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Ministry of Consumer and Business Services Act

R.S.O. 1990, CHAPTER M.21

Historical version for the period December 13, 2002 to July 29, 2005.

Amended by: 1994, c. 27, s. 90; 1996, c. 19, s. 22; 1999, c. 12, Sched. G, s. 27; 2000, c. 16, s. 45 (2); 2001, c. 9, Sched. D, s. 11; 2002, c. 30, Sched. E, s. 10.

Definitions

1. In this Act,

“Deputy Minister” means the Deputy Minister of Consumer and Business Services; (“sous-ministre”)

“Director” means the person designated by the Minister as the Director; (“directeur”)

“Minister” means the Minister of Consumer and Business Services; (“ministre”)

“Ministry” means the Ministry of Consumer and Business Services; (“ministère”)

“Registrar” means the Registrar under an Act administered by the Minister; (“registrateur”)

“Tribunal” means the Licence Appeal Tribunal. (“Tribunal”) R.S.O. 1990, c. M.21, s. 1; 1999, c. 12, Sched. G, s. 27 (1); 2001, c. 9, Sched. D, s. 11 (1).

Ministry continued

2. The ministry of the public service known in English as the Ministry of Consumer and Business Services and in French as ministère des Services aux consommateurs et aux entreprises is continued. R.S.O. 1990, c. M.21, s. 2; 2001, c. 9, Sched. D, s. 11 (1).

Minister to have charge

3. The Minister shall preside over and have charge of the Ministry. R.S.O. 1990, c. M.21, s. 3.

Minister’s Acts

4. The Minister is responsible for the administration of this Act and any Acts that are assigned to him or her by the Legislature or by the Lieutenant Governor in Council. R.S.O. 1990, c. M.21, s. 4.

Assignment of Minister’s Acts to other ministers

5. The Lieutenant Governor in Council may assign the administration of any Act that is being administered by the Minister to any other minister, in which case such other minister may exercise the powers and shall perform the duties of the minister named in the Act so assigned. R.S.O. 1990, c. M.21, s. 5.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2002, chapter 30, Schedule E, section 10 by adding the following section:

Investigations

5.1 (1) The Minister may by written order appoint a person to make an investigation into any matter that relates to an Act that has been assigned to him or her and is prescribed by regulation.

Powers, duties

(2) The person appointed shall report the result of the investigation to the Minister and, for the purposes of the investigation, that person has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to the investigation as if it were an inquiry under that Act.

Experts

(3) The Minister may appoint an expert,

(a) to examine valuables, documents, records or other things obtained under this section; or

(b) to provide assistance in producing a document or record in readable form from any data storage, processing or retrieval device or system.

Regulations

(4) The Lieutenant Governor in Council may make regulations prescribing Acts for the purpose of subsection (1).

See: 2002, c. 30, Sched. E, ss. 10, 22.

Delegation of Minister’s powers

6. (1) Where, under this or any other Act, a power or duty is granted to or vested in the Minister, he or she may delegate in writing that power or duty to the Deputy Minister or to any officer or officers of the Ministry, subject to such restrictions, conditions and requirements as the Minister may set out in his or her delegation. R.S.O. 1990, c. M.21, s. 6 (1).

Delegation of Deputy Minister’s powers

(2) Where, under this or any other Act, a power or duty is granted to or vested in the Deputy Minister, he or she may delegate, in writing and with the concurrence of the Minister, that power or duty to any officer or officers of the Ministry, subject to such restrictions, conditions and requirements as the Minister may set out in his or her concurrence. R.S.O. 1990, c. M.21, s. 6 (2).

7. Repealed: 1999, c. 12, Sched. G, s. 27 (2).

Note: Despite the repeal of section 7 by the Statutes of Ontario, 1999, chapter 12, Schedule G, subsection 27 (2), members of The Commercial Registration Appeal Tribunal immediately before April 1, 2000 shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of that Tribunal with respect to proceedings before The Commercial Registration Appeal Tribunal that were commenced before April 1, 2000. See: 1999, c. 12, Sched. G, s. 27 (3).

8. Repealed: 1999, c. 12, Sched. G, s. 27 (4).

Interim appointments

9. (1) If a vacancy occurs in the office of Director or Registrar or if the Director or a Registrar is unable to carry out the duties of office because of absence or illness, the Deputy Minister may appoint in writing an official of the Ministry to act as Director or Registrar, as the case may be, until the office is filled or the Director or Registrar, as the case may be, returns to duty. 2001, c. 9, Sched. D, s. 11 (2).

Period of appointment

(2) An appointment made under subsection (1) shall not be made for a period of longer than six months. 2001, c. 9, Sched. D, s. 11 (2).

10. Repealed: 1999, c. 12, Sched. G, s. 27 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2002, chapter 30, Schedule E, section 10 by adding the following section:

Proof of document

10. Any document made under this Act that purports to be signed by the Minister or Deputy Minister, or a certified copy of the document, is receivable in evidence in any action, prosecution or other proceeding as proof, in the absence of evidence to the contrary, that the document is signed by the Minister or Deputy Minister without proof of the office or signature of the Minister or Deputy Minister.

See: 2002, c. 30, Sched. E, ss. 10, 22.

11. Repealed: 1999, c. 12, Sched. G, s. 27 (4).

Officers and employees

12. Such officers, clerks and employees may be appointed or transferred under the Public Service Act as are considered necessary from time to time for the proper conduct of the business of the Ministry. R.S.O. 1990, c. M.21, s. 12.

Disclosure of information

13. (1) No provision in any Act shall be construed so as to prohibit an employee of the Ministry from disclosing any information that he or she acquires in the course of his or her employment,

(a) to another employee of the Ministry where the information disclosed relates to the administration of an Act for which the Minister is responsible;

(b) to a peace officer where the employee has reason to believe that a criminal offence may have been committed; or

(c) to an employee of the designated administrative authority within the meaning of the Safety and Consumer Statutes Administration Act, 1996 to which the administration of the Act is delegated. R.S.O. 1990, c. M.21, s. 13 (1); 1996, c. 19, s. 22 (1).

Interpretation

(2) In this section, an employee of the Ministry includes an employee of any agency, board or commission for which the Minister is responsible. R.S.O. 1990, c. M.21, s. 13 (2).

14. Repealed: 1999, c. 12, Sched. G, s. 27 (4).

Application

15. This section and sections 16 to 19 apply only in respect of the following Acts:

Amusement Devices Act

Boilers and Pressure Vessels Act

Elevating Devices Act

Energy Act

Gasoline Handling Act

Operating Engineers Act

Upholstered and Stuffed Articles Act

1994, c. 27, s. 90 (3).

16. Repealed: 2000, c. 16, s. 45 (2).

17. Repealed: 2000, c. 16, s. 45 (2).

18. Repealed: 2000, c. 16, s. 45 (2).

19. Repealed: 2000, c. 16, s. 45 (2).

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