Technical Standards and Safety Statute Law Amendment Act, 2009 McMeekin, Hon. Ted Minister of Consumer Services — Bill 187 (39th Parliament, 1st Session)

Bill 187, 39-1

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Bill 187, Technical Standards and Safety Statute Law Amendment Act, 2009

McMeekin, Hon. Ted Minister of Consumer Services

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[39] Bill 187 Royal Assent (PDF)

Bill 187 2009

An Act to amend

the Technical Standards and Safety Act, 2000 and the Safety and Consumer

Statutes Administration Act, 1996

This

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

Acts, see the Table of Consolidated Public Statutes – Detailed Legislative

History at 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:

(1) Section 3 of the Technical Standards and Safety

Act, 2000 is amended by adding the following definition:

"Corporation"

means the corporation continued by subsection 3.1 (1); ("Société")

(2) The definition of "designated

administrative authority" in

section 3 of the Act is repealed.

2. The Act is amended by adding the following

sections immediately before the heading "Directors and Inspectors":

Corporation

Corporation continued

3.1

(1) The

Technical Standards and Safety Authority is continued as a corporation without

share capital under the name Technical Standards and Safety Authority in

Letters patent revoked

(2) The letters patent and supplementary letters patent of

the Technical Standards and Safety Authority are revoked.

Composition

3.2

(1) The

Corporation is composed of the members of its board of directors.

Same

(2) A person ceases to be a member of the Corporation when

he or she ceases to be a director.

Not Crown agents

3.3

(1) The

Corporation and its members, officers, directors, employees and agents, together

with the persons whose services it retains, are not agents of the Crown and

shall not hold themselves out as agents of the Crown.

Same

(2) The directors described in subsection (1) include

directors appointed by the Minister.

Application of corporate statutes

3.4

(1) The

Corporations Act

and the Corporations

Information Act apply to the Corporation.

Conflict

(2) In the event of a conflict between this Act and the Corporations Act ,

this Act prevails.

Powers of a natural person

3.5 The

Corporation has the capacity and the rights, powers and privileges of a natural

person, except as limited by this Act or as prescribed.

Objects of the Corporation

3.6 The

following are the objects of the Corporation:

1. To

promote and undertake activities which enhance public safety in relation to the

matters assigned to the Corporation under this Act and the regulations.

2. To

undertake public safety services in relation to the matters assigned to the

Corporation under this Act and the regulations, including training,

certification, licensing, registration, audit, quality assurance, inspection,

investigation and enforcement.

3. To

promote and undertake activities which encourage the harmonization of technical

safety standards and compliance practices.

4. To

inform, educate and work with industry, government and the public in relation

to the matters assigned to the Corporation under this Act and the regulations.

5. To

encourage industry to enhance safety in a responsible manner in relation to the

matters assigned to the Corporation under this Act and the regulations.

6. To

promote and undertake additional activities in accordance with the memorandum

of understanding under

section 3.15.

7. To

carry out any additional objects the Minister may by order specify.

Board of directors

3.7

(1) The

board of directors shall manage or supervise the management of the affairs of

the Corporation.

Composition

(2) The board of directors shall consist of 13 members

unless the number is changed by order of the Minister under clause (8) (a).

Appointed directors

(3) The Minister may appoint at pleasure directors to the

board as long as the directors appointed by the Minister do not constitute a

majority of the board.

Same

(4) The directors appointed by the Minister may include

representatives of consumer groups, business, government organizations or such

other interests as the Minister determines.

Same

(5) The Corporation shall provide for the payment of

reasonable remuneration and expenses to the directors appointed by the

Minister.

Number of appointed directors

(6) Subject to subsection (3), the number of directors

appointed by the Minister shall be established by order of the Minister.

Elected directors

(7) Directors other than the directors appointed by the

Minister shall be elected by the members of the board.

Change in number of directors

(8) Subject to subsection (3), the Minister may, by order,

increase or decrease,

(

a) the

number of members of the board; and

(

b) the

number of directors appointed by the Minister.

Qualifications

(9) A person may be appointed or elected a director under

this

section only if the person meets the competency criteria approved by the

Minister.

Chair and vice-chair

(10) The Minister shall appoint the chair and the

vice-chair of the board from among the directors.

Transition, board of directors

(11) The persons who are directors of the Technical

Standards and Safety Authority immediately before the day this subsection comes

into force continue as directors of the Corporation until replaced or removed.

By-laws

3.8 The

board of directors may make by-laws governing the conduct and management of the

affairs of the Corporation.

Employees and consultants

3. 9 Subject

to the memorandum of understanding under

section 3.15, the Corporation may

employ or retain the services of any qualified person to carry out any power or

duty of the Corporation relating to the administration of this Act and the regulations

by the Corporation.

Advisory councils

3.10

(1) The

board of directors shall by by-law establish one or more advisory councils.

