You're using an outdated browser. This website will not display correctly and some features will not work.
Learn more about the browsers we support for a faster and safer online experience.

Français

Safety and Consumer Statutes Administration Act, 1996

S.O. 1996, Chapter 19

Consolidation Period:  From July 14, 2020 to the e-Laws currency date.

Last amendment: 2020, c. 14, Sched. 8, s. 1-20.

Legislative History: 1998, c. 15, Sched. E, s. 46; 1999, c. 12, Sched. F, s. 40, 41; 2000, c. 16, s. 46; 2002, c. 30, Sched. E, s. 19; 2002, c. 33, s. 150-152 (But see 2004, c. 19, s. 8 (4)); 2004, c. 19, s. 21; 2005, c. 17, s. 50; 2006, c. 19, Sched. G, s. 11; 2006, c. 35, Sched. C, s. 120; 2009, c. 28, s. 16; 2012, c. 8, Sched. 11, s. 53 (But see 2020, c. 14, Sched. 8, s. 21); 2019, c. 7, Sched. 17, s. 158; 2020, c. 1, s. 37; 2020, c. 14, Sched. 8, s. 1-20.

CONTENTS

Definitions and Administration

1.

Purpose

2.

Definitions

Designations

3.

Designations

4.

Administrative agreement

5.

Conflict rules

5.1

Minister’s authority to appoint administrator

5.2

Status of board during administrator’s tenure

6.

Revocation of designations

Designated Administrative Authorities

7.

Duties

8.

Board

8.1

Minister’s authority re change to objects or purposes

8.2

Minister’s authority re board of directors

9.

Employees

10.

Not Crown agents

11.

No personal liability, employee of the Crown

11.1

No personal liability

12.

Forms, fees, etc.

12.1

Public access to by-laws

12.2

Public access to information

12.3

Disclosure of compensation and other payments

12.4

Audit

13.

Reports

13.1

Policy directions

13.2

Consultation

13.3

Advisory councils

13.4

Minister’s authority to require reviews

13.5

Duty to advise the Minister

13.6

Advice or reports

13.7

Conditions precedent

13.8

Provision of services in French

14.

Offences

14.1

Publication of orders

14.2

Non-application

14.2

Non-application

15.

Regulations

Schedule

 

 

Definitions and Administration

Purpose

1 The purpose of this Act is to facilitate the administration of designated Acts named in the Schedule by delegating to designated administrative authorities certain powers and duties relating to the administration of those Acts.  1996, c. 19, s. 1.

Definitions

2 In this Act,

“administrative agreement” in relation to a designated administrative authority means an agreement that the Minister has entered into with the administrative authority with respect to the designated legislation for which the administration is delegated to the administrative authority; (“accord d’application”)

“administrative authority” means a not-for-profit corporation without share capital incorporated under the laws of Ontario or Canada that operates in Ontario but that does not form part of the Government of Ontario, any other government or an agency of a government; (“organisme d’application”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “administrative authority” in section 2 of the Act is amended by striking out “or Canada that operates in Ontario”. (See: 2020, c. 14, Sched. 8, s. 1 (1))

“designated administrative authority” means an administrative authority that the Lieutenant Governor in Council has designated under subsection 3 (2); (“organisme d’application désigné”)

“designated legislation” means legislation that is an Act named in the Schedule, a regulation made under that Act or provisions of that Act or that regulation, where the Lieutenant Governor in Council has designated the legislation under subsection 3 (1); (“texte législatif désigné”)

“Minister” means the Minister responsible for the administration of this Act unless the context indicates otherwise. (“ministre”).  1996, c. 19, s. 2.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 2 of the Act is amended by adding the following subsection: (See: 2020, c. 14, Sched. 8, s. 1 (2))

Transition

(2) Despite the definitions of “administrative authority” and “designated administrative authority” in subsection (1), where a corporation incorporated under the laws of Canada was a designated administrative authority immediately before the coming into force of subsection 1 (1) of Schedule 8 to the Rebuilding Consumer Confidence Act, 2020, and an extension period is provided for in its administrative agreement,

(a)  the corporation continues to be a designated administrative authority during that period;

(b)  if the corporation is continued under the laws of Ontario during that period, the corporation continues to be a designated administrative authority after the expiration of that period; and

(c)  if the corporation is not continued under the laws of Ontario during that period, its designation as a designated administrative authority is deemed to be revoked immediately upon the expiration of that period. 2020, c. 14, Sched. 8, s. 1 (2).

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

2020, c. 14, Sched. 8, s. 1 (1, 2) - not in force

Designations

Designations

3 (1) The Lieutenant Governor in Council may, by regulation, designate an Act named in the Schedule, a regulation made under that Act or provisions of that Act or that regulation as designated legislation for the purpose of this Act.  1996, c. 19, s. 3 (1).

Same, administrative authority

(2) Subject to section 4, the Lieutenant Governor in Council may, by regulation, designate one or more administrative authorities for the purpose of administering designated legislation.  1996, c. 19, s. 3 (2).

Delegation of administration

(3) Subject to subsection (4), if the Lieutenant Governor in Council designates an administrative authority for the purpose of administering designated legislation, all provisions in the legislation relating to its administration, or to such part of its administration as may be specified in the designation, are delegated to the administrative authority unless specifically exempted in the designation of the administrative authority or the legislation.  1996, c. 19, s. 3 (3); 2002, c. 33, s. 150 (1).

Same

(3.1) For greater certainty, the Lieutenant Governor in Council may under this section designate two or more administrative authorities in respect to one designated statute or regulation and, in each designation, delegate the administration of the statute or regulation to each authority as it relates to,

(a)  different provisions in the statute or regulation as may be specified in each designation; or

(b)  the same provisions in the statute or regulation as they apply to different classes of persons, entities or activities, as may be specified in each designation.  2002, c. 33, s. 150 (2).

