (1) The Alcohol and Gaming Commission of Ontario is continued as a corporation without share capital.

Board of directors

(2) The Commission shall have a board of directors consisting of the members appointed in accordance with subsection 5 (1).

Non-application of Corporations Information Act

(3) The Corporations Information Act does not apply to the Commission.

Non-application of Corporations Act

(4) Subject to subsection (5), the Corporations Act does not apply to the Commission.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 2 (4) of the Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”. (See: 2019, c. 15, Sched. 1, s. 17)

Regulations

(5) The regulations may specify provisions of the Corporations Act that apply to the Commission, with or without any prescribed modifications.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 2 (5) of the Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”. (See: 2019, c. 15, Sched. 1, s. 17)

Section Amendments with date in force (d/m/y)

2019, c. 15, Sched. 1, s. 17 - not in force

Objects

3 (1) The Commission has the following objects:

1. To exercise the powers and perform the duties assigned under this or any other Act to the Commission.

2. To administer the alcohol, cannabis, gaming and horse racing statutes and the regulations made under them.

3. To engage in such other activities as may be prescribed.

Duty to act in the public interest

(2) The Commission shall exercise its powers and perform its duties in the public interest and in accordance with the principles of honesty and integrity, and social responsibility.

General powers

4 (1) Except as limited by this Act, the Commission has the capacity, rights and powers of a natural person for carrying out its objects.

Cabinet approval

(2) The Commission shall not exercise the following powers without the approval of the Lieutenant Governor in Council:

1. Acquiring, disposing of, leasing, mortgaging, charging or otherwise transferring or encumbering any interest in real property, except for leasing space that is reasonably necessary for the purposes of the Commission.

2. Borrowing or lending money.

3. Pledging, charging or encumbering any of its personal property.

4. Creating a subsidiary.

Board of Directors

Board of directors

5 (1) The board of directors of the Commission consists of not more than 11 members appointed by the Lieutenant Governor in Council.

Remuneration

(2) The members are entitled to be paid remuneration and reimbursement for reasonable expenses as determined by the Lieutenant Governor in Council.

Chair and vice-chairs

(3) The Lieutenant Governor in Council shall designate one of the members as the chair and may designate one or more members as vice-chairs.

Acting chair

(4) If the chair is absent or unable to act, or if the office of the chair is vacant, a vice-chair shall act as the chair.

Same

(5) If the chair and vice-chairs are absent, the members present shall appoint an acting chair from among themselves.

Quorum

(6) A majority of the members constitutes a quorum of the board.

Powers and duties of the board

6 (1) The board of directors of the Commission shall manage and supervise the activities and affairs of the Commission.

By-laws

(2) The board may make by-laws regulating its proceedings and generally for the conduct and management of the affairs of the Commission.

Guidelines

(3) The board may establish guidelines governing the exercise of any of the powers and the performance of any duties under this Act or the administration of this Act and any of the alcohol, cannabis, gaming and horse racing statutes.

Delegation

(4) The board may delegate in writing any of its powers and duties to one or more officers or employees of the Commission other than the power to,

(a) make, amend or repeal by-laws of the Commission;

(b) establish fees and charges under section 13; and

(c) establish a schedule of monetary penalties under section 14.

Conditions

(5) A delegation made under subsection (4) is subject to any conditions set out in the delegation.

Duty to inform Minister

(6) The board shall,

(a) inform the Minister of any matters that are of an urgent, critical or relevant nature and that are likely to require action by the Commission or the Minister to ensure that the Commission is able to properly carry out its objects and advise the Minister with respect to such matters; and

(b) advise or report to the Minister on any matter that the Minister may refer to the Commission relating to this Act or to the administration of any of the alcohol, cannabis, gaming and horse racing statutes.

Information

(7) The board may require that any information related to the administration of this Act or of any of the alcohol, cannabis, gaming and horse racing statutes be provided in a manner approved by the board.

Registrar, Employees, etc.

Registrar

7 (1) The board of directors of the Commission shall appoint a Registrar for the purposes of this Act, the alcohol, cannabis, gaming and horse racing statutes and any regulations made under them.

Deputy Registrars

(2) The Registrar may appoint one or more Deputy Registrars and may delegate his or her powers or duties to them, subject to any conditions set out in the delegation.

Transition

(3) The person who is the Registrar for the purposes of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 immediately before this section comes into force is deemed to have been appointed by the board as the Registrar under subsection (1).

Registrar’s certificate

8 (1) The Registrar may issue a certificate that contains information concerning any of the following matters with respect to this Act or any of the alcohol, cannabis, gaming and horse racing statutes:

1. The issuance or non-issuance of a licence, permit, authorization or endorsement.

2. The registration or non-registration of any person.

3. The filing or non-filing of any document or material required to be filed with the Commission.

4. The time when the facts upon which a proceeding is based first came to the knowledge of the Registrar.

5. Any other matter pertaining to any licence, permit, authorization, registration or endorsement under the alcohol, cannabis, gaming and horse racing statutes or to the filing or non-filing of any document under those Acts.

Admissibility of certificate

(2) The certificate is, without proof of the office or signature of the Registrar, receivable in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the certificate.

