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Paperback and Periodical Distributors Act

R.S.O. 1990, CHAPTER P.1

Consolidation Period: From April 1, 2007 to the e-Laws currency date.

Last amendment: 2006, c. 34, s. 18.

Legislative History: 1993, c. 27, Sched.; 1994, c. 27, s. 96; 1998, c. 18, Sched. E, s. 191, 192; 1999, c. 12, Sched. G, s. 31; 2001, c. 9, Sched. D, s. 13, 14; 2004, c. 19, s. 17; 2006, c. 34, s. 18.

CONTENTS

Interpretation and Administration

1.

Definitions

2.

Registrar

Registration

3.

Registration of distributor

4.

Entitlement to registration

5.

Notice of proposal to refuse or revoke

Duties, Inspections and Investigations

6.

Business area

7.

Residency requirements for unincorporated persons

8.

Residency requirements for corporations

9.

Inspection

9.1

Appointment of investigators

10.

Search warrant

10.1

Seizure of things not specified

10.2

Searches in exigent circumstances

General

11.

Confidentiality

12.

Service

13.

Restraining orders

14.

Offences

15.

Certificate as evidence

15.1

Power of Minister

16.

Regulations

Interpretation and Administration

Definitions

1 (1) In this Act,

“Director” means the Director under the Ministry of Consumer and Business Services Act; (“directeur”)

“distributor” means a person who engages in the business of selling or distributing paperbacks or periodicals, or both, other than by sale by retail to an ultimate consumer; (“distributeur”)

“equity share” means a share of a class of shares that carries a voting right either under all circumstances or under some circumstances that have occurred and are continuing; (“action participante”)

“investigator” means an investigator appointed under subsection 9.1 (1); (“enquêteur”)

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

“non-resident” means,

(a) an individual who is not a Canadian citizen or has not been lawfully admitted to Canada for permanent residence,

(b) an individual who is not ordinarily resident in Canada,

(c) a corporation incorporated, formed or otherwise organized elsewhere than in Canada,

(d) a corporation that is controlled directly or indirectly by non-residents as defined in clause (a), (b) or (c),

(e) a trust established by a non-resident as defined in clause (a), (b), (c) or (d), or a trust in which non-residents as so defined have more than 50 per cent of the beneficial interest, or

(f) a corporation that is controlled directly or indirectly by a trust mentioned in clause (e); (“non-résident”)

“paperback” means any printed matter other than a periodical that is published for general distribution to the public and that is not bound in a hard cover, and includes paperback books; (“livre broché”)

“periodical” means any printed matter that is published for general distribution to the public and that purports to be a copy of one publication in a series of publications at regular intervals, and that is not bound in a hard cover but does not include a periodic publication that is devoted primarily to conveying current news; (“périodique”)

“person” means an individual, a partnership or a corporation or an association, syndicate or other organization of individuals; (“personne”)

“Registrar” means the registrar of paperback and periodical distributors; (“registrateur”)

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

“resident” means a person, company or trust that is not a non-resident; (“résident”)

“Tribunal” means the Licence Appeal Tribunal. (“Tribunal”)  R.S.O. 1990, c. P.1, s. 1 (1); 1999, c. 12, Sched. G, s. 31 (1); 2001, c. 9, Sched. D, s. 13; 2006, c. 34, s. 18 (2, 3).

Control

(2) For the purposes of clause (d) of the definition of “non-resident” in subsection (1), a corporation shall be deemed to be controlled by another person or corporation or by two or more corporations if,

(a) equity shares of the first-mentioned corporation carrying more than 50 per cent of the votes for the election of directors are held, otherwise than by way of security only, by or for the benefit of such other person or corporation or by or for the benefit of such other corporations; and

(b) the votes carried by such securities are sufficient, if exercised, to elect a majority of the board of directors of the first-mentioned corporation.  R.S.O. 1990, c. P.1, s. 1 (2).

Application of Act

(3) This Act does not apply to,

(a) distributors in respect of the distribution of paperbacks or periodicals, or both, that are published, printed and distributed primarily in Canada; or

(b) persons whose principal business is the publication in Canada of books that are not paperbacks or periodicals.  R.S.O. 1990, c. P.1, s. 1 (3).