Same

(3.2) For greater certainty, the Lieutenant Governor in Council may under this section designate one administrative authority for the purpose of administering more than one designated statute or regulation. 2020, c. 14, Sched. 8, s. 2.

Exception: regulations

(4) The powers to make regulations that designated legislation confers on the Lieutenant Governor in Council or the Minister responsible for the administration of the designated legislation are not delegated to the designated administrative authority.  1996, c. 19, s. 3 (4).

Previous administration

(5) If the administration of designated legislation is delegated to a designated administrative authority, nothing in the delegation invalidates regulations made under the designated legislation, acts of the Minister responsible for the administration of the designated legislation in administering it, appointments made by that Minister under the designated legislation, registrations or any other acts done under the designated legislation that were in force immediately before the delegation.  1996, c. 19, s. 3 (5).

Persons bound

(6) If the administration of designated legislation is delegated to a designated administrative authority, the legislation binds all persons whom it would bind if the administration of it had not been delegated.  1996, c. 19, s. 3 (6).

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

2002, c. 33, s. 150 (1, 2) - 01/07/2012

2020, c. 14, Sched. 8, s. 2 - 14/07/2020

Administrative agreement

4 (1) The Lieutenant Governor in Council may not designate an administrative authority for the purpose of designated legislation until the Minister and the administrative authority have entered into an administrative agreement.  1996, c. 19, s. 4 (1); 1999, c. 12, Sched. F, s. 40.

Minimum contents

(2) The administrative agreement shall include, at a minimum, terms related to,

(a)  the financial terms of the delegation, including payments to the Crown, licence fees, royalties and reimbursements for transfers of assets;

(b)  the governance of the administrative authority;

(c)  the maintenance by the administrative authority of adequate insurance against liability arising out of the administrative authority’s administration of the designated legislation that is delegated to it; and

(d)  all other matters that the Minister considers necessary for the administrative authority to carry out the administration of the designated legislation that is delegated to it. 2020, c. 14, Sched. 8, s. 3.

Compliance with operating principles

(3) The administrative agreement, in addition to the minimum terms required under subsection (2), shall require the administrative authority to comply with the principles of,

(a)  maintaining a fair, safe and informed marketplace; and

(b)  promoting the protection of the public interest. 2020, c. 14, Sched. 8, s. 3.

Amendment by Minister

(4) Subject to section 13.7, the Minister may unilaterally amend the administrative agreement, after giving the administrative authority the notice that the Minister considers reasonable in the circumstances. 2020, c. 14, Sched. 8, s. 3.

Transition

(5) Despite subsections (2) and (3), any administrative agreement that was in effect immediately before the coming into force of section 3 of Schedule 8 to the Rebuilding Consumer Confidence Act, 2020 remains in force according to its terms until it is otherwise amended or revoked, but for greater certainty, subsection (4) applies to such an agreement. 2020, c. 14, Sched. 8, s. 3.

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

1999, c. 12, Sched. F, s. 40 - 22/12/1999

2020, c. 14, Sched. 8, s. 3 - 14/07/2020

Conflict rules

5 The following rules apply respecting conflicts that may arise in applying this Act:

1.  This Act and its regulations prevail over designated legislation, an administrative agreement and an administrative authority’s constating documents, by-laws and resolutions.

2.  Designated legislation prevails over an administrative agreement and an administrative authority’s constating documents, by-laws and resolutions.

3.  A Minister’s order made under this Act prevails over an administrative agreement and an administrative authority’s constating documents, by-laws and resolutions.

4.  This Act prevails over the Corporations Information Act. 2020, c. 14, Sched. 8, s. 4.

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

2020, c. 14, Sched. 8, s. 4 - 14/07/2020

Minister’s authority to appoint administrator

5.1 (1) Subject to section 13.7, the Minister may, by order, appoint an individual as an administrator of a designated administrative authority for the purposes of assuming control of it and responsibility for its activities. 2020, c. 14, Sched. 8, s. 4.

Notice of appointment

(2) The Minister shall give the designated administrative authority’s board of directors the notice that the Minister considers reasonable in the circumstances before appointing the administrator. 2020, c. 14, Sched. 8, s. 4.

Immediate appointment

(3) Subsection (2) does not apply if there are not enough members on the board to form a quorum. 2020, c. 14, Sched. 8, s. 4.

Term of appointment

(4) The appointment of the administrator is valid until the Minister makes an order terminating it. 2020, c. 14, Sched. 8, s. 4.

Powers and duties of administrator

(5) Unless the order appointing the administrator provides otherwise, the administrator has the exclusive right to exercise all the powers and perform all the duties of the directors, officers and members of the designated administrative authority. 2020, c. 14, Sched. 8, s. 4.

Same

(6) In the order appointing the administrator, the Minister may specify the administrator’s powers and duties and the conditions governing them. 2020, c. 14, Sched. 8, s. 4.

Right of access

(7) The administrator has the same rights as the board in respect of the designated administrative authority’s documents, records and information. 2020, c. 14, Sched. 8, s. 4.

Report to Minister

(8) The administrator shall report to the Minister as the Minister requires. 2020, c. 14, Sched. 8, s. 4.

Minister’s directions

(9) The Minister may issue directions to the administrator with regard to any matter within the administrator’s jurisdiction, and the administrator shall carry them out. 2020, c. 14, Sched. 8, s. 4.

