Regulatory Modernization Act, 2007 Peters, Hon. Steve Minister of Labour — Bill 69 (38th Parliament, 2nd Session)

Bill 69, 38-2

Ontario — Bills

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Bill 69, Regulatory Modernization Act, 2007

Peters, Hon. Steve Minister of Labour

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Status

Debates

Acts affected

Original

As Amended by Standing Committee

Royal Assent

[38] Bill 69 Royal Assent (PDF)

Bill 69 2007

Act to allow for information sharing about regulated organizations to improve

efficiency in the administration and enforcement of regulatory legislation and

to make consequential amendments to other Acts

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca

CONTENTS

PART I

INTERPRETATION AND APPLICATION

Interpretation

Scope

of Act

Crown

bound

Types of

Information and Purposes for which it may be Collected, etc.

Types

of information

Purposes

PART II

INFORMATION SHARING

Authorizations

to Collect, Use and Disclose Information

Designating

legislation – information sharing

Authorization

to collect and use information

FIPPA

Observations Made While Exercising Functions under

Legislation

Observing

and disclosing

Publication of Specified Information

Designating

legislation – publication

FIPPA

Legislation no Longer in Force

Designating

repealed legislation

PART III

AUTHORIZATIONS TO EXERCISE FUNCTIONS UNDER MULTIPLE ACTS OR REGULATIONS

Designating

legislation – multiple authorizations

Multiple

authorizations – one Minister

PART IV

GENERAL

Sentencing

Considerations

Previous

conviction

Liability,

Compellability in Civil Proceedings

Protection

from personal liability

Compellability,

civil proceeding

Production,

civil proceeding

Regulations

Regulations

PART V

CONSEQUENTIAL AMENDMENTS

Athletics

Control Act

Bailiffs

Act

Bailiffs

Act

Cemeteries

Act (Revised)

Collection

Agencies Act

Collection

Agencies Act

Consumer

Protection Act, 2002

Consumer

Reporting Act

Consumer

Reporting Act

Electricity

Act, 1998

Environmental

Protection Act

Food

Safety and Quality Act, 2001

Funeral

Directors and Establishments Act

Funeral,

Burial and Cremation Services Act, 2002

Motor

Vehicle Dealers Act

Motor

Vehicle Dealers Act, 2002

Motor

Vehicle Dealers Act, 2002

Nutrient

Management Act, 2002

Oil,

Gas and Salt Resources Act

Public

Vehicles Act

Real

Estate and Business Brokers Act, 2002

Real

Estate and Business Brokers Act, 2002

Technical

Standards and Safety Act, 2000

Travel

Industry Act, 2002

Waste

Diversion Act, 2002

PART VI

COMMENCEMENT AND

SHORT TITLE

Commencement

Short

title

______________

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Part I

interpretation and application

Interpretation

(1) In

this Act,

"designated

legislation" means legislation that is designated for the purposes of

section

7, 10 or 14, as the context requires; (" texte législatif désigné" )

"information" includes personal

information; ("renseignements")

"legislation" means

an Act or a

regulation; ("texte législatif")

"personal information" means

personal information within the meaning of the Freedom of

Information and Protection of Privacy Act ; ("renseignements personnels")

"prescribed" means prescribed in the

regulations. ("prescrit")

Meaning

of "organization"

(2) In this Act, a reference to an "organization" means an

entity to which designated legislation applies and in respect of which some or

all of the types of information set out in

section 4 are collected under the

authority of or for the purposes of the designated legislation.

Some

individuals are "organizations"

(3) An individual shall be considered to be an entity for

the purposes of subsection (2) only if,

(

a) the

individual is a sole proprietor and the designated legislation applies to him

or her in that capacity; or

(

b) the

individual is a partner in a partnership and the designated legislation applies

to him or her in that capacity.

Meaning of "Minister responsible"

(4) In this Act, a reference to a "Minister responsible"

for

an Act or for a regulation means,

(

a) in

the case of

an Act or part of

an Act, the Minister responsible for the administration

of the Act or part of the Act, as the case may be;

(

b) in

the case of a regulation, the Minister responsible for the administration of

the provision of the Act under which the regulation is made.

Scope

of Act

2. Nothing

in this Act shall be interpreted to,

(

a) limit the collection, use or disclosure of

information if the collection, use or disclosure is authorized or required by

law;

(

b) authorize or require the collection, use or

disclosure of information if the collection, use or disclosure is prohibited by

law;

(

c) limit or interfere with any power or duty

that a person may have, including but not limited to, the power or duty of a

head of an institution, within the meaning of the Freedom

of Information and Protection of Privacy Act , to refuse to disclose information

in accordance with that Act.

Crown

bound

3. This

Act binds the Crown.

Types of Information and Purposes for which it may be

Collected, etc.

Types

of information

4. The

following types of information may be collected, used and disclosed in

accordance with an authorization made under

section 7 or 14:

1. The legal name of an

organization.

