Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 — Bill 152 (38th Parliament, 2nd Session)

Bill 152, 38-2

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Bill 152, Ministry of Government Services Consumer Protection and Service Modernization Act, 2006

Phillips, Hon. Gerry Minister of Government Services

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Debates

Acts affected

Original

Bill 152 2006

An Act to modernize

various Acts administered by

or affecting the Ministry of

Government Services

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 .

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Alcohol and Gaming Regulation and Public Protection Act, 1996

1. (1) Subsection 3 (1) of the Alcohol and Gaming Regulation and Public Protection Act, 1996 is amended by striking out " Wine Content Act " and substituting

" Wine Content and Labelling Act, 2000 ".

(2) The Act is amended by adding the following section:

Monetary penalties

14.1

(1) The board of the Commission may establish, subject to the approval of the Minister, a

schedule of monetary penalties that may be imposed with respect to contraventions of those Acts and

regulations administered by the Commission that are prescribed by the regulations.

Registrar's power to impose penalty

(2) The Registrar may impose monetary penalties set out in the

schedule established by the board of the Commission.

Guidelines to be considered

(3) In deciding to impose a monetary penalty, the Registrar shall have regard to the guidelines governing the imposition of such penalties established by the board under

section 4.

Use of money

(4) Money received from monetary penalties may be used for the following purposes only:

1. Public awareness, education and training programs for the general public in relation to alcohol and gaming.

2. Education and training programs for licence holders, permit holders and other persons governed by the Acts and regulations administered by the Commission that are prescribed by the regulations.

Appeal

(5) A person on whom a monetary penalty is imposed may appeal to the board of the Commission, in which case a hearing shall be held in accordance with

section 10.

Power of board on hearing

(6) The panel of the board holding the hearing may confirm the monetary penalty or set it aside.

Decision final

(7) A decision of the board under subsection (6) is final and not subject to appeal to the Divisional Court under

section 11.

(3) Clause 16 (

a) of the Act is amended by striking out "

Wine Content Act

" and substituting "

Wine Content and Labelling Act, 2000

(4) Section 16 of the Act is amended by adding the following clause:

(b.1) prescribing Acts and regulations for the purposes of

section 14.1;

Athletics Control Act

(1) The definition of "professional contest or exhibition" in

section 1 of the Athletics Control Act is repealed and the following substituted:

"professional contest or exhibition" means a contest or exhibition of professional boxing or any other professional sport that is designated by the regulations; ("compétition ou exhibition professionnelle")

(2) Section 1 of the Act is amended by adding the following definition:

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

(3) Subsection 4 (2) of the Act is repealed.

(4) Subsection 4 (3) of the Act is amended by striking out "professional contests and exhibitions" and substituting "professional contests or exhibitions".

(5) Subsection 5 (1) of the Act is amended by striking out "boxing or wrestling".

(6) The French version of subsections 5 (2) to (5) of the Act is amended by striking out "professionnelles" wherever that expression appears and substituting in each case "professionnelle".

(7) Subsection 6 (1) of the Act is repealed and the following substituted:

Impounding of purses

(1) The Commissioner may order any person to deliver to him or her forthwith any money that was paid or may be payable in connection with a professional contest or exhibition if the Commissioner or any other person charges that,

(

a) the contest or exhibition was conducted in contravention of this Act or the regulations;

(

b) an agreement, contract or undertaking with respect to the contest or exhibition was entered into in contravention of this Act or the regulations; or

(

c) the conduct of a person connected with or participating in the contest or exhibition was in contravention of this Act or the regulations or was not in the interest of the professional sport involved.

Same

(1.1) The Commissioner shall impound the money delivered under subsection (1) pending the disposition of the charge.

(8) Subsection 10 (1) of the Act is repealed and the following substituted:

Prohibiting use of building

(1) If money payable to the Minister under this Act or the regulations in respect of a professional contest or exhibition is not received by the Minister within one week of the holding of the contest or exhibition, the Minister may

direct that the building or other place where the contest or exhibition was held shall not be used for the holding of any professional contest or exhibition until the money has been paid to the Minister.

(9) Subsection 10 (2) of the Act is amended by striking out "or contest or exhibition of amateur boxing or wrestling".

(10) Section 11 of the Act is amended by striking out "boxing or wrestling".

(11) Clause 12 (1) (

b) of the Act is repealed and the following substituted:

(

b) designate the officials for any professional contest or exhibition and fix the fees that shall be paid to them by the person holding the contest or exhibition.

(12) Subsection 12 (2) of the Act is repealed and the following substituted:

Admission

(2) The Commissioner or a person to whom he or she has delegated any of the Commissioner's powers or duties shall be admitted without charge to professional contests or exhibitions.

(13) Section 12.1 of the Act is repealed and the following substituted:

Power of Minister

12.1 The Minister may by order require the payment of fees for licences or permits required under this Act and may approve the amount of those fees.

(14) Clause 12.2 (1) (

c) of the Act is amended by striking out "professional contests and exhibitions" and substituting "professional contests or exhibitions".

(15) Subsection 13 (1) of the Act is amended by adding the following clause:

(0.

a) designating a professional sport, other than boxing, for the purposes of the definition of "professional contest or exhibition";

(16) Clause 13 (1) (

b) of the Act is repealed and the following substituted:

(

b) authorizing the Commissioner to regulate and provide for the conduct of professional contests or exhibitions;

(17) Clauses 13 (1) (c), (

d) and (

e) of the Act are repealed and the following substituted:

(

c) prescribing the equipment to be used for and the rules applicable to the conduct of professional contests or exhibitions, including the appointment and duties of the officials of the contests or exhibitions, the definition of fouls and the

manner of determining the winners;

(

d) providing for the issuing of licences and permits for the holding of professional contests or exhibitions and for the suspension and cancellation of the licences and the cancellation of the permits;

(

e) providing for the licensing of participants in professional contests or exhibitions, managers of the participants and referees, seconds and other officials officiating at professional contests or exhibitions and providing for the suspension

and cancellation of the licences;

(18) Clauses 13 (1) (i), (j), (

k) and (

l) of the Act are repealed and the following substituted:

(

i) prescribing the forms of contracts to be used in connection with the services and management of participants in professional contests or exhibitions;

(

j) prescribing the duties of persons holding professional contests or exhibitions;

(

k) prescribing the security to be furnished to the Commissioner by persons holding professional contests or exhibitions to ensure payment of officials and participants and the amount payable to the Minister under

section 5;

(19) Clauses 13 (1) (

m) and (

n) of the Act are repealed and the following substituted:

(

m) prescribing the classes of persons who may take

part in professional contests or exhibitions;

(

n) defining "amateur", "combative sports" and "professional" for the purposes of this Act and the regulations;

(20) Subsection 13 (1) of the Act is amended by adding the following clause:

(n.2) governing amateur combative sports, including providing for the licensing of participants in the sports, specifying qualifications and conditions for licences, providing for the term, suspension and cancellation of licences and regulating

the conduct of the sports;

Bailiffs Act

(1) The Bailiffs Act is amended by adding the following heading immediately before

section 1:

Interpretation and Administration

(2) The

definitions of "business premises" and "dwelling" in subsection 1 (1) of the Act are repealed.

(3) Subsection 1 (1) of the Act is amended by adding the following definition:

"investigator" means an investigator appointed under subsection 16.2 (1); ("enquêteur")

(4) The Act is amended by adding the following heading immediately before

section 3:

Bailiffs and Assistant Bailiffs

(5) Section 12 of the Act is repealed and the following substituted:

Complaints, Duties, Inspections and Investigations

Complaints

(1) If the Registrar receives a complaint about a bailiff or an assistant bailiff, the Registrar may request information in relation to the complaint from any bailiff or any assistant bailiff.

Request for information

(2) A request for information under subsection (1) shall indicate the nature of the complaint.

Duty to comply with request

(3) A person who receives a written request for information under subsection (1) shall provide the information as soon as practicable.

(6) Subsections 13 (5) and (6) of the Act are repealed.

(7) The Act is amended by adding the following sections:

Inspection

16.1

(1) The Registrar or a person designated in writing by the Registrar may conduct an inspection and may, as part of that inspection, enter and inspect at any reasonable time the business premises of a

bailiff or assistant bailiff, other than any part of the premises used as a dwelling, for the purpose of,

(

a) ensuring compliance with this Act and the regulations;

(

b) dealing with a complaint under

section 12; or

(

c) ensuring the bailiff or assistant bailiff, as the case may be, remains entitled to act as such under this Act.

Powers on inspection

(2) While carrying out an inspection, an inspector,

(

a) is entitled to free access to all money, valuables, documents and records of the person being inspected that are relevant to the inspection;

(

b) may use any data storage, processing or retrieval device or system used in carrying on business in order to produce information that is relevant to the inspection and that is in any form; and

(

c) may, upon giving a receipt for them, remove for examination and may copy anything relevant to the inspection, including any data storage disk or other retrieval device in order to produce information, but shall promptly return the thing to

the person being inspected.

Identification

(3) An inspector shall produce, on request, evidence of his or her authority to carry out an inspection.

Assistance to be given

(4) An inspector may, in the course of an inspection, require a person to produce a document or record and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or

system to produce information that is relevant to the inspection and that is in any form, and the person shall produce the document or record or provide the assistance.

Obstruction prohibited

(5) No person shall obstruct an inspector conducting an inspection or withhold from him or her or conceal, alter or destroy any money, valuables, documents or records that are relevant to the inspection.