No personal liability

(10) No action or other proceeding shall be instituted against the administrator or a former administrator for,

(a)  any act done in good faith in the exercise or performance or intended exercise or performance of a duty or power under this Act, the regulations made under this Act, the designated legislation, a Minister’s order or the appointment under subsection (1); or

(b)  any neglect or default in the exercise or performance in good faith of a duty or power described in clause (a). 2020, c. 14, Sched. 8, s. 4.

Crown liability

(11) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (10) of this section does not relieve the Crown of liability to which it would otherwise be subject. 2020, c. 14, Sched. 8, s. 4.

Liability of designated administrative authority

(12) Subsection (10) does not relieve the designated administrative authority of liability to which it would otherwise be subject. 2020, c. 14, Sched. 8, s. 4.

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

2020, c. 14, Sched. 8, s. 4 - 14/07/2020

Status of board during administrator’s tenure

5.2 (1) On the appointment of an administrator under section 5.1, the members of the board of directors of the designated administrative authority cease to hold office, unless the order provides otherwise. 2020, c. 14, Sched. 8, s. 4.

Same

(2) During the term of the administrator’s appointment, the powers of any member of the board who continues to hold office are suspended, unless the order provides otherwise. 2020, c. 14, Sched. 8, s. 4.

No personal liability

(3) No action or other proceeding shall be instituted against a member or former member of the board of the designated administrative authority for any act, neglect or default done by the administrator or the administrative authority after the member’s removal under subsection (1) or while the member’s powers are suspended under subsection (2). 2020, c. 14, Sched. 8, s. 4.

Crown liability

(4) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (3) of this section does not relieve the Crown of liability to which it would otherwise be subject. 2020, c. 14, Sched. 8, s. 4.

Liability of designated administrative authority

(5) Subsection (3) does not relieve the designated administrative authority of liability to which it would otherwise be subject. 2020, c. 14, Sched. 8, s. 4.

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

2020, c. 14, Sched. 8, s. 4 - 14/07/2020

Revocation of designations

6 (1) On giving the notice that the Lieutenant Governor in Council considers reasonable in the circumstances, the Lieutenant Governor in Council may, by regulation, revoke or restrict the scope of the designation of legislation for which the administration is delegated to a designated administrative authority or revoke the designation of an administrative authority to which the administration of designated legislation is delegated if,

(a)  the administrative authority has failed to comply with this Act, the designated legislation or the administrative agreement; or

(b)  the Lieutenant Governor in Council considers it advisable to do so in the public interest.  1996, c. 19, s. 6 (1); 2020, c. 14, Sched. 8, s. 5 (1).

Opportunity to remedy

(2) If a designated administrative authority to which the administration of designated legislation is delegated fails to comply with this Act, the designated legislation or the administrative agreement, the Minister shall,

(a)  allow the administrative authority the opportunity of remedying its failure within the time period that the Minister considers reasonable in the circumstances; and

(b)  advise the Lieutenant Governor in Council whether or not the administrative authority remedies its failure within the time period that the Minister specifies.  1996, c. 19, s. 6 (2).

If failure remedied

(3) The Lieutenant Governor in Council shall not act under clause (1) (a) if the designated administrative authority remedies its failure within the time period that the Minister specifies under clause (2) (a). 2020, c. 14, Sched. 8, s. 5 (2).

Voluntary revocation

(4) A designated administrative authority may request that the Lieutenant Governor in Council revoke or restrict the scope of the designation of legislation for which the administration is delegated to the administrative authority or revoke its designation and in that case the Lieutenant Governor in Council shall, by regulation, revoke or restrict the designation on the terms that it considers advisable in the public interest. 2020, c. 14, Sched. 8, s. 5 (2).

Non-application of SPPA

(5) The Statutory Powers Procedure Act does not apply to the exercise by the Lieutenant Governor in Council of a right under this section to revoke or restrict the scope of a designation. 2020, c. 14, Sched. 8, s. 5 (2).

Transitional regulations

(6) If the Lieutenant Governor in Council revokes or restricts the scope of a designation under this section, the Lieutenant Governor in Council may, by regulation, provide for any transitional matter that the Lieutenant Governor in Council considers necessary for the effective implementation of the revocation or restriction, including,

(a)  the transfer, without compensation, of any property, including assets, liabilities, rights, obligations, records, databases, bank accounts and money, that the designated administrative authority holds in respect of carrying out its activities under the Act, the designated legislation and the administrative agreement; and

(b)  the assignment, without compensation, of any contracts that the authority has entered into before the revocation. 2020, c. 14, Sched. 8, s. 5 (2).

No Crown liability

(7) No cause of action arises against the Crown, a minister of the Crown, a Crown employee or a Crown agent as a direct or indirect result of the revocation or restriction of the designation of an administrative authority or any regulation made under subsection (6). 2020, c. 14, Sched. 8, s. 5 (2).

No proceeding

(8) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, shall be instituted against the Crown, a minister of the Crown, a Crown employee or a Crown agent by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in subsection (7). 2020, c. 14, Sched. 8, s. 5 (2).

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

2020, c. 14, Sched. 8, s. 5 (1, 2) - 14/07/2020

Designated Administrative Authorities

Duties

7 (1) A designated administrative authority shall carry out the administration of designated legislation delegated to it, or such part of the administration of designated legislation as is delegated to it, and shall do so in accordance with law, this Act, the designated legislation and the administrative agreement, having regard to the intent and purpose of this Act and the designated legislation.  1996, c. 19, s. 7 (1); 2002, c. 33, s. 151.

Additional activities

(2) Nothing in this Act restricts a designated administrative authority from carrying out other activities in accordance with its objects.  1996, c. 19, s. 7 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 7 (2) of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. 8, s. 6)

Additional activities

(2) Subject to subsection (3), nothing in this Act restricts a designated administrative authority from carrying out other activities in accordance with its objects. 2020, c. 14, Sched. 8, s. 6.

