Protection of Minors in Amateur Sports Act, 2012 Ouellette, Jerry J. — Bill 24 (40th Parliament, 1st Session)

Bill 24, 40-1

Ontario — Bills

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Bill 24, Protection of Minors in Amateur Sports Act, 2012

Ouellette, Jerry J.

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[40] Bill 24 Original (PDF)

Bill 24 2011

Act to provide protection for minors participating in amateur sports

CONTENTS

Definitions

Definitions

Obligations

Requirement

for criminal record check

Frequency

for criminal record checks

Response

by police force

Investigations

Investigators

Investigation

without warrant

General

Non-compellable

witness

Crown

liability

Offences

Regulations

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:

Definitions

Definitions

1. In this Act,

"amateur

sports program" means a series of events involving a specific sport, where a

person is not required to be a professional in order to participate in the

program, but does not include a program of sporting events specified by the

regulations; (" programme

de sports amateur ")

"criminal record", with respect to a person, means a record of the

offences under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or any other

Act of Canada of which the person has been convicted and for which the person

has not received a pardon under the Criminal Records Act (Canada);

(" casier judiciaire ")

"investigator" means an investigator appointed under

section 5; (" enquêteur ")

"Minister" means the Attorney General or whatever other member of the

Executive Council to whom the administration of this Act is assigned under the Executive Council Act ; ("ministre")

"regulations" means the regulations made under this Act. (" règlements ")

Obligations

Requirement

for criminal record check

(1) No organizer of an amateur

sports program in which persons under 18 years of age may participate and no

agent acting on behalf of such an organizer shall retain or continue to retain

the services of a person, whether for consideration or not, to act in a

position described in subsection (2) in respect of the program unless the

organizer or the agent,

(

a) no

earlier than four years before the day on which the program begins and no later

than the day on which the program begins, has requested in writing a copy of

the criminal record of the person from a police force and has included in the

request the written consent of the person to have the police force release the

copy to the organizer or the agent, as the case may be; and

(

b) no

earlier than four years before the day on which the program begins and no later

than 90 days after the day on which the program begins, has obtained, from the

police force, the copy described in clause (

a) or a written response stating

that the police force is legally prohibited from releasing the copy.

Positions

affected

(2) The positions mentioned in subsection (1) consist of

the positions of a referee, other official, trainer, coach or any other

position that involves dealing with persons under 18 years of age on a regular

basis.

Consent

(3) No person shall act in a position described in

subsection (2) in respect of an amateur sports program in which persons under

18 years of age may participate unless the person provides a written consent to

the organizer of the program, upon the latter's request, to have a police force

release to the organizer or an agent acting on the organizer's behalf a copy of

the criminal record of the person.

Frequency

for criminal record checks

(1) Every organizer of an amateur

sports program in which persons under 18 years of age may participate shall

have a policy that requires the organizer to request, at least every four years

from a police force, a copy of the criminal record of every person that the

organizer retains in a position described in subsection 2 (2) in respect of the

program.

Compliance

(2) The organizer shall comply with the policy mentioned

in subsection (1), but nothing in that subsection shall prevent the organizer

from requesting a copy of a criminal record more frequently than is required

under that subsection.

Response

by police force

4. A police force that receives a request under

section 2 or 3 from an organizer of an amateur sports program or an agent of

such an organizer for a copy of a criminal record of a person shall release the

copy to the organizer or the agent, as the case may be, if the police force is

not legally prohibited from doing so.

Investigations

Investigators

(1) The Minister may appoint any

person to be an investigator for the purpose of determining whether a person

has complied with this Act or the regulations.

Certificate

of appointment

(2) The Minister shall issue to every investigator a

certificate of appointment bearing the Minister's signature or a facsimile of

it.

Police

officers

(3) Police officers, by virtue of office, are

investigators for the purposes of this Act and the regulations, but subsection

(2) does not apply to them.

Proof

of appointment

(4) Every investigator who exercises powers under this Act

shall, upon request, produce the certificate of appointment as an investigator

or identification as a police officer, as the case may be.

Investigation

without warrant

6 .

(1) An investigator may,

without warrant or court order, conduct an investigation in accordance with

this

section if the investigator does so for the purpose of determining whether

a person has contravened or failed to comply with this Act or the regulations.

Powers

of investigator

(2) In an investigation under this section, an

investigator may,

(

a) enter

and inspect any premises in accordance with this

section if the investigator

has reasonable grounds to believe that an organizer of an amateur sports

program is using it to run the program or to store a copy of the criminal

record of a person acting in a position described in subsection 2 (2) in

respect of the program;

(

b) inquire

into all records and other matters that are relevant to an investigation;

(

c) demand

the production for inspection of any thing relevant to the investigation;

(

d) use

any data storage, processing or retrieval device or system belonging to the

persons being inspected in order to produce a record in readable form of the

records and other matters produced in response to a demand mentioned in clause

(c); or

(

e) in

accordance with the regulations, seize or detain any thing relevant to the

investigation if the thing is capable of being seized or detained.