Composition

(2) A by-law establishing an advisory council shall

provide for the council's composition and may require that the council include

consumers or persons who have experience or knowledge relating to any matters

assigned to the Corporation under this Act and the regulations.

Functions, etc.

(3) A by-law establishing an advisory council shall

provide for the council's functions and for the council members' term of

appointment, remuneration and payment of expenses.

Chief safety and risk officer

3.11

(1) The Corporation shall

appoint a chief safety and risk officer with the consent of the Minister.

Independent review of Corporation's activities

(2) The chief safety and risk officer shall independently

review the Corporation's activities or proposed activities related to the

public safety responsibilities assigned to the Corporation under this Act and

the regulations.

Reports

(3) The chief safety and risk officer may prepare a report

on any matter related to the Corporation's activities or proposed activities

referred to in subsection (2) if the officer considers it in the public

interest to do so.

Same

(4) The chief safety and risk officer shall prepare an

annual report and such other reports as may be requested by the board of

directors or the Minister.

Publication of reports

(5) Reports prepared by the chief safety and risk officer

shall be made available at the Corporation's annual meeting and shall be made

available to the public.

Administration of this Act and the regulations

3.12

(1) The

Corporation shall administer,

(

a) all

provisions of this Act, except for sections 3.1 to 3.24, 33, 34, 35 and 35.1,

subsections 36 (1), (2) and (5) and such other provision as may be specified by

a regulation made by the Minister under

section 35.1; and

(

b) the

regulations, except such regulation or provision of a regulation as may be

specified by a regulation made by the Minister under

section 35.1.

Same

(2) The Corporation shall carry out the administration of

this Act and the regulations as provided under subsection (1) in accordance

with the law, this Act, the regulations, Minister's orders and the memorandum

of understanding under

section 3.15.

Interpretation

(3) In sections 3.1 to 3.24, a reference to the

administration of this Act and the regulations by the Corporation is deemed to

be a reference to the administration of this Act and the regulations by the

Corporation as provided under subsection (1).

Duties of the Corporation,

enforcement

3.13

(1) The

Corporation shall co-ordinate its enforcement activities in relation to the

investigation of serious incidents with the enforcement activities of other

provincial and federal enforcement authorities.

Same, requests of the Minister

(2) The Corporation shall respond in an expeditious manner

to all requests made by the Minister relating to,

(

a) the governance of the Corporation;

(

b) the administration of this Act and the

regulations by the Corporation;

(

c) the memorandum of understanding under

section

3.15; or

(

d) a policy direction issued by the Minister

under

section 3.14.

Policy directions

3.14

(1) The

Minister may issue policy directions to the Corporation if the Minister

considers it in the public interest to do so.

Same

(2) A policy direction may be issued on any matter

relating to the governance of the Corporation and the administration of this

Act and the regulations by the Corporation, including, but not limited to, the

requirement to develop written policies relating to conflict of interest,

political activity and disclosure of wrongdoing.

Same

(3) The Corporation shall comply and implement measures to

comply with the policy directions issued by the Minister.

Memorandum of understanding

3.15

(1) The

Minister and the Corporation shall enter into a memorandum of understanding,

which shall include terms relating to the following matters:

1. The administration of this

Act and the regulations by the Corporation.

2. The governance of the

Corporation.

3. The maintenance by the

Corporation of adequate insurance against liability arising out of its carrying

out the administration of this Act and the regulations.

4. Any other matter related to

the Corporation's public safety responsibilities.

Minister's terms

(2) On giving notice to the Corporation that the Minister

considers reasonable in the circumstances, the Minister may amend, add or

delete a term in the memorandum of understanding if the Minister considers it

advisable to do so in the public interest.

Transition,

administrative agreement

(3) The administrative

agreement entered into between the Minister and the Technical Standards and

Safety Authority under the Safety

and Consumer Statutes Administration Act, 1996 that is in effect

immediately before the day this subsection comes into force is deemed to be a

memorandum of understanding entered into between the Minister and the

Corporation under this section.

No personal

liability, directors, inspectors, etc.

3.16

(1) No

action or other proceeding shall be instituted against a person mentioned in

subsection (2) for any act done in good faith in the execution or intended execution

of any duty or power under this Act, the regulations or a Minister's order, or

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

or power.

Same

(2) Subsection (1)

applies to the following persons:

1. A director to whom this Act,

the regulations or a Minister's order give duties or powers.

2. A deputy director,

i. to whom duties are

assigned by a director referred to in paragraph 1, or

ii. who is acting as a

director referred to in paragraph 1.

3. An inspector.

4. An investigator.

5. An officer or a member of

the board of directors of the Corporation.

6. A person whom the

Corporation employs or whose services the Corporation retains under

section

3.9.

7. An

Document details

Collection	Ontario — Bills
Citation	Bill 187, 39-1
Type	bill
Volume / chapter	p39 s1 bill 187 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	c4f4618329819db00b8d4da9bf804cfbad277e20

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