Restriction on commercial activity

(3) A designated administrative authority shall not engage in commercial activity through an individual, corporation or other entity that is related to the administrative authority. 2020, c. 14, Sched. 8, s. 6.

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

2002, c. 33, s. 151 - 01/07/2012

2020, c. 14, Sched. 8, s. 6 - not in force

Board

8 (1) The Minister may appoint at pleasure one or more members to the board of directors of a designated administrative authority as long as the members appointed by the Minister do not constitute a majority of the board.  1996, c. 19, s. 8 (1).

Composition

(2) The members appointed by the Minister may include representatives of consumer groups, business, government organizations or such other interests as the Minister determines.  1996, c. 19, s. 8 (2).

Term of appointment

(3) The Minister shall set out the term of appointment in the appointment of each person whom the Minister appoints to the board.  1996, c. 19, s. 8 (3).

Remuneration and expenses

(4) The administrative authority shall provide for the payment of reasonable remuneration and expenses to the members of the board whom the Minister appoints.  1996, c. 19, s. 8 (4).

Percentages of board members

(5) The Minister may, by order, provide that no more than a fixed percentage of members of the board shall be drawn from among the persons or classes of persons specified in the order. 2020, c. 14, Sched. 8, s. 7.

Number of board members

(5.1) The Minister may, by order, increase or decrease the number of members of the board. 2020, c. 14, Sched. 8, s. 7.

Chair

(5.2) The Minister may appoint a chair of the board from among the members of the board. 2020, c. 14, Sched. 8, s. 7.

Members

(6) If the administration of designated legislation is delegated to a designated administrative authority, the administrative authority may, by by-law, require that all persons who, in order to carry out an activity governed by the legislation, are required to register or obtain a licence, permit, certificate or any other authorization become members of the administrative authority on the terms that it specifies.  1996, c. 19, s. 8 (6).

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

2020, c. 14, Sched. 8, s. 7 - 14/07/2020

Minister’s authority re change to objects or purposes

8.1 (1) Subject to section 13.7, the Minister may require that a designated administrative authority make a specified change to its objects or purposes. 2020, c. 14, Sched. 8, s. 8.

Same

(2) No change shall be made to a designated administrative authority’s objects or purposes unless the Minister’s written approval is obtained in advance. 2020, c. 14, Sched. 8, s. 8.

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

2020, c. 14, Sched. 8, s. 8 - 14/07/2020

Minister’s authority re board of directors

Eligibility and nomination

8.2 (1) The Minister may, by order,

(a)  establish competency criteria for members of the board of directors of a designated administrative authority; and

(b)  establish rules about the nomination of board members, the appointment or election process, the length of their terms and whether they may be reappointed or re-elected. 2020, c. 14, Sched. 8, s. 8.

Restriction

(2) A person is qualified to be appointed or elected to the board only if the person meets the competency criteria, if any, established under subsection (1). 2020, c. 14, Sched. 8, s. 8.

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

2020, c. 14, Sched. 8, s. 8 - 14/07/2020

Employees

9 (1) Subject to the administrative agreement and subsection (3), a designated administrative authority may employ or retain the services of any qualified person to carry out any power or duty of the authority relating to the administration of designated legislation delegated to the authority, including the power to appoint persons under the designated legislation if the power is delegated to the authority.  1996, c. 19, s. 9 (1).

Not employees of the Crown

(2) Persons whom a designated administrative authority employs or whose services the authority retains under subsection (1) and members, officers, directors and agents of a designated administrative authority are not and shall not be deemed to be employees of the Crown, and they shall not hold themselves out as such.  2006, c. 35, Sched. C, s. 120 (1).

Loss of status as employee of the Crown

(3) A public servant employed under Part III of the Public Service of Ontario Act, 2006 who accepts employment in or assignment to an administrative authority is deemed not to be an employee of the Crown for the purpose of this section during the period of the employment or assignment, as the case may be.  2006, c. 35, Sched. C, s. 120 (1).

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

2006, c. 35, Sched. C, s. 120 (1) - 20/08/2007

Not Crown agents

10 (1) Designated administrative authorities and their members, officers, directors, employees and agents, together with the persons whose services the authorities retain, are not agents of the Crown and shall not hold themselves out as agents of the Crown.  1996, c. 19, s. 10 (1).

Same, directors

(2) The directors described in subsection (1) include directors appointed by the Minister.  1996, c. 19, s. 10 (2).

Previous forms

(3) A designated administrative authority to which the administration of designated legislation is delegated that uses forms prescribed in or under the legislation in carrying out the administration shall not hold itself out as an agent of the Crown in those forms.  1996, c. 19, s. 10 (3).

No personal liability, employee of the Crown

11 (1) No action or other proceeding shall be instituted against a current or former employee of the Crown for,

(a)  any act done in good faith in the exercise or performance or intended exercise or performance of a duty or power under this Act, the regulations, a Minister’s order or the designated legislation; or

(b)  any neglect or default in the exercise or performance in good faith of a duty or power described in clause (a). 2020, c. 14, Sched. 8, s. 9 (1).

Tort by employee of the Crown

(2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) of this section does not relieve the Crown of liability in respect of a tort committed by an employee of the Crown to which it would otherwise be subject. 2020, c. 14, Sched. 8, s. 9 (1).

No Crown liability

(3) No cause of action arises against the Crown, a minister of the Crown, a Crown employee or a Crown agent as a direct or indirect result of any act or omission of a person who is not a minister of the Crown, a Crown employee or a Crown agent if the act or omission is related, directly or indirectly, to the exercise or performance or intended exercise or performance of a duty or power under this Act, the regulations, a Minister’s order or the designated legislation. 2020, c. 14, Sched. 8, s. 9 (1).