Use of force prohibited

(6) An inspector shall not use force to enter and inspect premises under this section.

Admissibility of copies

(7) A copy of a document or record certified by an inspector to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Appointment of investigators

16.2

(1) The Director designated under the Ministry of Consumer and Business Services Act may appoint persons to be investigators for the purposes of conducting investigations.

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.

Production of certificate of appointment

(3) Every investigator who is conducting an investigation, including under

section 16.3, shall, upon request, produce the certificate of appointment as an investigator.

Search warrant

16.3

(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 to act as a bailiff or assistant bailiff 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 to act as a bailiff or assistant bailiff under this Act, or

(ii) information or evidence relating to the contravention of this Act or the regulations or the person's fitness to act as a bailiff or assistant bailiff under this Act that may be obtained through the use of an investigative technique or

procedure or the doing of anything described in the warrant.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Return of seized items

(11) An investigator who seizes any thing under this

section or

section 16.4 may make a copy of it and shall return it within a reasonable time.

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.

Seizure of things not specified

16.4 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.

Searches in exigent circumstances

16.5

(1) An investigator may exercise any of the powers described in subsection 16.3 (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.

Dwellings

(2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling.

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.

Applicability of s. 16.3

(4) Subsections 16.3 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.

(8) The Act is amended by adding the following heading immediately before

section 17:

General

(9) Section 17 of the Act is amended by striking out "under

section 13" in the portion before clause (a).

(10) Subsection (9) applies only if subsection 2 (23) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 has not come into force by the day subsection (9) comes into

force.

Cemeteries Act (Revised)

Section 1 of the Cemeteries Act (Revised) is amended by adding the following definition:

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

Change of Name Act

5. (1) Clause 8 (1) (

a) of the Change of Name Act is repealed and the following substituted:

(

a) promptly cause a notice of the change of name to be published in The Ontario Gazette , except in the circumstances specified in the regulations made under this Act;

(2) Section 13 of the Act is amended by adding the following clause:

(

h) specifying circumstances for the purposes of clause 8 (1) (a).

Collection Agencies Act

(1) The Collection Agencies Act is amended by adding the following heading immediately before

section 1:

Interpretation and Administration

(2) The

definitions of "business premises" and "dwelling" in subsection 1 (1) of the Act are repealed.

(3) Subsection 1 (1) of the Act is amended by adding the following definition:

"investigator" means an investigator appointed under subsection 15 (1); ("enquêteur")

(4) The Act is amended by adding the following heading immediately before

section 4:

Registration

(5) The Act is amended by adding the following heading immediately before

section 12:

Complaints, Inspections and Investigations

(6) Subsection 13 (2) of the Act is repealed.

(7) The Act is amended by adding the following section:

Appointment of investigators

(1) The Director may appoint persons to be investigators for the purposes of conducting investigations.

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.

Production of certificate of appointment

(3) Every investigator who is conducting an investigation, including under

section 16, shall, upon request, produce the certificate of appointment as an investigator.

(8) Section 16 of the Act is repealed and the following substituted:

Search warrant

(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.

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.

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.

Conditions on warrant

Expert help

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.

Expiry of warrant

(7) A warrant issued under this

30 days, upon application without notice by an investigator.

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.

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.

Assistance

Return of seized items

(11) An investigator who seizes any thing under this

section or

section 16.1 may make a copy of it and shall return it within a reasonable time.

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.

Seizure of things not specified

16.1 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.

Searches in exigent circumstances

16.2

(1) An investigator may exercise any of the powers described in subsection 16 (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.

Dwellings

(2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling.

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.

Applicability of s. 16

(4) Subsections 16 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.

(9) The Act is amended by adding the following heading immediately before

section 17:

General

(10) Section 18 of the Act is repealed.

(11) Clause 19 (1) (

a) of the Act is repealed and the following substituted:

(

a) a search warrant has been issued under this Act; or

Condominium Act, 1998

7. Subsection 137 (3) of the Condominium Act, 1998 is repealed and the following substituted:

Limitation

(3) No proceeding under this

section shall be commenced after the second anniversary of the day on which the facts upon which the proceeding is based first came to the knowledge of the Director designated under the Ministry of

Consumer and Business Services Act .

Consumer Protection Act, 2002

(1) Section 1 of the Consumer Protection Act, 2002 is amended by adding the following

definitions:

"internet" means the decentralized global network connecting networks of computers and similar devices to each other for the electronic exchange of information using standardized communication protocols; ("Internet")

"internet gaming business" means a supplier that accepts or offers to accept wagers or bets over the internet,

(

a) as part of the playing of or participation in any game of chance or mixed chance and skill that is to take place inside or outside of Canada, or

(

b) on any contingency or on any event that may or is to take place inside or outside of Canada,

including, without restricting the generality of the foregoing, a casino game, card game, horse race, fight, match, sporting event or contest; ("entreprise de jeu en ligne")

(2) Part II of the Act is amended by adding the following section:

Prohibitions

section 107, shall, upon request, produce the certificate of appointment as an investigator.

(6) Subsection 107 (1) of the Act is amended by striking out "appointed under this Act" in the portion before clause (a).

(7) Subsection 107 (2) of the Act is amended by striking out the portion before clause (

a) and substituting the following:

Powers under warrant

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

. . . . .

(8) Clause 107 (2) (

a) of the Act is amended by striking out "upon producing his or her appointment" at the beginning.

(9) Subsection 107 (5) of the Act is amended by adding "and other persons as necessary" after "knowledge".

(10) Subsection 107 (11) of the Act is repealed and the following substituted:

Return of seized items

(11) An investigator who seizes any thing under this

section or

section 107.1 may make a copy of it and shall return it within a reasonable time.

(11) Section 107.1 of the Act is repealed and the following substituted:

Seizure of things not specified

107.1 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.

(12) Subclause 116 (1) (b) (

i) of the Act is repealed and the following substituted:

(

i) in respect of

Part II, Consumer Rights and Warranties, subsection 10 (1),

section 12, subsections 13 (2) and (7) and subsections 13.1 (1), (2) and (3),

(13) Clause 123 (5) (

e) of the Act is amended by adding "including gift card agreements, and governing" after "future performance agreements".

(14) Subsection 123 (5) of the Act is amended by adding the following clauses:

(

f) imposing restrictions, including prohibiting expiry dates, on future performance agreements, including gift card agreements;

(

g) governing the fees, other than the payment under a future performance agreement, including a gift card agreement, for supplying goods or services under the agreement, that the supplier under the agreement may charge or is prohibited from

charging to the consumer;

(

h) allowing the consumer under a future performance agreement, including a gift card agreement, to cancel the agreement if the supplier does not disclose the matters with respect to the agreement that the regulations specify and governing the

cancellation of the agreement;

(

i) providing that any provision of the Act or the regulations applies to future performance agreements, including gift card agreements, with the modifications specified in the regulations.

Consumer Reporting Act

(1) The Consumer Reporting Act is amended by adding the following heading immediately before

section 1:

Interpretation and Administration

(2) Subsection 1 (1) of the Act is amended by adding the following definition:

"investigator" means an investigator appointed under subsection 17 (1); ("enquêteur")

(3) The Act is amended by adding the following heading immediately before

section 3:

Registration

(4) The Act is amended by adding the following heading immediately before

section 8:

Duties and Investigations

(5) The Act is amended by adding the following section:

Alert to verify identity of consumer

12.1

(1) A consumer may require a consumer reporting agency to include, in the consumer's file, an alert warning persons to verify the identity of any person purporting to be the consumer.

Consumer must provide contact information

(2) A consumer who requires a consumer reporting agency to include an alert in the consumer's file shall provide, for inclusion in the alert, a telephone number or other method, prescribed by the regulations, of contacting the

consumer to verify the identity of any person purporting to be the consumer.

Time limit for including alert in file

(3) The consumer reporting agency shall include the alert in the consumer's file as soon as practicable after being required to do so under subsection (1).

No obligation if contact information not provided

(4) The consumer reporting agency is not required to include an alert if the consumer has not complied with subsection (2).

Amendment or removal

(5) The consumer may require the consumer reporting agency to amend the alert or remove it from the consumer's file.

Time limit for amendment or removal

(6) The consumer reporting agency shall amend the alert or remove it from the consumer's file as soon as practicable after being required to do so under subsection (5).

Verification of identity by agency

(7) Before including an alert in a consumer's file or amending or removing such an alert, the consumer reporting agency shall take reasonable steps to verify that the person requiring the inclusion, amendment or removal is the

consumer.

Expiry

(8) An alert expires at the end of the prescribed period, if any.

Information about expiry

(9) When a consumer reporting agency includes an alert in a consumer's file, the agency shall inform the consumer of the date, if any, that the alert will expire under subsection (8).

Fees

(10) Subject to the regulations, a consumer reporting agency may require a fee to be paid before including an alert in a consumer's file, or amending or removing an alert.

(6) The Act is amended by adding the following section:

When alert to be given

12.2 If a consumer's file includes an alert under

section 12.1 that has not expired, the consumer reporting agency shall give the alert to every person to whom any information from the file is disclosed.

(7) The Act is amended by adding the following section:

If person receives an alert

12.3

(1) This

section applies if a person receives an alert from a consumer's file under

section 12.2 in connection with a transaction, described in subsection (3), involving a person purporting to be the

consumer.