Idem

(4) Nothing in this Act shall be construed to have the effect of controlling, influencing or otherwise affecting the content of any paperback or periodical.  R.S.O. 1990, c. P.1, s. 1 (4).

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

1999, c. 12, Sched. G, s. 31 (1) - 01/04/2000

2001, c. 9, Sched. D, s. 13 - 29/06/2001

2006, c. 34, s. 18 (1-3) - 01/04/2007

Registrar

2 (1) The Deputy Minister shall appoint a person as the registrar of paperback and periodical distributors.  1998, c. 18, Sched. E, s. 191.

Duties of Registrar

(2) The Registrar may exercise the powers and shall perform the duties conferred or imposed upon him or her by or under this Act under the supervision of the Director.  R.S.O. 1990, c. P.1, s. 2 (2).

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

1998, c. 18, Sched. E, s. 191 - 18/12/1998

Registration

Registration of distributor

3 (1) No person shall carry on business as a distributor unless the person is registered by the Registrar under this Act.  R.S.O. 1990, c. P.1, s. 3 (1).

Effect of registration

(2) Registration under this Act shall not be construed as approval of any matter in the conduct of the business of the registrant except those matters specifically provided for in this Act.  R.S.O. 1990, c. P.1, s. 3 (2).

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

2006, c. 34, s. 18 (4) - 01/04/2007

Entitlement to registration

4 (1) An applicant is entitled to registration by the Registrar except where,

(a) the applicant fails to comply with section 7 or 8, as the case may be; or

(b) the applicant fails to file the material required by the regulations.  R.S.O. 1990, c. P.1, s. 4 (1).

Refusal to register

(2) Subject to section 5, the Registrar may refuse to register an applicant where in the Registrar’s opinion the applicant is disentitled to registration under subsection (1).  R.S.O. 1990, c. P.1, s. 4 (2).

Revocation of registration

(3) Subject to section 5, the Registrar may revoke a registration where the registrant fails to comply with any provision of this Act or the regulations.  R.S.O. 1990, c. P.1, s. 4 (3).

Notice of proposal to refuse or revoke

5 (1) Where the Registrar proposes to refuse to grant or proposes to revoke a registration, he or she shall serve notice of his or her proposal, together with written reasons therefor, on the applicant or registrant.  R.S.O. 1990, c. P.1, s. 5 (1).

Request for hearing

(2) A notice under subsection (1) shall state that the applicant or registrant is entitled to a hearing by the Tribunal if the applicant or registrant mails or delivers a written request for a hearing to the Registrar and the Tribunal within fifteen days after service of the notice under subsection (1).  R.S.O. 1990, c. P.1, s. 5 (2).

Powers of Registrar where no hearing

(3) Where an applicant or registrant does not request a hearing by the Tribunal in accordance with subsection (2), the Registrar may carry out the proposal stated in the notice under subsection (1).  R.S.O. 1990, c. P.1, s. 5 (3).

Powers of Tribunal where hearing

(4) Where an applicant or registrant requests a hearing by the Tribunal in accordance with subsection (2), the Tribunal shall appoint a time for and hold the hearing and, on the application of the Registrar at the hearing, may by order direct the Registrar to carry out his or her proposal, or refrain from carrying out his or her proposal and to take such action as the Tribunal considers the Registrar ought to take in accordance with this Act and the regulations, and for such purposes the Tribunal may substitute its opinion for that of the Registrar.  R.S.O. 1990, c. P.1, s. 5 (4).

Conditions of order

(5) The Tribunal may attach such terms and conditions to its order or to the registration as it considers proper to give effect to the purposes of this Act.  R.S.O. 1990, c. P.1, s. 5 (5).

Parties

(6) The Registrar, the applicant or registrant who has required the hearing and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under this section.  R.S.O. 1990, c. P.1, s. 5 (6).

Voluntary cancellation

(7) Despite subsection (1), the Registrar may cancel a registration upon the request in writing of the registrant in the prescribed form surrendering the registration.  R.S.O. 1990, c. P.1, s. 5 (7).

Appeal

(8) Even if a registrant appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.  1999, c. 12, Sched. G, s. 31 (2).