Same

(3.1) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, shall be instituted against the Crown, a minister of the Crown, a Crown employee or a Crown agent by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in subsection (3). 2020, c. 14, Sched. 8, s. 9 (1).

Application

(3.2) Without limiting the generality of subsection (3.1), that subsection applies to any action or other proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages, including loss of revenue and loss of profit, or any other remedy or relief, and includes a proceeding to enforce a judgment, order or award made by a court, tribunal or arbitrator outside of Canada. 2020, c. 14, Sched. 8, s. 9 (1).

Revocation or restriction

(3.3) Subsections (1) to (3.2) apply, with necessary modifications, in respect of a direct or indirect result of the revocation or restriction of a designation under section 6 or any regulation made under subsection 6 (6). 2020, c. 14, Sched. 8, s. 9 (1).

Indemnification

(4) Subject to the administrative agreement, a designated administrative authority shall indemnify the Crown in respect of damages and costs incurred by the Crown for any act or omission of the administrative authority or its members, officers, directors, employees or agents in carrying out,

(a)  the administration of designated legislation delegated to it; or

(b)  its duties under this Act, the designated legislation or the administrative agreement.  1996, c. 19, s. 11 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 11 (4) of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. 8, s. 9 (2))

Indemnification

(4) A designated administrative authority shall indemnify the Crown, in accordance with the administrative agreement, in respect of damages and costs incurred by the Crown for any act or omission of the administrative authority or its members, officers, directors, employees or agents in the exercise or performance or intended exercise or performance of their duties and powers under this Act, the regulations, a Minister’s order, the designated legislation or the administrative agreement, or for any act or omission otherwise connected to this Act, the regulations, a Minister’s order, the designated legislation or the administrative agreement. 2020, c. 14, Sched. 8, s. 9 (2).

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

2006, c. 35, Sched. C, s. 120 (2, 3) - 20/08/2007

2019, c. 7, Sched. 17, s. 158 - 01/07/2019

2020, c. 14, Sched. 8, s. 9 (1) - 14/07/2020; 2020, c. 14, Sched. 8, s. 9 (2) - not in force

No personal liability

11.1 (1) No action or other proceeding shall be instituted against a person mentioned in subsection (2), or who was formerly such a person, for any act done in good faith in the exercise or performance or intended exercise or performance of any of the person’s duties or powers under designated legislation or a Minister’s order made under designated legislation, or for any neglect or default in the exercise or performance in good faith of such a duty or power. 2020, c. 14, Sched. 8, s. 10.

Application

(2) Subsection (1) applies to the following persons:

1.  A Director or director to whom designated legislation gives duties or powers.

2.  A deputy director,

i.  to whom duties are assigned by a director referred to in paragraph 1, or

ii.  who is acting as a director referred to in paragraph 1.

3.  A Registrar or registrar.

4.  A deputy registrar,

i.  to whom duties are assigned by a registrar, or

ii.  who is acting as a registrar.

5.  An inspector.

6.  An investigator.

7.  A director or an officer of a designated administrative authority.

8.  A person whom a designated administrative authority employs or whose services the authority retains under subsection 9 (1).

9.  An agent of a designated administrative authority.

10.  A member of a discipline committee or of an appeals committee under designated legislation. 2020, c. 14, Sched. 8, s. 10.

Liability of designated administrative authority

(3) Subsection (1) does not relieve a designated administrative authority of liability to which it would otherwise be subject in respect of the acts or omissions of a person mentioned in subsection (2). 2020, c. 14, Sched. 8, s. 10.

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

2006, c. 19, Sched. G, s. 11 (1) - 22/06/2006

2020, c. 14, Sched. 8, s. 10 - 14/07/2020

Forms, fees, etc.

12 (1) Subject to subsection (2), a designated administrative authority may,

(a)  establish forms related to the administration of the designated legislation delegated to it;

(b)  set and collect fees, costs or other charges related to the administration of the designated legislation delegated to it if it does so in accordance with the process and criteria that it establishes and that the Minister has approved;

(c)  set payments that persons are required to make to any fund or account established or continued under the designated legislation whose administration is delegated to it if it does so in accordance with the process and criteria that it establishes and that the Minister has approved; and

(d)  make rules governing the payment of the fees, costs and charges described in clause (b) and the payments described in clause (c). 2020, c. 14, Sched. 8, s. 11 (1).

(1.1) Repealed: 2020, c. 14, Sched. 8, s. 11 (1).

Setting fees

(2) In setting the fees, costs and charges described in clause (1) (b) and the payments described in clause (1) (c), a designated administrative authority may specify the amounts of them or the method for determining the amounts. 2020, c. 14, Sched. 8, s. 11 (1).

Notice to Minister

(3) A designated administrative authority may not establish forms, fees, costs, other charges or payments under subsection (1) that conflict with any provision of the designated legislation or the regulations made under it unless,

(a)  the administrative authority gives written notice to the Minister of all provisions of the designated legislation or the regulations made under it that are involved in the conflict; and

(b)  at least 60 days have passed since the notice referred to in clause (a) is given. 2020, c. 14, Sched. 8, s. 11 (1).

Previous forms and fees

(3.1) All provisions of the designated legislation or the regulations made under it that conflict with forms, fees, costs, other charges and payments that a designated administrative authority establishes under subsection (1) shall be deemed to be of no effect if the administrative authority has complied with subsections (1) and (3). 2020, c. 14, Sched. 8, s. 11 (1).

Publication of fees, etc.