Duty to verify identity

(2) The person who received the alert shall not proceed with the transaction without taking reasonable steps to verify that the person involved in the transaction is the consumer.

Transactions covered

(3) A transaction referred to in subsection (1) is,

(

a) the extension of credit or the loaning of money, as defined in the regulations; or

(

b) any other transaction prescribed by the regulations.

Exception for transactions covered

(4) Clause (3) (

a) does not include an advance under a credit agreement for open credit unless the credit agreement is amended to provide for the advance.

Definitions

(5) In subsection (4),

"credit agreement" means a credit agreement as defined in

section 66 of the Consumer Protection Act, 2002 ; ("convention de crédit")

"open credit" means open credit as defined in

section 1 of the Consumer Protection Act, 2002 . ("crédit en blanc")

(8) The Act is amended by adding the following section:

Appointment of investigators

(1) The Director may appoint persons to be investigators for the purposes of conducting investigations.

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.

Production of certificate of appointment

(3) Every investigator who is conducting an investigation, including under

section 18, shall, upon request, produce the certificate of appointment as an investigator.

(9) Section 18 of the Act is repealed and the following substituted:

Search warrant

(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,

(

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

described in the warrant.

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.

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.

Conditions on warrant

Expert help

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.

Expiry of warrant

(7) A warrant issued under this

30 days, upon application without notice by an investigator.

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.

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.

Assistance

Return of seized items

(11) An investigator who seizes any thing under this

section or

section 18.1 may make a copy of it and shall return it within a reasonable time.

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.

Seizure of things not specified

18.1 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.

Searches in exigent circumstances

18.2

(1) An investigator may exercise any of the powers described in subsection 18 (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.

Dwellings

(2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling.

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.

Applicability of s. 18

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

(10) The Act is amended by adding the following heading immediately before

section 19:

General

(11) Subsection 19 (1) of the Act is amended by striking out "under

section 16, 17 or 18" in the portion before clause (a).

(12) Subsection (11) applies only if subsection 9 (2) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 has not come into force by the day subsection (11) comes into

force.

(13) Clause 25 (

l) of the Act is repealed and the following substituted:

(

l) governing the application of sections 12.1 to 12.3, including, without limiting the generality of the foregoing,

(

i) governing how a consumer may make a requirement under subsection 12.1 (1) or (5),

(ii) prescribing, for the purposes of subsection 12.1 (2), other methods of contacting the consumer,

(iii) prescribing a period, for the purposes of subsection 12.1 (8), after which an alert expires,

(iv) governing the fees a consumer reporting agency may require to be paid under subsection 12.1 (10), including providing for circumstances in which fees may not be charged,

(

v) defining "extension of credit" or "loaning of money" for the purposes of clause 12.3 (3) (

a) and prescribing other transactions for the purposes of clause 12.3 (3) (b),

(vi) providing for exemptions from

section 12.1, 12.2 or 12.3, including exempting a consumer reporting agency or other person from

section 12.1, 12.2 or 12.3, prescribing circumstances in respect of which

section 12.1, 12.2 or 12.3 do not

apply or exempting transactions from

section 12.3;

Corporations Act

(1) Clause 96.1 (

b) of the Corporations Act is repealed and the following substituted:

(

b) the annual income of the company is less than $100,000; and

(2) Subsection 133 (2.1) of the Act is repealed.

Discriminatory Business Practices Act

(1) Section 1 of the Discriminatory Business Practices Act is amended by adding the following

definitions:

"investigator" means an investigator appointed under subsection 8 (1); ("enquêteur")

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

(2) Subsection 8 (3) of the Act is repealed and the following substituted:

Production of certificate of appointment

(3) Every investigator who is conducting an investigation, including under

section 8.1, shall, upon request, produce the certificate of appointment as an investigator.

(3) Subsection 8.1 (1) of the Act is amended by striking out "appointed under this Act" in the portion before clause (a).

(4) Section 8.2 of the Act is repealed and the following substituted:

Seizure of things not specified

8.2 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.

Electricity Act, 1998

(1) Section 112.1 of the Electricity Act, 1998 is amended by adding the following definition:

"investigator" means an investigator appointed under this Part; ("enquêteur")

(2) Section 113 of the Act is repealed and the following substituted:

Electrical Safety

Regulations, LG in C

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

(

a) prescribing the design, construction, installation, protection, use, maintenance, repair, extension, alteration, connection and disconnection of all works, matters and things used or to be used in the generation, transmission, distribution,

retail or use of electricity in Ontario;

(

b) prohibiting the use, advertising, display, offering for sale, or other disposal, and the sale or other disposal, publicly or privately, in Ontario, of any such works, matters and things unless and until they have been inspected and

approved, or deemed approved;

(

c) prescribing the precautions to be taken in the sale or other disposal of such works, matters and things and the warnings and instructions to be given to purchasers and others in advertisements, by circular, labelling, including by tag, seal

or other form of labelling, or otherwise, to prevent their use in such manner or under such conditions as may be likely to result in undue hazard to persons or property;

(

d) providing for the inspection, test and approval of such works, matters and things before being used in the generation, transmission, distribution, retail or use of electricity in Ontario, and for a process for granting, renewing,

suspending, revoking and reinstating approvals for the works, matters and things before they are used for any of those purposes;

(

e) requiring compliance with any code, standard, guideline or procedure under a rule of a person retailing electricity to such works, matters and things.

Regulations, Minister

(2) The Minister may make regulations,

(

a) adopting by reference, in whole or in part, with such changes as the Minister considers necessary or advisable, any code or standard that governs any matter set out in subsection (1) and requiring compliance with any code or standard that

is so adopted;

(

b) establishing a code of ethics and a committee for the purpose of governing the conduct of authorization holders.

Rolling incorporation

(3) If a regulation under clause (2) (

a) so provides, a code or standard adopted by reference shall be a reference to it, as amended from time to time, and whether the amendment was made before or after the regulation was

adopted.

Delegation

(4) Despite subsection 3 (4) of the Safety and Consumer Statutes Administration Act, 1996 , the Minister may, by regulation, delegate to the Authority the power to make some or all of the regulations under clause (2) (

a) or

(b).

Temporary codes, testing organizations, variations

(5) A director may, in writing,

(

a) authorize, subject to such conditions as may be specified and for a limited time, the use of codes, standards, guidelines, plans, specifications and procedures or changes to codes, standards, guidelines, plans, specifications and procedures

necessary to accommodate new developments or technological advances and require compliance with them and permit, subject to such conditions as may be specified, variances from them;

(

b) designate organizations to test any thing for which standards, plans or specifications are established under this Part and provide for and require the placing of the organization's label on the thing or any parts of the thing that conform

to the standards, plans or specifications;

(

c) subject to such conditions as he or she may specify, allow a variance from any regulation made by the Minister under clause (2) (

a) if, in his or her opinion, the variance would not detrimentally affect the safe use of the thing to which

the regulation applies or the health or safety of any person.

Regulations Act

(6) The Regulations Act does not apply to subsection (5).

Issuing of plans and specifications

(7) The Authority may, in accordance with the regulations, prepare and issue plans and specifications governing the design, construction and test of works, matters and things used or to be used in the generation, transmission,

distribution, retail or use of electricity in Ontario, and may alter such plans and specifications.

Appointment of persons to inspect and test

(8) The Authority may appoint persons, associations or organizations having, in the opinion of the Authority, special knowledge and facilities to inspect, test and report on any works, matters and things mentioned in subsection

(1).

Prohibition on holding out

(9) No person shall hold themself out as a person who has been appointed under subsection (8) if the person has not been so appointed.

Approval by adoption of report

(10) The Authority may approve any work, matter and thing mentioned in subsection (1) by adopting a report made under subsection (8), or otherwise, as the Authority considers advisable.

Orders relating to installations, alterations, etc.

(11) The Authority may issue such orders relating to work to be done, or the removal of things used, in the installation, removal, alteration, repair, protection, connection or disconnection of any of the works, matters and things

mentioned in subsection (1) as the Authority considers necessary or advisable for the safety of persons or the protection of property and, in any such order or after having made it, the Authority may order any person to cease and desist from doing

anything intended or likely to interfere with the terms of the order.

Offences

(12) Every person,

(

a) disturbing or interfering with an inspector or other officer in the performance of the inspector's or officer's duty under this

section is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to

imprisonment for a term of not more than one year, or to both;

(

b) refusing or neglecting to comply with this section, or with any regulation, plan or specification made under its authority, is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term

of not more than one year, or to both;

(

c) refusing or neglecting to comply with an order issued by the Authority under subsection (11) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or

to both, and a further fine of not more than $5,000 for each day upon which such refusal or neglect is repeated or continued.

Same, corporation

(13) A corporation that is guilty of an offence described in subsection (12) is liable, on conviction, to a fine of not more than $1,000,000.

Section not to apply to mines

(14) This

section does not apply to a mine as defined in the Mining Act , save only as regards any dwelling house or other building not connected with or required for mining operations or purposes or used for the treatment of

ore or mineral.

(3) The Act is amended by adding the following section:

Prohibitions

Causing damage

113.0.1

(1) No person shall damage or cause any damage to any work, matter or thing used or to be used in the generation, transmission, distribution, retail or use of electricity in Ontario.