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

1999, c. 12, Sched. G, s. 31 (2) - 01/04/2000

Duties, Inspections and Investigations

Business area

6 (1) A registration authorizes the registrant to carry on business only in the area in Ontario determined by the Registrar and described in the certificate of registration issued by the Registrar and a registrant shall not carry on business outside the area so described.  R.S.O. 1990, c. P.1, s. 6 (1).

Decision of Registrar

(2) The Registrar may reduce the area applied for by the registrant where, in his or her opinion, not to do so would lessen or be likely to lessen competition unduly in respect of channels or methods of distribution, contrary to the public interest.  R.S.O. 1990, c. P.1, s. 6 (2).

Notice, etc.

(3) Where the Registrar proposes to reduce the area applied for, subsections 5 (1), (2), (3) and (6) apply with necessary modifications, in the same manner as to a proposal to revoke a registration.  R.S.O. 1990, c. P.1, s. 6 (3).

Appeal to Minister

(4) An appeal lies from a decision of the Registrar under this section to the Minister whose decision is final.  R.S.O. 1990, c. P.1, s. 6 (4); 1999, c. 12, Sched. G, s. 31 (3).

Hearing by Tribunal

(5) Where an applicant requires a hearing under subsection 5 (2), the Tribunal shall hold a hearing and report to the Minister its finding of fact and recommendations.  R.S.O. 1990, c. P.1, s. 6 (5).

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

1999, c. 12, Sched. G, s. 31 (3) - 01/04/2000

2006, c. 34, s. 18 (5) - 01/04/2007

Residency requirements for unincorporated persons

7 (1) Subject to subsection (2), no person who is not a corporation shall carry on business in Ontario as a distributor unless,

(a) in the case of an individual, he or she is a resident; or

(b) in the case of a partnership or an association, syndicate or organization of individuals, every member thereof is a resident.  R.S.O. 1990, c. P.1, s. 7 (1); 1993, c. 27, Sched.

Idem

(2) A person who is not a corporation and who was carrying on business as a distributor immediately before the 14th day of June, 1971 and who on that day was in contravention of subsection (1) may continue to carry on business if,

(a) in the case of an individual, his or her interest or any part thereof is not transferred to or for the benefit of a non-resident; or

(b) in the case of a partnership or an association, syndicate or organization of individuals, no person who is a non-resident is admitted as a member thereof.  R.S.O. 1990, c. P.1, s. 7 (2).

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

1993, c. 27, Sched. - 31/12/1991

Residency requirements for corporations

8 (1) No corporation shall carry on business in Ontario as a distributor if,

(a) the total number of equity shares of the corporation beneficially owned directly or indirectly by non-residents or over which non-residents exercise control or direction exceeds 25 per cent of the total number of issued and outstanding equity shares of the corporation;

(b) the total number of equity shares of the corporation beneficially owned directly or indirectly by a non-resident or over which the non-resident exercises control or direction, together with other shareholders associated with the non-resident, if any, exceeds 10 per cent of the total number of issued and outstanding equity shares of the corporation; or

(c) the corporation is not incorporated by or under an Act of Ontario, Canada or any province of Canada.  R.S.O. 1990, c. P.1, s. 8 (1).

Idem

(2) In calculating the total number of equity shares of the corporation beneficially owned or controlled for the purposes of this section, the total number shall be calculated as the total of all the shares actually owned or controlled, but each share that carries the right to more than one vote shall be calculated as the number of shares equalling the total number of votes it carries.  R.S.O. 1990, c. P.1, s. 8 (2).

Idem

(3) A corporation that was carrying on business as a distributor immediately before the 14th day of June, 1971 and that on that day was in contravention of subsection (1) may continue to carry on business,

(a) in the case of a contravention of clause (1) (a) or (b), if no transfer of equity shares or beneficial interest therein including their control or direction is made to a non-resident or person associated with the non-resident excepting when the result would be in compliance with clauses (1) (a) and (b); or

(b) in the case of a contravention of clause (1) (c), until the 14th day of June, 1972, but a corporation incorporated on or after the 14th day of June, 1971 and before the 14th day of June, 1972 by or under an Act of Ontario, Canada or a province of Canada may, despite clauses (1) (a) and (b), be registered in the place of the first mentioned corporation if the equity shares of the new corporation or beneficial interest therein, including their control or direction, held by non-residents are held directly or indirectly in the same manner as the equity shares of the first mentioned corporation, but where the new corporation is in contravention of clause (1) (a) or (b), clause (a) of this subsection applies.  R.S.O. 1990, c. P.1, s. 8 (3).