(3.2) A designated administrative authority,

(a)  shall publish the fees, costs, other charges and payments, the process and criteria and the rules referred to in subsection (1) on its website and in any other way required in the administrative agreement; and

(b)  may publish the information referred to in clause (a) in any other format the administrative authority considers advisable. 2020, c. 14, Sched. 8, s. 11 (1).

Not public money

(4) The money that a designated administrative authority collects in carrying out the administration delegated to it is not public money within the meaning of the Financial Administration Act and the administrative authority may use it to carry out activities in accordance with its objects or any other purpose reasonably related to its objects.  1996, c. 19, s. 12 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 12 (4) of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. 8, s. 11 (2))

Not public money

(4) The money that a designated administrative authority collects in carrying out the administration delegated to it is not public money within the meaning of the Financial Administration Act and, subject to subsection 7 (3), the administrative authority may use it to carry out activities in accordance with its objects or any other purpose reasonably related to its objects. 2020, c. 14, Sched. 8, s. 11 (2).

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

2006, c. 19, Sched. G, s. 11 (2-5) - 22/06/2006

2020, c. 14, Sched. 8, s. 11 (1) - 14/07/2020; 2020, c. 14, Sched. 8, s. 11 (2) - not in force

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2020, c. 14, Sched. 8, s. 12)

Public access to by-laws

12.1 A designated administrative authority shall make its by-laws available on its website, and by any other means that the administrative authority determines, within the time specified in the administrative agreement or, if no time is specified in the agreement, within 10 days after the by-laws are passed by the board of the administrative authority. 2020, c. 14, Sched. 8, s. 12.

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

2020, c. 14, Sched. 8, s. 12 - not in force

Public access to information

12.2 A designated administrative authority shall follow the prescribed processes and procedures, if any, with respect to providing access to the public to records of the administrative authority and with respect to managing personal information contained in those records. 2020, c. 14, Sched. 8, s. 13.

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

2020, c. 14, Sched. 8, s. 13 - 14/07/2020

Disclosure of compensation and other payments

12.3 (1) The Minister may, by order, require a designated administrative authority to make available to the public, on its website and by any other means that the administrative authority determines, any information specified by the Minister relating to,

(a)  the compensation that the administrative authority pays to members of its board of directors, its officers and its employees; and

(b)  any other payments that the administrative authority makes or is required to make to the persons mentioned in clause (a). 2020, c. 14, Sched. 8, s. 13.

Information for prior period

(2) An order made under subsection (1) may require that the designated administrative authority make available to the public information referred to in that subsection with respect to a member of the board of directors or one of its officers who was in office on the day this section came into force or an individual who was one of its employees on that day, where the information is for a period that began before that day. 2020, c. 14, Sched. 8, s. 13.

Effect of compliance

(3) If the designated administrative authority makes information available to the public in accordance with an order made under subsection (1) or in the reasonable belief that action is required by the order, no court, person or other entity shall find that the administrative authority,

(a)  has contravened any Act enacted or regulation made before or after this section came into force; or

(b)  is in breach of or has contravened any agreement that purports to restrict or prohibit that action, regardless of whether the agreement is made before or after this section came into force. 2020, c. 14, Sched. 8, s. 13.

Definition

(4) In this section,

“compensation” means anything paid or provided, directly or indirectly, to or for the benefit of a person who performs duties and functions that entitle the person to be paid, and includes salary, benefits, perquisites and all forms of non-discretionary and discretionary payments. 2020, c. 14, Sched. 8, s. 13.

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

2020, c. 14, Sched. 8, s. 13 - 14/07/2020

Audit

12.4 (1) The Auditor General appointed under the Auditor General Act may conduct an audit of a designated administrative authority, other than an audit required under the Corporations Act. 2020, c. 14, Sched. 8, s. 14 (1).

Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, subsection 12.4 (1) of the Act is amended by striking out “Corporations Act” at the end and substituting “Not-for-Profit Corporations Act, 2010”. (See: 2020, c. 14, Sched. 8, s. 14 (2))

Access

(2) When the Auditor General conducts an audit under subsection (1), the designated administrative authority shall give the Auditor General and employees of the Auditor General access to all records and other information required to conduct the audit. 2020, c. 14, Sched. 8, s. 14 (1).

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

2020, c. 14, Sched. 8, s. 14 (1) - 14/07/2020; 2020, c. 14, Sched. 8, s. 14 (2) - not in force

Reports

13 (1) The board of a designated administrative authority shall report to the Minister within one year of the effective date of its designation under this Act, and each year after that, on its activities and financial affairs in respect of this Act, the administrative agreement, the designated legislation for which administration is delegated to the administrative authority and the regulations made under this Act and the designated legislation. 2020, c. 14, Sched. 8, s. 15.

Form and contents

(2) The report shall be in a form acceptable to the Minister and shall provide the particulars that the Minister requires. 2020, c. 14, Sched. 8, s. 15.

Disclosure by administrative authority

(3) The board of a designated administrative authority shall publish the report on its website and by any other method within the period and in the manner the Minister requires. 2020, c. 14, Sched. 8, s. 15.

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

1999, c. 12, Sched. F, s. 41 - 22/12/1999

2020, c. 14, Sched. 8, s. 15 - 14/07/2020

Policy directions

13.1 (1) Subject to section 13.7, the Minister may issue policy directions to a designated administrative authority relating to its administration of designated legislation, after giving the administrative authority the notice that the Minister considers reasonable in the circumstances. 2020, c. 14, Sched. 8, s. 15.

Part of agreement

(2) The policy directions issued under subsection (1) are deemed to form part of the administrative agreement. 2020, c. 14, Sched. 8, s. 15.