Employees

9 (1) The Commission may appoint such employees as is it determines are necessary for the proper conduct of its affairs.

Same

(2) Subject to the approval of the Lieutenant Governor in Council, the board of directors of the Commission shall establish job categories, salary ranges and terms and conditions of employment for its employees.

Immunity of employees and others

10 (1) No cause of action arises against,

(a) a director, officer or employee of the Commission as a result of any act done in good faith in the performance or intended performance of their duties under this Act or any of the alcohol, cannabis, gaming and horse racing statutes or any alleged neglect or default in the performance in good faith of those duties; or

(b) the Crown, a minister of the Crown, or an employee of the Crown as a result of any act or omission of a person who is not a minister of the Crown or a Crown employee, if the act or omission is related, directly or indirectly, to the Commission’s affairs or to the administration of this Act or any of the alcohol, cannabis, gaming and horse racing statutes.

No proceeding

(2) No proceeding shall be instituted against,

(a) a director, officer or employee of the Commission by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in clause (1) (a); or

(b) the Crown, a minister of the Crown or an employee of the Crown by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in clause (1) (b).

Same

(3) Subsections (1) and (2) do not relieve the Commission of any liability to which it would otherwise be subject.

Financial Matters and Monetary Penalties

Funding

11 Money required for the purpose of this Act shall be paid out of the money appropriated for that purpose by the Legislature.

Certain financial powers and duties

12 (1) Subject to the approval of Treasury Board, the Commission may direct the Ontario Lottery and Gaming Corporation to pay to the Commission such money as it directs, and that money may be used for the purposes of the Commission.

Monetary penalties received

(2) If the Commission receives money from monetary penalties imposed with respect to contraventions of any of the alcohol, cannabis, gaming and horse racing statutes, the money may only be used for the following purposes:

1. Public awareness, education and training programs for the general public in relation to alcohol, cannabis, gaming and horse racing.

2. Education and training programs for licence holders, permit holders, authorization holders, registrants and other persons governed by the alcohol, cannabis, gaming and horse racing statutes.

Fees and charges

13 (1) The board of directors of the Commission may,

(a) establish fees or other charges, subject to the approval of the Minister;

(b) provide for the waiver of fees and charges; and

(c) provide for refunds for the purposes of this Act and the administration of any of the alcohol, cannabis, gaming and horse racing statutes or any regulations made under them.

Not regulations

(2) Part III (Regulations) of the Legislation Act, 2006 does not apply to any document created under subsection (1) governing fees or charges.

Publication

(3) The Registrar shall publish any document establishing fees or charges on the Commission’s website or by any other method that may be prescribed.

Monetary penalties

Definition

14 (1) In this section,

“Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999.

Schedule of monetary penalties

(2) Subject to the approval of the Minister, the board of directors of the Commission may establish a schedule of monetary penalties that may be imposed with respect to contraventions of any of the alcohol, cannabis, gaming and horse racing statutes or any regulations made under them.

Not regulations

(3) Part III (Regulations) of the Legislation Act, 2006 does not apply to the schedule of monetary penalties.

Publication

(4) The Registrar shall publish the schedule of monetary penalties on the Commission’s website or by any other method that may be prescribed.

Registrar’s power to impose penalties

(5) The Registrar may impose monetary penalties set out in the schedule of monetary penalties by serving notice of the monetary penalty.

Guidelines to be considered

(6) In determining whether to impose a monetary penalty, the Registrar shall have regard to any guidelines governing the imposition of such penalties established by the board under subsection 6 (3).

Appeal

(7) Subject to subsection (8), a person on whom a monetary penalty is imposed may appeal to the Tribunal by serving a written request on the Tribunal and the Registrar within 15 days after the Registrar serves notice of the monetary penalty.

No appeal re rules of racing

(8) The Registrar’s decision to impose a monetary penalty for contravening the rules of racing made under the Horse Racing Licence Act, 2015 may not be appealed to the Tribunal.

Procedure on appeal

(9) A hearing before the Tribunal shall be held in accordance with the Licence Appeal Tribunal Act, 1999.

Powers of Tribunal on hearing

(10) Upon holding a hearing, the Tribunal may confirm the monetary penalty or set it aside.

Decision final

(11) A decision of the Tribunal under subsection (10) is final.

Annual report

15 (1) The Commission shall prepare an annual report, provide it to the Minister and make it available to the public.

Same

(2) The Commission shall comply with such directives as may be issued by the Management Board of Cabinet with respect to,

(a) the form and content of the annual report;

(b) when to provide it to the Minister; and

(c) when and how to make it available to the public.

Same

(3) The Commission shall include such additional content in the annual report as the Minister may require.

Tabling of annual report

(4) The Minister shall table the Commission’s annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it.

Regulations

Regulations

16 The Lieutenant Governor in Council may make regulations,

(a) respecting anything that this Act refers to as provided for in the regulations;

(b) respecting any matter necessary to facilitate the implementation of this Act.

17 Omitted (provides for amendments to this Act).

18-24 Omitted (amends, repeals or revokes other legislation).

25 Omitted (provides for coming into force of provisions of this Act).

26 Omitted (enacts short title of this Act).

______________

 

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