2. The name under which an

organization operates, if it is not the legal name.

3. The address, telephone

number, fax number and e-mail address of a facility, principal place, head

office or other place where the organization operates.

4. Any identifying number,

symbol or other identifier assigned to an organization under designated legislation.

5. Statistical information

about an organization and the sector or industry in which the organization operates.

6. With respect to a licence,

permit, certificate or other similar approval that an organization may or is

required to obtain under designated legislation, information about its issuance

or renewal, a refusal to issue or renew it or its suspension, revocation or

cancellation.

7. Information about complaints

filed in respect of an organization where the complaint is regarding conduct

that may be in contravention of designated legislation.

8. Information compiled in

connection with an examination, test, audit, inspection, investigation or other

inquiry with respect to an organization under designated legislation, including

but not limited to, information regarding forms, notes or reports generated by

the inquiry.

9. Information related to an

organization's compliance with designated legislation, including but not

limited to, information about convictions and penalties imposed on conviction

and information regarding orders or notices issued under the designated

legislation.

10. With

respect to an organization, any other type of information that is prescribed.

11. With

respect to an owner, officer or director of an organization,

i. his

or her name, home address and home telephone number, and

ii. the

types of information described in paragraphs 8 and 9 where they pertain to the

owner, officer or director in that capacity.

Purposes

5. The

following are purposes for which information may be collected, used and

disclosed in accordance with an authorization made under

section 7 or 14:

1. To conduct statistical and

risk analysis.

2. To update or verify the

accuracy of records.

3. To assist with

determinations regarding an organization's entitlement or eligibility for a

licence, permit, certificate or other approval under designated legislation.

4. To assist in the planning

and conduct of an examination, test, audit, inspection or other inquiry under

designated legislation.

5. To assist with an appeal,

review or other similar administrative proceeding under designated legislation.

6. To assist with a sentencing

proceeding.

7. To compile information about

an organization's compliance with designated legislation.

8. To make the following

available to the public:

i. the types of

information described in paragraphs 5 to 10 of

section 4, and

ii. information about

convictions and penalties imposed on conviction in the case of an individual

who is not an organization.

9. Any other prescribed purpose

related to the administration and enforcement of designated legislation.

Part

information sharing

Authorizations to

Collect, Use and Disclose Information

Designating

legislation – information sharing

(1) The

Lieutenant Governor in Council may make regulations designating legislation for

the purposes of

section 7.

Same

(2) A regulation made under this

section may,

(

a) designate

an Act or regulation in whole or in part;

(

b) specify

that a designation is limited and only applies for such purposes as are set out

in the regulation.

Regulations

designated by default

(3) Where all or part of

an Act is designated under this

section, all regulations made under that Act are also designated, unless the

regulations designating that Act provide otherwise.

Authorization

to collect and use information

(1) A

Minister responsible for

an Act or regulation designated for the purposes of

this

section may authorize any person or class of persons to collect and use

information that was originally collected under the authority of or for the

purposes of any other legislation designated for the purposes of this section.

Authorization

to disclose information

(2) A Minister responsible for

an Act or regulation

designated for the purposes of this

section may authorize any person or class

of persons to disclose information that was originally collected under the

authority of or for the purposes of that Act or regulation.

Limitation

on collection, etc.

(3) No person shall,

(

a) in

exercising an authorization under subsection (1), collect information other

than from a person who is authorized to disclose that information under subsection

(2); and

(

b) in

exercising an authorization under subsection (2), disclose information other

than to a person who is authorized to collect that information under subsection

(1).

Requirements

for authorizations

(4) An authorization under this

section shall,

(

a) be

in writing;

(

b) specify

the type or types of information, from those described in

section 4, for which

it applies;

(

c) specify

the purpose or purposes, from those described in

section 5, for which it

applies; and

(

d) specify

the time period for which it is valid.

Minister's

powers

(5) A Minister may, on issuing an authorization under this

section, or at any other time, attach such conditions to the authorization as

he or she considers appropriate.

Same

(6) A Minister may delegate any of his or her powers under

this section.

Authorizations

re existing information

(7) For greater certainty, an authorization under this

section may be made in respect of information that was originally collected

under the authority of or for the purposes of legislation designated for the

purposes of this section,

(

a) before the day on which the

legislation was so designated;

(

b) before the day on which this

Act came into force.

FIPPA

8. Any

disclosure of personal information that is authorized under

section 7 shall be

deemed to be in compliance with clause 42 (1) (

e) of the

Freedom of Information and Protection of Privacy Act.

Observations Made While Exercising Functions under Legislation

Observing

and disclosing

(1) A

person who is lawfully present in a place in the exercise of powers or

performance of duties under

an Act or regulation and who makes an observation,

visual or otherwise, that is likely to be re

Document details

Collection	Ontario — Bills
Citation	Bill 69, 38-2
Type	bill
Volume / chapter	p38 s2 bill 69 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	412957fc9cf45b97984ac138ac51ddd31f50ff46

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