Interference

(2) No person shall interfere with any work, matter or thing used or to be used in the generation, transmission, distribution, retail or use of electricity in Ontario in the course of alterations or repairs to non-electrical

equipment or structures except where it is necessary to disconnect or move components of an electrical installation, in which event it shall be the responsibility of the person carrying out the alterations or repairs to ensure that the electrical

installation is restored to a safe operating condition as soon as the progress of the alterations or repairs permits.

Removal of labels

(3) No person shall, without the consent of the Director, remove any label, tag, seal or warning, as prescribed by the regulations, applied by the Authority to any work, matter or thing used or to be used in the generation,

transmission, distribution, retail or use of electricity in Ontario.

(4) Subsection 113.2 (1) of the Act is repealed and the following substituted:

Authorization

(1) Except as provided in the regulations, no person shall carry out or propose to carry out, or permit or employ another person to carry out, an activity referred to in the regulations as requiring an authorization without first

obtaining an authorization in accordance with this Part and the regulations.

(5) The Act is amended by adding the following section:

Definition

113.12.1 In sections 113.13 to 113.14.3,

"electrical product or device" means any thing used or to be used in the generation, transmission, distribution, retail or use of electricity.

(6) Sections 113.13 and 113.14 of the Act are repealed and the following substituted:

Inspections

113.13

(1) The Authority or a person appointed as an inspector in writing by the Authority may conduct an inspection and may, as part of that inspection, enter and inspect at any reasonable time any land

or premises, including the business premises of an authorization holder, for the purpose of,

(

a) ensuring compliance with this Act and the regulations; or

(

b) determining that the authorization holder remains entitled to the authorization.

Limitations on power to enter

(2) An inspector shall not,

(

a) use force to enter and inspect land and premises under this section; or

(

b) enter any part of premises that are being used as a dwelling, except with the consent of the owner or occupier.

Identification

(3) An inspector shall produce, on request, evidence of his or her appointment as an inspector.

Powers on inspection

(4) An inspector conducting an inspection on any land or in any premises, including premises of an authorization holder, may,

(

a) examine all documents, records, electrical products, devices and other things that are relevant to the inspection;

(

b) require a person on the premises being inspected to produce a document, record or other thing that is relevant to the inspection;

(

c) use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or a record that is relevant to the inspection and that is in any form; and

(

d) subject to subsection (5), on giving a receipt for it, remove any thing relevant to the inspection, including a document, a record, a data storage disk or a retrieval device needed to produce information.

Electrical product not included

(5) An electrical product or device may not be removed under clause (4) (d).

Obligation to produce and assist

(6) A person who is required to produce a document, record, electrical product or device, or other thing under clause (4) (

b) shall produce it and shall, on request by the inspector, provide any assistance that is reasonably

necessary, including assistance in using any data storage, processing or retrieval device or system, to produce information or a record that is relevant to the inspection and that is in any form.

Obstruction prohibited

(7) No person shall obstruct an inspector executing his or her duties or withhold from him or her or conceal, alter or destroy any document, record, electrical product or device or other thing that is relevant to the inspection.

Copy and return of removed things

(8) An inspector who removes any document, record or other thing under clause (4) (

d) may make a copy of it and shall promptly return it to the person being inspected.

Admissibility of copies

(9) A copy of a document or record certified by an inspector to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Order to turn over or retain electrical product or device

113.13.1

(1) An inspector who is lawfully present in a place and who believes on reasonable grounds that an electrical product or device in the place is being sold or offered for sale in contravention of

this Part or the regulations may order, orally or in writing, a person in the place,

(

a) to turn the electrical product or device over to the inspector; or

(

b) to retain and preserve the electrical product or device in accordance with the regulations.

Obligation to retain electrical product or device

(2) A person who fails to immediately comply with an order to turn over the electrical product or device issued under subsection (1) shall retain and preserve the electrical product or device that was the subject of the order in

accordance with the regulations.

Inspector to inform director

(3) When an inspector issues an order under subsection (1), he or she shall promptly inform the director and, where the order is in writing, provide him or her with a copy of the order.

Warrant to seize electrical product or device

113.13.2

(1) On application made without notice by an inspector appointed under subsection 113.13 (1), 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) an inspector issued an order to turn over an electrical product or device or to retain and preserve such a product or device under subsection 113.13.1 (1);

(

b) the person who was issued the order failed to comply with it; and

(

c) the electrical product or device was being sold or offered for sale in contravention of this Part or the regulations.

Powers under warrant

(2) Subject to any conditions contained in the warrant, a warrant issued under subsection (1) authorizes an inspector appointed under subsection 113.13 (1) to,

(

a) enter or access the place in which a person is required to retain and preserve the electrical product or device under clause 113.13.1 (1) (

b) and subsection 113.13.1 (2);

(

b) require a person to produce the electrical product or device in question; and

(

c) seize the electrical product or device in question.

Obligation to produce and assist

(3) A person who is required to do so by an inspector under clause (2) (

b) shall produce the electrical product or device in question.

Entry of dwelling

(4) Despite subsection (2), an inspector 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.

Conditions on search warrant

(5) A warrant shall contain such conditions as the justice of the peace considers advisable to ensure that any entry and seizure authorized by the warrant is reasonable in the circumstances.

Assistance

(6) A warrant may authorize persons who have special, expert or professional knowledge, and such other persons as may be necessary, to accompany and assist the inspector in respect of the execution of the warrant.

Time of execution

(7) An entry or access under a warrant shall be made between 6 a.m. and 9 p.m., unless the warrant specifies otherwise.

Expiry of warrant

(8) A warrant 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, on application without notice by the inspector, extend the date of expiry for an additional

period of no more than 30 days.

Use of force

(9) An inspector may call upon police officers for assistance in executing a warrant and the inspector may use whatever force is reasonably necessary to execute the warrant.

Obstruction

(10) No person shall obstruct an inspector executing a warrant.

Inspector to inform director

(11) When an inspector seizes an electrical product or device under this section, he or she shall promptly inform the director.

Release or Forfeiture of Electrical Product or Device

Application of

section

113.13.3

(1) This

section applies in respect of an electrical product or device that,

(

a) was turned over to an inspector in response to an order issued under subsection 113.13.1 (1);

(

b) was retained and preserved in response to an order issued under subsection 113.13.1 (1), or in accordance with subsection 113.13.1 (2); or

(

c) was seized by an inspector in accordance with the regulations under a warrant issued under subsection 113.13.2 (1).

Application for release of electrical product or device

(2) Within 10 days of an electrical product or device being turned over or seized or ordered to be retained and preserved, a person who claims an interest in the electrical product or device may apply to the director for the release

of the electrical product or device.

Hearing

(3) Subject to subsection (4), a person who applies for the release of the electrical product or device within the time permitted under subsection (2) is entitled to a hearing before the Director.

Director may refuse hearing

(4) The director may refuse to hold a hearing if the person who applies for the release of the electrical product or device is not the person who turned over the electrical product or device, who retained and preserved it or from

whom it was seized and the director is not satisfied that the person has an interest in the electrical product or device.

Director's determination

(5) After a hearing, the director may,

(

a) release to the person the electrical product or device that he or she determines was not sold or offered for sale in contravention of this Part or the regulations; or

(

b) direct that the electrical product or device that he or she determines was sold or offered for sale in contravention of this Part or the regulations is forfeited to the Crown.

Forfeiture in other circumstances

(6) The director may direct that the electrical product or device is forfeited to the Crown if,

(

a) no person applies for the release of the electrical product or device within the time permitted under subsection (2);

(

b) the director refuses to hold a hearing under subsection (4); or

(

c) the person who applied for the release of the electrical product or device does not appear at the hearing.

Decision final

(7) Any determination or direction made by the director under this

section is final.

Appointment of investigators

113.14

(1) The Authority may appoint persons to be investigators for the purpose of conducting investigations.

Identification

(2) An investigator shall produce, on request, evidence of his or her appointment as an investigator.

Search warrant

113.14.1

(1) O n 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 Part or the regulations or has committed an offence that is relevant to the person's fitness for holding an authorization under this Part; and

(

b) there is,

(

i) on any land or in any building, dwelling, container or place any thing relating to the contravention of this Part or the regulations or to the person's fitness for holding an authorizaton, or

(ii) information or evidence relating to the contravention of this Part or the regulations or the person's fitness for holding an authorization that may be obtained through the use of an investigative technique or procedure or the doing of

anything described in the warrant.

Powers under warrant

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

(

a) enter or access the land, building, dwelling, container or place specified in the warrant, and examine and seize any thing described in the warrant;

(

b) 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) require a person to produce the information or evidence 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 information or evidence described in the warrant; and

(

d) use any investigative technique or procedure described in the warrant or do anything described in the warrant.

Obligation to produce and assist

(3) A person who is required to do so by an investigator under clause (2) (

c) shall produce information or evidence described in the warrant and shall provide whatever assistance is reasonably necessary to produce the information or

evidence in any form.

Entry of dwelling

(4) 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.

Conditions on search warrant

(5) A warrant 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.

Assistance

(6) A warrant may authorize persons who have special, expert or professional knowledge, and such other persons as may be necessary, to accompany and assist the investigator in respect of the execution of the warrant.

Time of execution

(7) An entry or access under a warrant shall be made between 6 a.m. and 9 p.m., unless the warrant specifies otherwise.

Expiry of warrant

(8) A warrant 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, on application without notice by the investigator, extend the date of expiry for an

additional period of no more than 30 days.

Use of force

(9) An investigator may call upon police officers for assistance in executing a warrant and the investigator may use whatever force is reasonably necessary to execute the warrant.