Associated shareholder

(4) For the purposes of this section, a shareholder shall be deemed to be associated with another shareholder if,

(a) one shareholder is a corporation of which the other shareholder is an officer or director;

(b) one shareholder is a partnership of which the other shareholder is a partner;

(c) one shareholder is a company that is controlled directly or indirectly by the other shareholder;

(d) both shareholders are corporations and one shareholder is controlled directly or indirectly by the same individual or corporation that controls directly or indirectly the other shareholder;

(e) both shareholders are members of a voting trust where the trust relates to shares of a corporation; or

(f) both shareholders are associated within the meaning of clauses (a) to (e) with the same shareholder.  R.S.O. 1990, c. P.1, s. 8 (4).

Shares held jointly

(5) For the purposes of this section, where an equity share of a corporation is held jointly and one or more of the joint holders thereof is a non-resident, the share shall be deemed to be held by a non-resident.  R.S.O. 1990, c. P.1, s. 8 (5).

Inspection

9 (1) The Registrar or any person designated by him or her in writing may at any reasonable time enter upon the business premises of the registrant to make an inspection to ensure that the provisions of this Act and the regulations are being complied with.  R.S.O. 1990, c. P.1, s. 9 (1).

(2) Repealed:  2006, c. 34, s. 18 (6).

Powers on inspection

(3) Upon an inspection under this section, the person inspecting,

(a) is entitled to free access to all books of account, documents, bank accounts, vouchers, correspondence and records of the person being inspected that are relevant for the purposes of the inspection; and

(b) may, upon giving a receipt thereof, remove any material referred to in clause (a) that relates to the purpose of the inspection for the purpose of making a copy thereof, provided that such copying is carried out with reasonable dispatch and the material in question is promptly thereafter returned to the person being inspected,

and no person shall obstruct the person inspecting or withhold or destroy, conceal or refuse to furnish any information or thing required by the person inspecting for the purposes of the inspection.  R.S.O. 1990, c. P.1, s. 9 (3).

Admissibility of copies

(4) Any copy made as provided in subsection (3) and purporting to be certified by an inspector is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original.  R.S.O. 1990, c. P.1, s. 9 (4).

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

2006, c. 34, s. 18 (6) - 01/04/2007

Appointment of investigators

9.1 (1) The Director may appoint persons to be investigators for the purposes of conducting investigations.  2006, c. 34, s. 18 (7).

Certificate of appointment

(2) The Director shall issue to every investigator a certificate of appointment bearing his or her signature or a facsimile of the signature.  2006, c. 34, s. 18 (7).

Production of certificate of appointment

(3) Every investigator who is conducting an investigation, including under section 10, shall, upon request, produce the certificate of appointment as an investigator.  2006, c. 34, s. 18 (7).

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

2006, c. 34, s. 18 (7) - 01/04/2007

Search warrant

10 (1) Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if he or she is satisfied on information under oath that there is reasonable ground for believing that,

(a) a person has contravened or is contravening this Act or the regulations or has committed an offence under the law of any jurisdiction that is relevant to the person’s fitness for registration under this Act; and

(b) there is,

(i) in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations or to the person’s fitness for registration, or

(ii) information or evidence relating to the contravention of this Act or the regulations or the person’s fitness for registration that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant.  2006, c. 34, s. 18 (8).

Powers under warrant

(2) Subject to any conditions contained in it, a warrant obtained under subsection (1) authorizes an investigator,

(a) to enter or access the building, dwelling, receptacle or place specified in the warrant and examine and seize anything described in the warrant;

(b) to use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or evidence described in the warrant, in any form;

(c) to exercise any of the powers specified in subsection (10); and

(d) to use any investigative technique or procedure or do anything described in the warrant.  2006, c. 34, s. 18 (8).