Entry

to dwellings

(3) An investigator shall not, without the consent of the

occupier, exercise a power to enter a place that is being used as a dwelling,

except under the authority of a search warrant issued under

section 158 of the Provincial Offences Act .

Time

for entry

(4) An investigator shall exercise the power to enter a

premises under this

section only during reasonable hours for the premises.

Written

demand

(5) A demand for things or copies or extracts from them

under subsection (2) shall be in writing and shall include a statement of the

nature of the things that are required to be produced.

obstruction

(6) No person shall obstruct an investigator who is exercising

powers under this

section or provide an investigator with false or misleading

information.

Assistance

(7) An investigator who exercises powers under this

section

may,

(

a) call

on any person for whatever assistance the investigator considers necessary to

accomplish what the investigator is empowered to do;

(

b) call

for the assistance of any member of the Ontario Provincial Police or the

municipal police force in the area where the assistance is required to preserve

the peace.

Person

assisting

(8) A person assisting an investigator in exercising powers

under this

section has the powers of an investigator while acting under the

direction of the investigator.

Police

(9) It is the duty of every member of a police force

called to render assistance under clause (7) (

b) to render the assistance.

Obligation

to assist

(10) If an investigator makes a demand for any thing under

subsection (2), the person having custody of the thing shall produce it to the

investigator and, at the request of the investigator, shall provide whatever

assistance is reasonably necessary, including using any data storage,

processing or retrieval device or system to produce a record in readable form,

if the demand is for a document.

Removal

of things

(11) If a person produces things to an investigator, the

investigator may, on issuing a written receipt, remove them and may,

(

a) review

or copy any of them or part of them; or

(

b) bring

them before a justice, in which case

section 159 of the Provincial

Offences Act applies.

Return

of things seized

(12) The investigator shall carry out any reviewing or

copying of things with reasonable dispatch, and shall forthwith after the

reviewing or copying return the things to the person who produced them.

Admissibility

of copies

(13) A copy certified by an investigator as a copy made

under clause (11) (

a) is admissible in evidence to the same extent, and

has the same evidentiary value, as the thing copied.

General

Non-compellable

witness

7 . No person employed in the

administration or enforcement of this Act shall be required to give testimony

in any civil proceeding, except in a proceeding under this Act, with regard to

information obtained in the discharge of the person's duties.

Crown

liability

8 .

(1) In this section,

"Crown

appointee" means a person who is appointed under this Act but who is not a

public servant; (" représentant

de la Couronne ")

"public servant" means a public servant employed under

Part III of the Public Service of Ontario Act, 2006 . (" fonctionnaire ")

liability

(2) No action or other proceeding shall be instituted

against the Crown, the Minister or any employee in the Ministry,

(

a) for

any act done or neglect or default in the execution or intended execution of a

power or duty under this Act by,

(

i) a

person who is not a public servant and not a Crown appointee, or

(ii) a

person who is assisting an investigator in exercising powers under

section 6,

if the investigator is not a public servant or not a Crown appointee; or

(

b) for

any tort committed by a person described in clause (

a) or an employee or agent

of the person in relation to a power or duty described in that clause.

personal liability

(3) Except in the case of an application for judicial

review or an action or proceeding that any Act or regulation under this or any

other Act specifically provides with respect to a person mentioned in this

subsection, no action or other proceeding for damages or otherwise shall be

instituted against any of the following persons for any act done in good faith

in the execution or intended execution of any duty or authority under this Act

or for any alleged neglect or default in the execution in good faith of that

duty or authority:

1. An

employee in the Ministry.

2. A

public servant.

3. A

Crown appointee.

4. A

person who is assisting an investigator in exercising powers under

section 6,

if the investigator is a public servant or a Crown appointee.

Crown

liability

(4) Subsection (3) does not, by reason of subsections 5

(2) and (4) of the Proceedings Against the Crown Act ,

relieve the Crown of liability in respect of a tort committed by an agent or

servant of the Crown to which it would otherwise be subject.

Offences

(1) A person who contravenes

section 2 or 3 or subsection 6 (6) is guilty of an offence.

Directors,

officers

(2) If a corporation commits an offence under this Act,

every director, officer, employee or other agent of the corporation who

authorized, or

Document details

Collection	Ontario — Bills
Citation	Bill 24, 40-1
Type	bill
Volume / chapter	p40 s1 bill 24 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	84e75d7d60b866f45d0e486e93f54a5c9f86ac1c

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