Obstruction

(10) No person shall obstruct an investigator executing a warrant or withhold from him or her or conceal, alter or destroy anything relevant to the investigation.

Return of seized things

(11) Subject to subsection (12), an inspector who seizes any thing under this

section may make a copy of it and shall return it within a reasonable time.

Return of seized things not required

(12) An investigator is not required to return an electrical product or device seized under this

section where the investigator believes on reasonable grounds that the electrical product or device was sold or offered for sale in

contravention of this Part or the regulations.

Admissibility of copies

(13) A copy of a document or record certified by an inspector to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

No warrant required in exigent circumstances

113.14.2

(1) Although a warrant issued under subsection 113.14.1 (1) would otherwise be required, an investigator may exercise any of the powers described in subsection 113.14.1 (2) without a warrant if

the conditions for obtaining the warrant exist but because of exigent circumstances it would be impracticable to obtain the warrant.

Dwellings

(2) Subsection (1) does not apply to any part of a building that is being used as a dwelling.

Use of force

(3) An investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary.

Application of other provisions

(4) Subsections 113.14.1 (6), (10), (11), (12) and (13) apply, with necessary modifications, to the exercise of powers under this section.

Seizure of things in plain view

113.14.3

(1) An investigator who is lawfully present in a place under a warrant may seize any thing that is in plain view if the investigator believes on reasonable grounds that the thing will afford

evidence of a contravention of this Part or the regulations.

Return of seized thing

(2) Subsections 113.14.1 (11), (12) and (13) apply, with necessary modifications, to any thing seized under this section.

(7) Subsection 113.15 (1) of the Act is amended by striking out "(

b) or (c)" at the end and substituting "(

a) or (b)".

(8) Section 113.18 of the Act is amended by striking out "113 (5)" and substituting "113 (11)".

(9) Clause 113.20 (1) (

b) of the Act is amended by striking out "113 (5)" and substituting "113 (11)".

(10) Clause 113.20 (1) (

c) of the Act is repealed and the following substituted:

(

c) that refuses or neglects to comply with subsection 113.13 (6), 113.13.1 (2), 113.13.2 (3) or 113.14.1 (3) or (10) or disturbs or interferes with an inspector, investigator or other officer in the performance of a duty the inspector,

investigator or officer was appointed to perform under this

Part is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both;

(11) Subsection 113.20 (1) of the Act is amended by adding the following clause:

(c.1) that contravenes or fails to comply with

section 113.0.1 is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both;

(12) Clause 113.20 (1) (

e) of the Act is amended by striking out "(1) (e)" and substituting "(1) (a), (e), (e.1) or (j)".

(13) Subsection 113.20 (1) of the Act is amended by adding the following clauses:

(

h) that knowingly holds out as genuine any document, certificate, identification card or any other document issued under this Part or the regulations is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to

imprisonment for a term of not more than one year, or to both;

(

i) that holds themself out as a holder of an authorization, an inspector, investigator or other official under this

Part is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of

not more than one year, or to both.

(14) Section 113.20 of the Act is amended by adding the following subsections:

Duty of director or officer

(3) Every director or officer of a corporation has a duty to take all reasonable care to prevent it from committing an offence under subsection (2).

Offence

(4) Every director or officer who has a duty under subsection (3) and fails to carry out that duty is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than

one year, or to both.

Separate offence

(5) Where a person contravenes any of the provisions of this Part, the regulations or any notice or order made under them on more than one day, the continuance of the contravention on each day shall be deemed to constitute a separate

offence.

Administrative penalty

(6) A person against whom an administrative penalty has been levied by a designated administrative authority or, in the absence of such authority, by the Minister does not preclude a person from being charged with, and convicted of,

an offence under this Part for the same matter.

Time limit

(7) No proceeding in respect of an alleged offence under this Part may be commenced after two years following the date on which the facts that gave rise to the alleged offence first came to the attention of the Director.

(15) Subsection 113.22 (1) of the Act is amended by striking out the portion before clause (

a) and substituting the following:

Regulations

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

. . . . .

(16) Subsection 113.22 (1) of the Act is amended by adding the following clauses:

(e.1) governing the documents and records that must be kept by holders of authorizations, including the manner and location in which they are kept and the time periods for retaining such information and authorizing the Director to specify the

location at which they must be kept;

. . . . .

(

h) exempting any person, work, matter or thing from any provision of this Part or the regulations;

(

i) defining electrical incidents or accidents and classes of incidents or accidents;

(

j) providing for the reporting to the Authority of the electrical incidents or accidents referred to in clause (i), including the manner and time for reporting, and prescribing classes of persons who are required to make such reports;

(

k) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Part.

Access to Justice Act, 2006 (Bill 14)

(17) Subsection (19) applies only if Bill 14 (

Access to Justice Act, 2006

), introduced on October 27, 2005, receives Royal Assent.

(18) References in subsection (19) to provisions of Bill 14 are references to those provisions as they were numbered in the first reading version of the Bill and, if Bill 14 is renumbered, the references in that subsection

shall be deemed to be references to the equivalent renumbered provisions of Bill 14.

(19) On the later of the day subsection (2) comes into force and the day

section 130 of

Schedule F to Bill 14 comes into force, subsection 113 (6) of the Electricity Act, 1998 , as set out in

subsection (2), is amended by striking out "The Regulations Act " and substituting "Part III (Regulations) of the Legislation Act, 2006 ".

Film Classification Act, 2005

(1) Section 1 of the Film Classification Act, 2005 is amended by adding the following definition:

"investigator" means an investigator appointed under subsection 31 (1); ("enquêteur")

(2) The following provisions of the Act are amended by striking out "appointed under subsection 31 (1)":

1. Subsection 32 (1) in the portion before clause (a).

2. Subsection 32 (2) in the portion before clause (a).

Land Registration Reform Act

(1) Section 17 of the Land Registration Reform Act is amended by adding the following

definitions:

"authorization", in respect of an electronic document submitter, means the authorization that the submitter has obtained from the Director of Land Registration to submit electronic documents by direct electronic transmission to the electronic

land registration database; ("autorisation")

"electronic document submitter" means a person whom the Director of Land Registration has authorized to submit electronic documents by direct electronic transmission to the electronic land registration database; ("personne qui présente des

documents électroniques")

(2) Subsection 20 (2) of the Act is repealed.

(3) Section 23 of the Act is amended by adding the following subsection:

Notice to registered owner

(4) When an electronic document that purports to effect a transfer or charge of land is delivered to the electronic land registration database by direct electronic transmission, the Director of Land Registration may have a notice of

the delivery issued to the registered owner of the land by the means that Director specifies.

(4) The Act is amended by adding the following sections:

Suspending access to database

23.1

(1) The Director of Land Registration may, by order, immediately suspend the authorization of an electronic document submitter if he or she,

(

a) has reasonable grounds to believe that the submitter has submitted an electronic document that,

(

i) is not authorized by the registered owner of the land affected by the document or the holder of a registered interest in the land, or

(ii) is not otherwise authorized at law; or

(

b) considers it in the public interest to do so.

No right to hearing

(2) The electronic document submitter is not entitled to a hearing in respect of a suspension made under subsection (1).

Length of suspension

(3) A suspension made under subsection (1) shall last until a final determination is made under

section 23.2 on the revocation of the authorization of the electronic document submitter.

Service of order

(4) Upon making an order under subsection (1), the Director of Land Registration shall serve it on the electronic document submitter.

Revoking access to database

23.2

(1) Upon suspending, under

section 23.1, the authorization of an electronic document submitter, the Director of Land Registration shall notify the submitter that he or she proposes to revoke the

authorization.

Content of notice

(2) The notice of proposal shall set out the reasons for the proposed revocation and shall state that the electronic document submitter is entitled to a hearing by the Director of Land Registration if the submitter serves, within 15

days after service of the notice, a written request for a hearing on that Director.

Service

(3) The Director of Land Registration shall serve the notice of proposal on the electronic document submitter.

If no request for hearing

(4) If the electronic document submitter does not request a hearing in accordance with subsection (2), the Director of Land Registration may by order revoke the authorization of the submitter if,

(

a) that Director is satisfied that the submitter has submitted an electronic document that,

(

i) is not authorized by the registered owner of the land affected by the document or the holder of a registered interest in the land, or

(ii) is not otherwise authorized at law; or

(

b) the past conduct of the submitter affords reasonable grounds for belief that,

(

i) the submitter will submit an electronic document described in clause (a), or

(ii) the submitter will act in a manner that is contrary to the public interest.

Hearing

(5) If the electronic document submitter requests a hearing in accordance with subsection (2), the Director of Land Registration shall hold the hearing.

Written hearing

(6) The hearing shall be a written hearing unless the Director of Land Registration, in his or her sole discretion, decides that the hearing will be an oral hearing.

Parties

(7) The parties to the proceeding described in subsection (6) are the electronic document submitter and the other persons whom that Director specifies.

Request for information

(8) The Director of Land Registration may request the electronic document submitter to provide that Director, in the form and within the time specified by that Director, proof of the submitter's authorization and any other evidence

that Director specifies.

Revocation

(9) After the hearing, the Director of Land Registration may by order revoke the authorization of the electronic document submitter if,

(

a) the submitter fails to respond to a request described in subsection (8);

(

b) that Director is satisfied that the submitter has submitted an electronic document that,

(

i) is not authorized by the registered owner of the land affected by the document or the holder of a registered interest in the land, or

(ii) is not otherwise authorized at law; or

(

c) the past conduct of the submitter affords reasonable grounds for belief that,

(

i) the submitter will submit an electronic document described in clause (b), or

(ii) the submitter will act in a manner that is contrary to the public interest.

