Made in Ontario Act, 2010 Levac, Dave — Bill 35 (39th Parliament, 2nd Session)

Bill 35, 39-2

Ontario — Bills

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Bill 35, Made in Ontario Act, 2010

Levac, Dave

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[39] Bill 35 Original (PDF)

Bill 35 2010

Act to require merchandise that is manufactured in Ontario to be identified as

such

Her

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

Definitions

1. In

this Act,

"Commission"

means the Made in Ontario Commission established under

section 6;

("Commission")

"consumer" means an individual acting for personal, family or household

purposes and does not include a person who is acting for business purposes;

("consommateur")

"manufactured product" means a product that,

(

a) has

been transformed from a raw material into a finished item, and

(

b) is

offered for sale to consumers in Ontario; ("produit manufacturé")

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

Products

to be identified as made in Ontario

(1) A

manufacturer of a manufactured product shall ensure that the product is

identified, in accordance with the regulations, as having been made in Ontario if,

(

a) at

least 51 per cent of the total direct costs of manufacturing the product is

incurred in Ontario; and

(

b) the

last substantial transformation of the product occurred in Ontario.

Direct

costs of manufacturing

(2) For the purposes of clause (1) (a), the total direct

costs of manufacturing a product shall be calculated by taking into account,

(

a) expenditures

on materials incurred by the manufacturer in the manufacture of the product;

(

b) expenditures

on labour incurred by the manufacturer, where the labour can reasonably be

allocated to the manufacture of the product; and

(

c) expenditures

on overheads incurred by the manufacturer that relate directly to the

manufacture of the product and can reasonably be allocated to the manufacture

of the product.

Substantial

transformation

(3) For the purposes of clause (1) (b), a product

undergoes a substantial transformation if it undergoes a fundamental change in

form, appearance or nature such that the product existing after the change is

new and different from the product that existed before the change.

False

representation

3. No

person shall make a representation, knowing it to be false, for the purpose of

causing a manufactured product to be identified under

section 2 as made in Ontario.

Deceptive

use of identification

4. No

person shall knowingly use, cause or permit the use of the identification

prescribed under subsection 2 (1) to identify a product other than a product

described in that subsection.

Complaint

(1) Two

or more persons resident in Ontario who are not less than 18 years of age and

who are of the opinion that a person has contravened

section 2, 3 or 4 may

complain in writing to the Commission.

Same

(2) A complaint under subsection (1) shall contain the

prescribed information.

Commission

established

(1) The

the Commission d'identification des produits faits en Ontario is hereby

established.

Board

of directors

(2) The Commission shall have a board of directors

consisting of at least five members, all of whom shall be appointed by the

Lieutenant Governor in Council.

Quorum

(3) A majority of the members constitutes a quorum for

meetings of the board and may exercise the powers of the board.

Chair

and vice-chair

(4) The Lieutenant Governor in Council shall designate one

of the members as chair of the board and may designate one or more members as

vice-chairs.

Chair's

duty

(5) The chair shall preside over the meetings of the

board.

Acting

chair

(6) If the chair is absent or otherwise unavailable to act

or if the office of chair is vacant, a vice-chair shall act as and have all the

powers of the chair.

Remuneration

and expenses

(7) The Lieutenant Governor in Council may fix the

remuneration and allowance for expenses of the members.

Duties

of Commission

7. The

Commission shall be responsible for the administration and enforcement of this

Act and shall meet at least six times every year for this purpose.

Powers

of Commission

8. Except

as limited by this Act, the Commission has all the powers that are necessary or

expedient for carrying out its duties under this Act.

Investigation

(1) The

Commission shall investigate a person's compliance with

section 2, 3 or 4 if,

(

a) a

complaint is received under

section 5; or

(

b) on

its own initiative, the Commission finds reason to believe that a person has

contravened

section 2, 3 or 4.

Dismissal

of complaint

(2) Despite clause (1) (a), the Commission may dismiss a

complaint made under

section 5 without conducting an investigation if, in the

opinion of the Commission, the complaint does not present a reasonable basis

for an investigation.

Notice

of investigation

(3) The Commission shall notify a person whose conduct is

being investigated that the investigation is taking place and shall provide the

person with the opportunity to present relevant information to the Commission.

Hearing

not required

(4) The Commission is not required to hold a hearing in

exercising any power or making any decision under this Act.

Order

(5) Upon completion of its investigation, the Commission

shall issue an order and provide written reasons to,

(

a) the

complainants, if a complaint was made under

section 5; and

(

b) the

person or persons whose conduct was investigated.

Penalties

(6) If the Commission determines that a person has

contravened

section 2, 3 or 4 of this Act, the Commission may, in its order

issued under subsection (5), require the person to pay,

(

a) in

the case of an individual, a fine of not more than $2,000; and

(

b) in

the case of a corporation, a fine of not more than $5,000.

Appeal

10. A

person who is the subject of an order issued under subsection 9 (5) may appeal

the order to the Superior Court of Justice if the notice of appeal is filed no

later than 60 days after the Commission has mailed the reasons for the order to

the person.

Regulations

11. The

Lieutenant Governor in Council may make regulations,

(

a) prescribing

the form, content or any other aspect of the presentation of identification for

the purposes of subsection 2 (1);

(

b) prescribing

the information to be provided in a complaint for the purposes of

section 5;

(

c) respecting

any matter necessary to facilitate the implementation of this Act.

Commencement

12. This

Act comes into force six months after the day it receives Royal Assent.

Short

title

13. The

short title of this Act is the Made in Ontario Act, 2010.

EXPLANATORY NOTE

The

Bill requires manufacturers to identify as such merchandise that is

manufactured in Ontario. The Made in Ontario Commission is established for the

purpose of administering and enforcing the Act.

Date Bill stage Activity Committee

April 13, 2010

First Reading

Carried

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Document details

Collection	Ontario — Bills
Citation	Bill 35, 39-2
Type	bill
Volume / chapter	p39 s2 bill 35 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	c3d89b2cb34558bcee2a41d937594f48ab877f61

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