Compliance required

(3) The designated administrative authority shall comply with the policy directions and shall implement measures to do so. 2020, c. 14, Sched. 8, s. 15.

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

2020, c. 14, Sched. 8, s. 15 - 14/07/2020

Consultation

13.2 The Minister may consult with a designated administrative authority about proposed legislative or policy changes that may affect the administrative authority and its activities. 2020, c. 14, Sched. 8, s. 15.

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

2020, c. 14, Sched. 8, s. 15 - 14/07/2020

Advisory councils

13.3 (1) The Minister may, by order, require a designated administrative authority to,

(a)  establish one or more advisory councils; and

(b)  include, as members of an advisory council, representatives of the public, consumer groups, businesses or government organizations and other persons as the Minister determines. 2020, c. 14, Sched. 8, s. 15.

Advisory process

(2) The Minister may, by order, require a designated administrative authority to undertake an advisory process in which it seeks advice from one or both of the public and persons with experience or knowledge relating to the designated legislation that is delegated to the administrative authority. 2020, c. 14, Sched. 8, s. 15.

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

2020, c. 14, Sched. 8, s. 15 - 14/07/2020

Minister’s authority to require reviews

13.4 (1) The Minister may,

(a)  require that policy, legislative or regulatory reviews related to designated legislation that is delegated to an administrative authority or the administrative agreement be carried out,

(i)  by or on behalf of the designated administrative authority, or

(ii)  by a person or entity specified by the Minister; and

(b)  require that reviews of a designated administrative authority, of its operations, or of both, including, without limitation, performance, governance, accountability and financial reviews, be carried out,

(i)  by or on behalf of the administrative authority, or

(ii)  by a person or entity specified by the Minister. 2020, c. 14, Sched. 8, s. 15.

Access to records, etc.

(2) When a review is carried out under subsection (1) (a) (ii) or (1) (b) (ii), the designated administrative authority shall give the person or entity specified by the Minister and the person’s or entity’s employees or agents access to all records and other information required to conduct the review. 2020, c. 14, Sched. 8, s. 15.

Terms and conditions

(3) The Minister may impose terms and conditions relating to a review the Minister requires under subsection (1). 2020, c. 14, Sched. 8, s. 15.

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

2020, c. 14, Sched. 8, s. 15 - 14/07/2020

Duty to advise the Minister

13.5 A designated administrative authority shall promptly inform and advise the Minister with respect to,

(a)  any information that could affect the administrative authority’s ability to perform its duties under this Act or the designated legislation; and

(b)  any urgent or critical matter that is likely to require action by the Minister to ensure that the administration of designated legislation delegated to the administrative authority is carried out properly. 2020, c. 14, Sched. 8, s. 15.

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

2020, c. 14, Sched. 8, s. 15 - 14/07/2020

Advice or reports

13.6 (1) A designated administrative authority shall advise or report to the Minister, within the time period that the Minister specifies, on any matter that the Minister refers to it and that relates to this Act or the designated legislation delegated to the administrative authority. 2020, c. 14, Sched. 8, s. 15.

Suggestions

(2) A designated administrative authority may suggest to the Minister amendments to Ontario legislation that it considers would further the purpose of this Act or of the designated legislation or would assist the administrative authority in administering the designated legislation delegated to the administrative authority. 2020, c. 14, Sched. 8, s. 15.

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

2020, c. 14, Sched. 8, s. 15 - 14/07/2020

Conditions precedent

13.7 The Minister may exercise a power under subsection 4 (4), 5.1 (1) or 8.1 (1) or section 13.1 or any other provision prescribed in the regulations only if the Minister is of the opinion that it is advisable to exercise the power in the public interest because at least one of the following conditions is satisfied:

1.  The exercise of the power is necessary to prevent serious harm to public safety or to the interests of the public or consumers.

2.  An event of force majeure has occurred.

3.  The designated administrative authority is facing a risk of insolvency.

4.  The number of members of the board of the authority is insufficient for a quorum. 2020, c. 14, Sched. 8, s. 15.

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

2020, c. 14, Sched. 8, s. 15 - 14/07/2020

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2020, c. 14, Sched. 8, s. 16)

Provision of services in French

13.8 (1) A person has the right to communicate in French with a designated administrative authority and to receive available services in French from the administrative authority. 2020, c. 14, Sched. 8, s. 16.

Board to ensure

(2) The board of directors of the designated administrative authority shall take all reasonable measures and make all reasonable plans to ensure that persons may exercise the right to use French given by this section. 2020, c. 14, Sched. 8, s. 16.

Limitation

(3) The right to use French given by this section is subject to the limits that are reasonable in the circumstances and to any exemptions that may be provided for in the regulations. 2020, c. 14, Sched. 8, s. 16.

Definition

(4) In this section,

“service” means any service or procedure that is provided to the public by a designated administrative authority in the administration of the designated legislation delegated to the administrative authority and includes responding to inquiries from members of the public and any communications for the purpose of providing the service or procedure. 2020, c. 14, Sched. 8, s. 16.

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

2020, c. 14, Sched. 8, s. 16 - not in force

Offences

14 (1) A designated administrative authority that knowingly contravenes this Act, the designated legislation for which administration is delegated to the administrative authority or the regulations made under this Act or the designated legislation is guilty of an offence and on conviction is liable to a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues.  1996, c. 19, s. 14 (1).

Individuals

(2) A director, officer, employee or agent of a designated administrative authority who knowingly contravenes the designated legislation for which administration is delegated to the administrative authority or the regulations made under it is guilty of an offence.  1996, c. 19, s. 14 (2).