Appeal

(10) A party to the proceeding may appeal an order mentioned in subsection (4) or (9) to the Divisional Court, which may confirm the order or may order the Director of Land Registration to change the order or to make whatever other

order the court thinks fit.

Application for reinstatement

23.3

(1) Within a time period specified by the Director of Land Registration after the authorization of an electronic document submitter is revoked under

section 23.2, the submitter may apply to have that

Director reinstate the authorization.

Opportunity to be heard

(2) The Director of Land Registration shall give the applicant an opportunity to be heard.

Reinstatement

(3) The Director of Land Registration may, if of the opinion that it is appropriate to so do, reinstate the applicant's authorization.

Notice

(4) The Director of Land Registration shall notify the applicant of his or her decision as to whether or not to reinstate the applicant's authorization.

(5) The Act is amended by adding the following section:

Service

29.2

(1) Any notice, order or request under this

Part is sufficiently served if it is sent to the address that an electronic document submitter has provided to the Director of Land Registration for the

purpose of obtaining his or her authorization and if it is,

(

a) delivered personally;

(

b) sent by registered mail; or

(

c) sent in another manner if the sender can prove receipt of the notice, order or request.

Deemed service

(2) If 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, order or request until a later date.

Land Titles Act

(1) Section 1 of the Land Titles Act is amended by adding the following

definitions:

"fraudulent instrument" means an instrument,

(

a) under which a fraudulent person purports to receive or grant an estate or interest in land,

(

b) that is given under the purported authority of a power of attorney that is forged,

(

c) that is a transfer of a charge where the charge is given by a fraudulent person, or

(

d) that perpetrates a fraud as prescribed with respect to the estate or interest in land affected by the instrument; ("acte frauduleux")

"fraudulent person" means a person who executes or purports to execute an instrument if,

(

a) the person forged the instrument,

(

b) the person is a fictitious person, or

(

c) the person holds oneself out in the instrument to be, but is not, the registered owner of the estate or interest in land affected by the instrument; ("fraudeur")

(2) Subsection 57 (13) of the Act is repealed and the following substituted:

Rectification of register

(13) The Director of Titles may, in the first instance or after a reference to a court, or a court may direct the rectification of the register if,

(

a) a registered instrument would be absolutely void if unregistered;

(

b) a registered instrument is fraudulent and has been registered on or after October 19, 2006; or

(

c) the effect of the error, if not rectified, would be to deprive a person of land of which the person is legally in possession or legally in receipt of the rents and profits.

Caution in case of fraud

(14) If it appears to the Director of Titles that a registered instrument may be fraudulent, the Director of Titles may of his or her own accord and without affidavit enter a caution to prevent dealing with the registered land.

Hearing

(15) If the Director of Titles has entered a caution under subsection (14), the Director of Titles may hold a hearing before making any rectification of the register under subsection (13) and subsections 10 (4), (5) and (6) apply to

the hearing.

Compensation

(16) If the Director of Titles or a court directs a rectification of the register under subsection (13), the person sustaining a loss as a result of the rectification is entitled to the compensation provided for by this

section if

the Director determines that,

(

a) the person is not restricted from recovering compensation by any other provision of this Part; and

(

b) the person demonstrated the requisite due diligence as specified by the Director with respect to the instrument that is the subject of the rectification.

(3) Subsection 59 (1) of the Act is amended by striking out "or" at the end of clause (

c) and by adding the following clauses:

fraud

(

d) if the person knowingly participates or colludes in a fraud with respect to the interest or right on which the claim is founded; or

subrogated claim

(

e) if the interest or right on which the claim is founded is derived from a subrogated claim.

(4) Section 78 of the Act is amended by adding the following subsections:

Exception

(4.1) Subsection (4) does not apply to a fraudulent instrument that is registered on or after October 19, 2006.

Non-fraudulent instruments

(4.2) Nothing in subsection (4.1) invalidates the effect of a registered instrument that is not a fraudulent instrument described in that subsection, including instruments registered subsequent to such a fraudulent instrument.

(5) Sections 155 and 156 of the Act are repealed and the following substituted:

Fraudulent dispositions

155. Subject to this Act, a fraudulent instrument that, if unregistered, would be fraudulent and void is, despite registration, fraudulent and void in like manner.

Offences

(1) A person is guilty of an offence if the person fraudulently procures or attempts to fraudulently procure a fraudulent entry on the register, an erasure or deletion from the register or an

alteration of the register.

Penalty

(2) A person who is convicted of an offence under this

section is liable to,

(

a) a fine of not more than $50,000 or imprisonment for a term of not more than two years less a day, or both, if the person is an individual; and

(

b) a fine of not more than $250,000, if the person is a corporation.

Order for compensation or restitution

(3) If a person is convicted of an offence under this section, the court making the conviction may, in addition to any other penalty, order the person convicted to pay compensation or to make restitution.

Limitation

(4) No proceeding under this

section shall be commenced more than six years after the facts upon which the proceeding is based first came to the knowledge of the Director of Titles.

Evidence

(5) A statement as to the time when the facts on which the proceeding is based first came to the knowledge of the Director of Titles, that purports to be certified by the Director, is, without proof of the Director's office or

signature, admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in it.

(6) Section 163 of the Act is amended by adding the following subsections:

Regulations

(0.1) The Lieutenant Governor in Council may make regulations governing the publication of information, including personal information as defined in the Freedom of Information and Protection of Privacy Act , regarding fraud

or suspected fraud in the land titles system.

Disclosure permitted

(0.2) Any information published under the authority of a regulation made under subsection (1) is deemed to have been disclosed in compliance with clause 42 (1) (

e) of the Freedom of Information and Protection of Privacy

Act .

(7) Section 163.1 of the Act is amended by adding the following subsection:

Director's orders

(1.1) The Director of Titles may make orders specifying what constitutes the requisite due diligence for the purposes of subsection 57 (16).

(8) Subsection 163.1 (2) of the Act is amended by adding "or by the Director of Titles under subsection (1.1)" after "subsection (1)".

Liquor Licence Act

(1) The definition of "brew on premise facility" in

section 1 of the Liquor Licence Act is repealed.

(2) Section 1 of the Act is amended by adding the following

definitions:

"conservation officer" means a conservation officer appointed under subsection 87 (1) of the Fish and Wildlife Conservation Act, 1997 who is engaged in carrying out his or her duties; ("agent de protection de la nature")

"ferment on premise facility" means premises where equipment for the making of beer or wine on the premises is provided to individuals; ("centre de fermentation libre-service")

(3) Section 1 of the Act is amended by adding the following subsection:

Interpretation of "interested person"

(2) For the purposes of this Act, a person is deemed to be interested in another person if,

(

a) the first person has, or may have in the opinion of the Registrar based on reasonable grounds, a beneficial interest of any kind, either directly or indirectly, in the other person's business, including but not limited to a holder, directly

or indirectly, of shares or other securities;

(

b) the first person exercises, or may exercise in the opinion of the Registrar based on reasonable grounds, direct or indirect control over the other person's business; or

(

c) the first person has provided, or may have provided in the opinion of the Registrar based on reasonable grounds, direct or indirect financing to the other person's business.

(4) Section 5.1 of the Act is repealed and the following substituted:

Licence required, ferment on premise facility

5.1 No person shall operate a ferment on premise facility except under the authority of a licence to operate such a facility.

(5) Subsection 6 (2) of the Act is amended by striking out "or" at the end of clause (

g) and by adding the following clause:

(g.1) the applicant is not able to demonstrate to the satisfaction of the Registrar that he, she or it will exercise sufficient control, either directly or indirectly, over the business, including the premises, accommodation, equipment and

facilities in respect of which the licence is to be issued; or

(6) Paragraphs 3, 4 and 5 of subsection 6 (3) of the Act are repealed and the following substituted:

3. A person who is interested in another person, as described in subsection 1 (2).

4. A person having responsibility for the management or operation of the business of the applicant.

(8) Subsection 6 (5) of the Act is repealed.

(9) Subsection 6 (6) of the Act is amended by striking out "brew on premise facility" and substituting "ferment on premise facility".

(10) Section 6 of the Act is amended by adding the following subsection:

Two-year prohibition on applying for licence after refusal or revocation

(7) No person who is refused a licence to sell liquor or who is refused a renewal of a licence to sell liquor or whose licence to sell liquor is revoked for any ground set out in clauses (2) (

a) to (f.1) may apply to the Registrar

for a licence to sell liquor until two years have passed since the refusal or revocation.

(11) The Act is amended by adding the following section:

Inquiries

6.1

(1) The Registrar may make such inquiries and conduct such investigations into the character, financial history and competence of an applicant for any licence under this Act, or a renewal of a licence,

the holder of a licence, or persons interested in the holder of the licence or interested in the premises to which the licence relates, or a director, officer or shareholder of any such person, as are necessary to determine whether the applicant

or licensee meets the requirements of this Act and the regulations.

Corporations or partnerships

(2) If the applicant or holder of the licence is a corporation or partnership, the Registrar may make inquiries into or conduct investigations of the directors, officers, shareholders or partners of the applicant, the holder of the

licence or persons interested in the holder, the owner, or persons interested in the owner, of the premises to which the licence relates or would relate if the licence were issued.