Entry of dwelling

(3) Despite subsection (2), an investigator shall not exercise the power under a warrant to enter a place, or part of a place, used as a dwelling, unless,

(a) the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and

(b) the justice of the peace authorizes the entry into the dwelling.  2006, c. 34, s. 18 (8).

Conditions on warrant

(4) A warrant obtained under subsection (1) shall contain such conditions as the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances.  2006, c. 34, s. 18 (8).

Expert help

(5) The warrant may authorize persons who have special, expert or professional knowledge and other persons as necessary to accompany and assist the investigator in respect of the execution of the warrant.  2006, c. 34, s. 18 (8).

Time of execution

(6) An entry or access under a warrant issued under this section shall be made between 6 a.m. and 9 p.m., unless the warrant specifies otherwise.  2006, c. 34, s. 18 (8).

Expiry of warrant

(7) A warrant issued under this section shall name a date of expiry, which shall be no later than 30 days after the warrant is issued, but a justice of the peace may extend the date of expiry for an additional period of no more than 30 days, upon application without notice by an investigator.  2006, c. 34, s. 18 (8).

Use of force

(8) An investigator may call upon police officers for assistance in executing the warrant and the investigator may use whatever force is reasonably necessary to execute the warrant.  2006, c. 34, s. 18 (8).

Obstruction

(9) No person shall obstruct an investigator executing a warrant under this section or withhold from him or her or conceal, alter or destroy anything relevant to the investigation being conducted pursuant to the warrant.  2006, c. 34, s. 18 (8).

Assistance

(10) An investigator may, in the course of executing a warrant, require a person to produce the evidence or information described in the warrant and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce, in any form, the evidence or information described in the warrant and the person shall produce the evidence or information or provide the assistance.  2006, c. 34, s. 18 (8).

Return of seized items

(11) An investigator who seizes any thing under this section or section 10.1 may make a copy of it and shall return it within a reasonable time.  2006, c. 34, s. 18 (8).

Admissibility

(12) A copy of a document or record certified by an investigator as being 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. 18 (8).

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

2006, c. 34, s. 18 (8) - 01/04/2007

Seizure of things not specified

10.1 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.  2006, c. 34, s. 18 (8).

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

2006, c. 34, s. 18 (8) - 01/04/2007

Searches in exigent circumstances

10.2 (1) An investigator may exercise any of the powers described in subsection 10 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.  2006, c. 34, s. 18 (8).

Dwellings

(2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling.  2006, c. 34, s. 18 (8).

Use of force

(3) The 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. 18 (8).

Applicability of s. 10

(4) Subsections 10 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.  2006, c. 34, s. 18 (8).

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

2006, c. 34, s. 18 (8) - 01/04/2007

General

Confidentiality

11 (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except,

(a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations;

(b) to a ministry, department or agency of a government engaged in the administration of legislation similar to this Act or legislation that protects consumers or to any other entity to which the admin­istration of legislation similar to this Act or legislation that protects consumers has been assigned;

(c) to an entity or organization prescribed by the regulations, if the purpose of the communication is consumer protection;

(d) to a law enforcement agency;

(e) to his, her or its counsel; or

(f) with the consent of the person to whom the information relates.  2004, c. 19, s. 17 (1).

Testimony

(2) Except in a proceeding under this Act, no person shall be required to give testimony in a civil proceeding with regard to information obtained in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations.  2004, c. 19, s. 17 (1).

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

2004, c. 19, s. 17 (1) - 31/03/2007

2006, c. 34, s. 18 (9) - 01/04/2007; 2006, c. 34, s. 18 (10, 11) - no effect - see 2004, c. 19, s. 17 (1) - 31/03/2007

Service

12 (1) Any notice or order required to be given or served under this Act or the regulations is sufficiently given or served if delivered personally or sent by registered mail addressed to the person to whom delivery or service is required to be made at the latest address for service appearing on the records of the Ministry of Consumer and Business Services.  R.S.O. 1990, c. P.1, s. 12 (1); 2001, c. 9, Sched. D, s. 13.