Parties to offences

(3) A director or officer of a designated administrative authority is guilty of an offence who,

(a)  knowingly causes, authorizes, permits or participates in the commission by the administrative authority of an offence mentioned in subsection (1); or

(b)  fails to take reasonable care to prevent the administrative authority from committing an offence mentioned in subsection (1).  1996, c. 19, s. 14 (3).

Penalty

(4) A person who is convicted of an offence under subsection (2) or (3) is liable to a fine of not more than $25,000 for each day or part of a day on which the offence occurs or continues.  1996, c. 19, s. 14 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2020, c. 14, Sched. 8, s. 17)

Publication of orders

14.1 The Minister shall publish any orders that the Minister makes under this Act on a website of the Government of Ontario. 2020, c. 14, Sched. 8, s. 17.

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

2020, c. 14, Sched. 8, s. 17 - not in force

Non-application

14.2 Subsections 129 (2) and (3) of the Corporations Act do not apply to a designated administrative authority with respect to by-laws that are necessary to implement a Minister’s order made under this Act. 2020, c. 14, Sched. 8, s. 18 (1).

Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, section 14.2 of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. 8, s. 18 (2))

Non-application

14.2 Subsections 17 (2) to (5) of the Not-for-Profit Corporations Act, 2010 do not apply to a designated administrative authority with respect to by-laws that are necessary to implement a Minister’s order made under this Act. 2020, c. 14, Sched. 8, s. 18 (2).

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

2020, c. 14, Sched. 8, s. 18 (1) - 14/07/2020; 2020, c. 14, Sched. 8, s. 18 (2) - not in force

Regulations

15 (1) The Lieutenant Governor in Council may make regulations,

(0.a)  prescribing anything that, under this Act, may be prescribed in the regulations;

(0.b)  defining words and expressions used in this Act that are not otherwise defined in this Act;

(0.c)  governing any transitional matters arising from the enactment of Schedule 8 to the Rebuilding Consumer Confidence Act, 2020;

(a)  designating an Act named in the Schedule, a regulation made under that Act or provisions of that Act or that regulation as designated legislation for the purpose of this Act;

(b)  designating administrative authorities for the purpose of administering designated legislation and specifying in the designation the part of the administration of the designated legislation that is delegated to them;

(c)  providing for proceedings under designated legislation, including hearings, appeals and the right of designated administrative authorities to whom the administration of designated legislation is delegated to recover from the parties to the proceedings the costs and expenses that they incur in respect of the proceedings;

(c.1)  providing for further exemptions from or alterations to the application of the Corporations Act or the regulations made under it to designated administrative authorities;

Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, clause 15 (1) (c.1) of the Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”. (See: 2020, c. 14, Sched. 8, s. 19 (3))

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 15 (1) of the Act is amended by adding the following clause: (See: 2020, c. 14, Sched. 8, s. 19 (4))

(c.2)  exempting services from the application of section 13.8;

(d)  respecting any matter that the Lieutenant Governor in Council considers advisable to carry out effectively the intent and purpose of this Act or designated legislation.  1996, c. 19, s. 15 (1); 2020, c. 14, Sched. 8, s. 19 (1, 2).

Scope of regulations

(2) A regulation may be general or particular in its application.  1996, c. 19, s. 15 (2).

Conflict

(3) If there is a conflict between a regulation made under clause (1) (0.c) and any Act or any other regulation, the regulation made under that clause prevails. 2020, c. 14, Sched. 8, s. 19 (5).

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

2020, c. 14, Sched. 8, s. 19 (1, 2, 5) - 14/07/2020; 2020, c. 14, Sched. 8, s. 19 (3, 4) - not in force

16-26 Omitted (amends or repeals other Acts).  1996, c. 19, ss. 16-26.

27 Omitted (provides for coming into force of provisions of this Act).  1996, c. 19, s. 27.

28 Omitted (enacts short title of this Act).  1996, c. 19, s. 28.

SCHEDULE

Note: On a day to be named by proclamation of the Lieutenant Governor, the Schedule to the Act is amended by adding the following item: (See: 2020, c. 14, Sched. 8, s. 20)

Condominium Management Services Act, 2015

Electricity Act, 1998

Film Classification Act, 2005

Funeral, Burial and Cremation Services Act, 2002

Motor Vehicle Dealers Act, 2002

Real Estate and Business Brokers Act, 2002

Note: On a day to be named by proclamation of the Lieutenant Governor, the Schedule to the Act is amended by striking out the following item: (See: 2020, c. 1, s. 37 (1))

Real Estate and Business Brokers Act, 2002

Travel Industry Act, 2002

Note: On a day to be named by proclamation of the Lieutenant Governor, the Schedule to the Act is amended by adding the following item: (See: 2020, c. 1, s. 37 (2))

Trust in Real Estate Services Act, 2002

1996, c. 19, Sched.; 1998, c. 15, Sched. E, s. 46; 2000, c. 16, s. 46; 2002, c. 33, s. 152; 2004, c. 19, s. 21; 2005, c. 17, s. 50; 2009, c. 28, s. 16.

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

1998, c. 15, Sched. E, s. 46 - 31/03/2003

2000, c. 16, s. 46 - 27/06/2001

2002, c. 30, Sched. E, s. 19 - no effect - see 2004, c. 19, s. 8 (4) - 30/06/2005; 2002, c. 33, s. 152 - 01/07/2012

2004, c. 19, s. 21 (1) - 01/01/2010; 2004, c. 19, s. 21 (2) - 31/03/2006; 2004, c. 19, s. 21 (3) - 01/07/2005

2005, c. 17, s. 50 - 31/08/2005

2009, c. 28, s. 16 - 01/05/2010

2020, c. 1, s. 37 (1, 2) - not in force; 2020, c. 14, Sched. 8, s. 20 - not in force

______________

 

Français