Costs

(3) The applicant or licensee shall pay the reasonable costs of the inquiries or investigations or provide security to the Registrar in a form acceptable to the Registrar for the payment.

Collection of information

(4) The Registrar may require information or material from any person who is the subject of the inquiries or investigations and may request information or material from any person who the Registrar has reason to believe can provide

information or material relevant to the inquiries or investigations.

Verification of information

(5) The Registrar may require that any information provided under subsection (4) be verified by statutory declaration.

Disclosure

(6) Despite

section 17 of the Freedom of Information and Protection of Privacy Act and

section 10 of the Municipal Freedom of Information and Protection of Privacy Act , the head of an institution within the meaning

of those Acts shall disclose to the Registrar the information or material that the Registrar requires under subsection (4).

(12) Clause 7 (1) (

a) of the Act is amended by striking out "and" at the end and substituting "or".

(13) Subsection 7 (2) of the Act is amended by adding at the end "or if the Registrar is satisfied that, having regard to the applicant for the licence, the location of the premises to which the licence will apply and the

needs and wishes of the residents of the municipality in which the premises are located, the issuance of the licence is in the public interest".

(14) Clauses 8 (2) (

a) and (

b) of the Act are repealed and the following substituted:

(

a) approve the application if the applicant is not disentitled under subsection 6 (2), (4) or (4.1);

(

b) issue a proposal to review the application; or

(

c) issue a proposal to refuse the application.

(15) Subsection 8 (4) of the Act is amended by striking out "or" at the end of clause (

b) and by adding the following clause:

(b.1) issue a proposal to refuse the application; or

(16) Subsection 8 (5) of the Act is repealed and the following substituted:

No notice

(5) If no notice of an application is given under subsection 7 (1) because the applicant is disentitled under clauses 6 (2) (

a) to (g.1)

or subsection 6 (4) or (4.1), the Registrar shall issue a proposal to refuse to issue the licence.

(17) The Act is amended by adding the following section:

Risk-based licensing

8.1

(1) The Board may establish criteria for holders of licences to sell liquor and for premises in respect of which a licence to sell liquor is issued based on factors related to the risk to the public,

public safety, the public interest and the risk of non-compliance with the Act and the regulations by the holder of a licence.

Conditions

(2) The Board, where it has established criteria under subsection (1), may specify conditions that may be imposed on a holder's licence to sell liquor and on the premises in respect of which the licence is issued.

Designations

(3) Based on the Registrar's assessment of risk, he or she may designate holders of licences and premises in respect of which a licence to sell liquor is issued in accordance with the criteria established by the Board and may impose

on the holder's licence one or more conditions from among those specified by the Board.

Redesignations

(4) The Registrar may redesignate a holder of a licence or the premises if there is a change in circumstances that satisfies the Registrar that the holder of the licence or the premises should be redesignated and, on redesignation,

the Registrar may add, remove or otherwise change the conditions imposed on the licence and premises.

Consolidation of licences to sell liquor

(5) The Registrar may consolidate two or more licences to sell liquor into one licence to sell liquor where the premises in respect of which the licences have been or are to be issued are contiguous, adjacent to or reasonably related

to each other and,

(

a) the holder of each licence is the same person; or

(

b) the holders of the licences are related parties or interested persons as described in subsection 1 (2).

(18) Section 9 of the Act is amended by adding the following subsection:

Exception

(7) Despite a direction made under clause (5) (

b) or approval under clause 5 (

a) or subsection (6), the Registrar may issue a notice of proposal to refuse to issue the licence.

(19) Subsections 11.1 (1) and (2) of the Act are amended by striking out "brew" wherever that expression appears and substituting in each case "ferment".

(20) Subsection 12 (1) of the Act is amended by striking out "brew" and substituting "ferment".

(21) Subsection 13 (2) of the Act is amended by striking out "brew" and substituting "ferment".

(22) Subsection 14 (2) of the Act is repealed and the following substituted:

Removal of conditions

(2) A member of the Board may, on the application of a licensee, remove a condition of a licence, other than a prescribed condition or a condition attached pursuant to

section 8.1, subsection 10 (4), 11 (5), 11.1 (4) or clause (1)

(a), if there is a change in circumstances.

(23) The Act is amended by adding the following section:

Removal of condition

14.1 The Registrar may, on the application of a licensee, remove a condition that was attached pursuant to subsection 10 (4), 11 (5), 11.1 (4) or clause 14 (1) (a), if there is a change in circumstances that

satisfies the Registrar that the condition is no longer appropriate.

(24) Subsection 15 (4) of the Act is repealed and the following substituted:

Same, manufacturer's licence

(4) The Registrar may issue a proposal to revoke or suspend a manufacturer's licence or refuse to renew such a licence for any ground under clause 6 (2) (a), (d), (e), (

f) or (g), or if the licensee has failed to pay any fees,

charges or levies or the licensee has contravened this Act, the regulations or a condition of the licence.

(25) Subsection 15 (5) of the Act is amended by striking out "brew" and substituting "ferment".

(26) Section 16 of the Act is repealed and the following substituted:

Change of ownership of business or change of licensee

16. Except as permitted by the regulations, if there is a prescribed change of ownership of a business carried on under a licence or a change of licensee, no person shall keep for sale, offer for sale or sell liquor,

deliver liquor for a fee or operate a ferment on premise facility under the authority of the licence unless the licence is transferred by the Registrar in accordance with this Act and the regulations.

(27) Subsection 17 (1) of the Act is amended by striking out "brew" and substituting "ferment".

(28) Subsection 17 (2) of the Act is repealed and the following substituted:

Requirements, licence to sell liquor

(2) An applicant for the transfer of a licence to sell liquor is entitled to the transfer except if,

(

a) the applicant would not be entitled to the issuance of a licence for any ground under clauses 6 (2) (

a) to (g.1) or subsection 6 (4) or (4.1); or

(

b) the Registrar has issued a notice of proposal in respect of the holder of the licence or the premises.

(29) Subsection 17 (2.1) of the Act is repealed and the following substituted:

Same, licence to operate ferment on premise facility

(2.1) An applicant for the transfer of a licence to operate a ferment on premise facility is entitled to the transfer except if the

applicant would not be entitled to the issuance of a licence for any ground under clauses 6 (2) (

a) to (g.1).

(30) Subsection 17 (3) of the Act is amended by striking out "(g)" and substituting "(g.1)".

(31) Subsection 18 (1) of the Act is amended by striking out "brew" and substituting "ferment".

(32) Subsection 19 (9) of the Act is repealed and the following substituted:

Removal of conditions

(9) A member of the Board may, on the application of a permit holder, remove a condition of a permit, other than a prescribed condition or a condition attached pursuant to subsection (5) or clause (8) (a).

(33) Section 19 of the Act is amended by adding the following subsection:

Removal of condition

(10.1) The Registrar may, on the application of a permit holder, remove a condition that was attached pursuant to subsection (5) or clause (8) (a), if there is a change in circumstances that satisfies the Registrar that the condition

is no longer appropriate.

(34) Subsection 19 (11) of the Act is amended by striking out "issue a proposal to".

(35) Subsection 19 (12) of the Act is repealed.

(36) Subsection 19 (13) of the Act is amended by striking out "(12)" and substituting "(11)".

(37) Subsection 20 (4) of the Act is repealed and the following substituted:

Exception

(4) An order to disqualify premises shall remain in effect until at least two years have passed since the order and shall remain in effect until the Registrar is of the opinion that the order is no longer required.

(38) Subsection 21 (1) of the Act is amended by adding the following paragraph:

1.1 Refuse an application for a licence to sell liquor.

(39) Paragraph 3 of subsection 21 (1) of the Act is amended by striking out "brew" and substituting "ferment".

(40) Paragraph 5 of subsection 21 (1) of the Act is amended by striking out "other than a manufacturer's licence".

(41) Subsections 22 (2), (3), (4) and (5) of the Act are amended,

(

a) by striking out "Board" wherever that expression appears and substituting in each case "Registrar"; and

(

b) by striking out "Board's" wherever that expression appears and substituting in each case "Registrar's".

(42) Subsections 30 (4.1), (6) and (7) of the Act are amended by striking out "brew" wherever that expression appears and substituting in each case "ferment".

(43) Subsection 30 (9) of the Act is amended by adding "or service" after "sale".

(44) Subsection 30 (11) of the Act is amended by adding "or service" after "sale".

(45) Subsection 31 (3.1) of the Act is amended by striking out "brew" and substituting "ferment".

(46) Section 31 of the Act is amended by adding the following subsection:

Interpretation

(6) In this section, a reference to a police officer includes a conservation officer.

(47) Subsection 32 (6) of the Act is amended by adding the following definition:

"police officer" includes a conservation officer. ("agent de police")

(48) Clause 33.1 (2) (

b) of the Act is repealed and the following substituted:

(

b) serving the liquor to other individuals at a residence as defined in

section 31 or at a private place as defined in the regulations;

(49) Subsection 38 (2) of the Act is repealed and the following substituted:

Order of cessation

(2) If the Registrar is of the opinion that an advertisement contravenes this Act or the regulations, the Registrar may order the cessation of the use of the advertisement.

(50) Subsection 38 (3) of the Act is amended by striking out "Board" and substituting "Registrar".

(51) Section 41 of the Act is amended by striking out "Board" and substituting "Registrar".