Where service deemed to be made

(2) Where service is made by registered mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control receive the notice or order until a later date.  R.S.O. 1990, c. P.1, s. 12 (2).

Exception

(3) Despite subsections (1) and (2), the Tribunal may order any other method of service in respect of any matter before the Tribunal.  R.S.O. 1990, c. P.1, s. 12 (3).

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

2001, c. 9, Sched. D, s. 13 - 29/06/2001

Restraining orders

13 (1) Where it appears to the Director that any person does not comply with any provision of this Act or the regulations, despite the imposition of any penalty in respect of the non-compliance and in addition to any other rights the person may have, the Director may apply to a judge of the Superior Court of Justice for an order directing the person to comply with the provision, and upon the application, the judge may make such order as the judge thinks fit.  R.S.O. 1990, c. P.1, s. 13 (1); 2001, c. 9, Sched. D, s. 14.

Appeal

(2) An appeal lies to the Divisional Court from an order made under subsection (1).  R.S.O. 1990, c. P.1, s. 13 (2).

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

2001, c. 9, Sched. D, s. 14 - 29/06/2001

Offences

14 (1) Every person who, knowingly,

(a) furnishes false information in any application under this Act or in any statement or return required to be furnished under this Act or the regulations; or

(b) contravenes any provision of this Act or the regulations,

and every director or officer of a corporation who knowingly concurs in such furnishing, failure or contravention is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both.  R.S.O. 1990, c. P.1, s. 14 (1).

Corporations

(2) Where a corporation is convicted of an offence under subsection (1), the maximum penalty that may be imposed upon the corporation is $100,000 and not as provided therein.  R.S.O. 1990, c. P.1, s. 14 (2).

(3) Repealed:  1994, c. 27, s. 96.

Limitation

(4) No proceeding under clause (1) (a) shall be commenced more than one year after the facts upon which the proceeding is based first came to the knowledge of the Director.  R.S.O. 1990, c. P.1, s. 14 (4).

Idem

(5) No proceeding under clause (1) (b) shall be commenced more than two years after the time when the subject-matter of the proceeding arose.  R.S.O. 1990, c. P.1, s. 14 (5).

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

1994, c. 27, s. 96 - 09/12/1994

Certificate as evidence

15 A statement as to,

(a) the registration or non-registration of any person;

(b) the filing or non-filing of any document or material required or permitted to be filed with the Registrar;

(c) the time when the facts upon which proceedings are based first came to the knowledge of the Director; or

(d) any other matter pertaining to such registration, non-registration, filing or non-filing,

purporting to be certified by the Director is, without proof of the office or signature of the Director, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated therein for all purposes in any action, proceeding or prosecution.  R.S.O. 1990, c. P.1, s. 15.

Power of Minister

15.1 The Minister may by order require the payment of fees for registration as a distributor or maintenance of registration under this Act and may approve the amount of those fees.  1998, c. 18, Sched. E, s. 192.

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

1998, c. 18, Sched. E, s. 192 - 18/12/1998

Regulations

16 The Lieutenant Governor in Council may make regulations,

(a) providing for the registration of distributors;

(b) requiring distributors to furnish such returns, reports or other information as is prescribed;

(c) requiring any information required to be furnished or contained in any form or return to be verified by affidavit;

(d) prescribing further procedures respecting the conduct of matters coming before the Tribunal;

(e) providing for the responsibility for payment of witness fees and expenses in connection with proceedings before the Tribunal and prescribing the amounts thereof;

(f) prescribing forms for the purposes of this Act and the regulations;

(g) prescribing entities and organizations for the purpose of clause 11 (1) (c);

(h) requiring the Registrar to maintain a public record of certain documents and information, prescribing the documents and information that must be kept in the public record, and governing the public record and access to it;

(i) requiring the Registrar to publish certain documents and information, prescribing the documents and information that must be published, and governing their publication and access to them;

(j) authorizing the Registrar to conduct quality assurance programs in relation to the administration of this Act or the regulations and to use information collected under this Act for the purpose of those programs.  R.S.O. 1990, c. P.1, s. 16; 2004, c. 19, s. 17 (2).

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

2004, c. 19, s. 17 (2) - 31/03/2007

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