(52) Subsections 44.1 (1), (2), (3), (4), (7), (8) and (9) of the Act are amended by striking out "chair" wherever that expression appears and substituting in each case "Registrar".

(53) Section 47 of the Act is amended by adding the following subsection:

Definition

(0.1) In this

section and in

section 48,

"police officer" includes a conservation officer.

(54) Paragraphs 9.1 and 10.1 of subsection 62 (1) of the Act are amended by striking out "brew" wherever that expression appears and substituting in each case "ferment".

(55) Subsection 62 (1) of the Act is amended by adding the following paragraph:

10.2 governing the information that may or must appear on labels and containers of liquor sold or kept for sale at a government store;

(56) Paragraphs 11.1, 12.1, 20.1 and 23.1 of subsection 62 (1) of the Act are amended by striking out "brew" wherever that expression appears and substituting in each case "ferment".

(57) Paragraph 24 of subsection 62 (1) of the Act is amended by striking out "for the service or delivery of liquor" and substituting "or programs".

(58) Paragraph 27 of subsection 62 (1) of the Act is amended by striking out "Board" and substituting "Registrar".

Motor Vehicle Dealers Act, 2002

17. (1) Subsection 1 (1) of the Motor Vehicle Dealers Act, 2002 is amended by adding the following definition:

"investigator" means an investigator appointed under subsection 18 (1); ("enquêteur")

(2) The following provisions of the Act are amended by striking out "information in any form" wherever that expression appears and substituting in each case "information that is relevant to the inspection and that is in any

form":

1. Clause 15 (2) (b).

2. Subsection 15 (4).

(3) Subsection 18 (3) of the Act is repealed and the following substituted:

Production of certificate of appointment

(3) Every investigator who is conducting an investigation, including under

section 19, shall, upon request, produce the certificate of appointment as an investigator.

(4) Subsection 19 (1) of the Act, as it will read on the day subsection 16 (15) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 comes into force, is amended by striking out

"appointed under this Act" in the portion before clause (a).

(5) Subsection 19 (2) of the Act, as it will read on the day subsection 16 (15) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 comes into force, is amended by striking

out the portion before clause (

a) and substituting the following:

Powers under warrant

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

. . . . .

(6) Clause 19 (2) (

a) of the Act, as it will read on the day subsection 16 (15) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 comes into force, is amended by

striking out "upon producing his or her appointment".

(7) Subsection 19 (5) of the Act, as it will read on the day subsection 16 (15) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 comes into force, is amended by

adding "and other persons as necessary" after "knowledge".

(8) Subsection 19 (11) of the Act, as it will read on the day subsection 16 (15) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 comes into force, is repealed and

the following substituted:

Return of seized items

(11) An investigator who seizes any thing under this

section or

section 19.1 may make a copy of it and shall return it within a reasonable time.

(9) Subsections (4) to (8) apply only if subsection 16 (15) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 comes into force.

(10) Section 19.1 of the Act is repealed and the following substituted:

Seizure of things not specified

19.1 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.

Paperback and Periodical Distributors Act

(1) The Paperback and Periodical Distributors Act is amended by adding the following heading immediately before

section 1:

Interpretation and Administration

(2) The

definitions of "business premises" and "dwelling" in subsection 1 (1) of the Act are repealed.

(3) Subsection 1 (1) of the Act is amended by adding the following

definitions:

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

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

(4) The Act is amended by adding the following heading immediately before

section 3:

Registration

(5) The Act is amended by adding the following heading immediately before

section 6:

Duties, Inspections and Investigations

(6) Subsection 9 (2) of the Act is repealed.

(7) The Act is amended by adding the following section:

Appointment of investigators

9.1

(1) The Director may appoint persons to be investigators for the purposes of conducting investigations.

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.

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.

(8) Section 10 of the Act is repealed and the following substituted:

Search warrant

(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,

(

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

described in the warrant.

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.

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.

Conditions on warrant

Expert help

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.

Expiry of warrant

(7) A warrant issued under this

30 days, upon application without notice by an investigator.

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.

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.

Assistance

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.

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.

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.

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.

Dwellings

(2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling.

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.

Applicability of s. 10

(4) Subsections 10 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.

(9) The Act is amended by adding the following heading immediately before

section 11:

General

(10) Subsection 11 (1) of the Act is amended by striking out the portion before clause (

a) and substituting the following:

Matters confidential

(1) Every person employed in the administration of this Act, including any person making an inspection or an investigation, shall preserve secrecy in respect of all matters that come to his or her knowledge in the course of his or

her duties, employment, inspection or investigation and shall not communicate any such matters to any other person except,

. . . . .

(12) Subsections (10) and (11) apply only if subsection 17 (1) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 has not come into force by the day subsections

(10) and (11) come into force.

Partnerships Act

19. Subsections 10 (2) and (3) of the Partnerships Act are repealed and the following substituted:

Limited liability partnerships

(2) Subject to subsections (3) and (3.1), a partner in a limited liability partnership is not liable, by means of indemnification, contribution or otherwise, for,

(

a) the debts, liabilities or obligations of the partnership or any partner arising from the negligent or wrongful acts or omissions that another partner or an employee, agent or representative of the partnership commits in the course of the

partnership business while the partnership is a limited liability partnership; or

(

b) any other debts or obligations of the partnership that are incurred while the partnership is a limited liability partnership.

Limitations

(3) Subsection (2) does not relieve a partner in a limited liability partnership from liability for,

(

a) the partner's own negligent or wrongful act or omission;

(

b) the negligent or wrongful act or omission of a person under the partner's direct supervision; or

(

c) the negligent or wrongful act or omission of another partner or an employee of the partnership not under the partner's direct supervision, if,

(

i) the act or omission was criminal or constituted fraud, even if there was no criminal act or omission, or

(ii) the partner knew or ought to have known of the act or omission and did not take the actions that a reasonable person would have taken to prevent it.

Same

(3.1) Subsection (2) does not protect a partner's interest in the partnership property from claims against the partnership respecting a partnership obligation.

Public Guardian and Trustee Act

(1) Section 2 of the Public Guardian and Trustee Act is amended by adding the following subsection:

Power to act as corporate director

(5) Despite paragraph 3 of subsection 118 (1) of the Business Corporations Act , the Public Guardian and Trustee may act as a director of a corporation in which,

(

a) a deceased person was the sole shareholder and for whose estate the Public Guardian and Trustee acts as estate trustee if it is necessary and expedient to do so to protect or preserve the interest of the deceased person's estate in the

corporation or to provide for the orderly winding-up or dissolution of the corporation; or

(

b) a mentally incapable person is the sole shareholder and for whom the Public Guardian and Trustee acts as the guardian of property if it is necessary and expedient to do so to protect or preserve the interest of the mentally incapable person

in the corporation or to provide for the orderly winding-up or dissolution of the corporation.

(2) Section 5.1 of the Act is amended by adding the following subsections:

Immunity when acting as director

(3) Without limiting subsection (1), if, in the course of the exercise or intended exercise of any power or the performance of any duty under this Act or any other Act, the Public Guardian and Trustee becomes a director of a

corporation, the Public Guardian and Trustee shall not be liable as a director under any Act in respect of any debt or other liability of the corporation, or any claim against the corporation, or for any act or omission by the corporation or by

the Public Guardian and Trustee acting in his or her capacity as director, if he or she has acted honestly and in good faith with a view to the best interests of the corporation.

Indemnity

(4) If the Public Guardian and Trustee acts as a director of a corporation on behalf of a deceased person's estate or a mentally incapable person, the Public Guardian and Trustee may obtain an indemnity from the estate of the

deceased or mentally incapable person against all costs, charges and expenses, including any amount paid to settle an action or satisfy a judgment, reasonably incurred by him or her in respect of any civil, criminal or administrative action or

proceeding to which he or she is made a party by reason of being or having been a director of the corporation if he or she has acted honestly and in good faith with a view to the best interests of the corporation.

Real Estate and Business Brokers Act, 2002

21. (1) Subsection 1 (1) of the Real Estate and Business Brokers Act, 2002 is amended by adding the following definition:

"investigator" means an investigator appointed under subsection 22 (1); ("enquêteur")

(2) The Act is amended by adding the following section:

Suspension without a hearing

16.1

(1) If a registrant does not pay any amounts that the registrant is required to pay with respect to insurance, the registrar shall suspend the registration of the registrant effective as of the date

at which the term of the insurance related to the payment begins.

No hearing

(2) Section 14 does not apply to a suspension of registration under subsection (1).

Notice of suspension

(3) The registrar shall give written notice to the registrant, that sets out,

(

a) the fact that the registrar has suspended the registration;

(

b) the reason for the suspension;

(

c) the date as of which the suspension took effect;

(

d) the fact that the registrant is not entitled to request a hearing under

section 14 with respect to the suspension; and

(

e) the registrant's right of revival of the registration under subsection (4).

Revival

(4) The registrant is entitled to have the registration revived for the unexpired balance of its term upon,

(

a) paying the unpaid amounts, for which default in payment resulted in the suspension; and

(

b) providing to the registrar evidence in writing satisfactory to the registrar that the registrant has paid all amounts

Document details

Collection	Ontario — Bills
Citation	Bill 152, 38-2
Type	bill
Volume / chapter	p38 s2 bill-152 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	aa6b3bdb63f633a026b08b7adb3e68f7e3cb2378

Source file is stored in the law ingest library (html).