Gareth Rodgers Act for Sport Parachuting (Freefalling Regulation), 2004 Tascona, Joseph N. — Bill 87 (38th Parliament, 1st Session)

Bill 87, 38-1

Ontario — Bills

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Bill 87, Gareth Rodgers Act for Sport Parachuting (Freefalling Regulation), 2004

Tascona, Joseph N.

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[38] Bill 87 Original (PDF)

Bill 87 2004

An Act in memory of

Gareth Rodgers

to regulate freefalling

CONTENTS

Definitions

Definitions

Permits

Permit required

Application for permit

Address for service

Refusal to issue or renew permit

Identification card

Terms of permit

Suspension or revocation of permit

Immediate suspension

Continuation pending renewal

Cancellation on request

Further applications

Regulation of Permittees

and Investigations

Identification card

Facilitating investigation

Investigators

Investigation without warrant

General

Non-compellable witness

Crown liability

Offences

Regulations

Complementary amendment

Commencement

Short title

______________

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

Definitions

Definitions

1. In this Act,

"investigator" means an investigator appointed under

section 15; ("enquêteur")

"Minister" means the Minister of Consumer and Business Services or whatever other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act ; ("ministre")

"Ministry" means the Ministry of the Minister; ("ministère")

"parachute" means an apparatus of whatever kind that relies solely on slowing the flow of air around the person using the parachute to allow the person to descend safely from a height without any other assistance, whether motorized or not;

("parachute")

"permit" means a permit issued under this Act; ("permis")

"permittee" means the holder of a permit; ("titulaire de permis")

"Registrar" means the Registrar appointed by the Minister; ("registrateur")

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

"Tribunal" means the Licence Appeal Tribunal. ("Tribunal")

Permits

Permit required

(1) Subject to subsection (2), no person shall participate in freefalling unless the person holds a permit and uses a parachute that meets the prescribed requirements.

Exceptions

(2) Subsection (1) does not apply to a person who engages in freefalling if,

(

a) the freefalling is from a height of not more than seven metres from the surface of the ground or whatever other distance the regulations prescribe;

(

b) the freefalling is from a height of not more than 10 metres from the surface of water or whatever other distance the regulations prescribe, if the depth of the water is at least equal to the height of the freefall; or

(

c) the freefalling takes place in other circumstances that are prescribed.

Application for permit

(1) A person may apply to the Registrar for the issuance or the renewal of a permit.

Qualifications

(2) A person is not eligible for a permit unless the person,

(

a) has attained the age of 18 years; and

(

b) has passed the prescribed examinations or has attained the prescribed standards with respect to the safe use of a parachute while freefalling.

Form of application

(3) An application for the issuance or the renewal of a permit shall be in a form approved by the Registrar, shall be completed and signed by the applicant and shall include,

(

a) the information with respect to the application that the Registrar determines or the regulations prescribe, which information may include information relating to personal identification; and

(

b) payment of the fee, if any, prescribed by the regulations.

Address for service

(1) Every applicant for the issuance of a permit or the renewal of a permit shall state in the application an address for service in Ontario.

Change in address

(2) A permittee who changes address for service shall notify the Registrar in writing within five days of making the change.

Service

(3) All notices under this Act are sufficiently given or served if sent by a form of mail that provides proof of delivery or if delivered to the latest address given under this section.

Refusal to issue or renew permit

(1) The Registrar shall refuse to issue a permit to an applicant or to renew the permit of an applicant on finding that the applicant is not eligible for a permit under

section 3.

No hearing required

(2) The Registrar is not required to hold a hearing or to afford to any person an opportunity for a hearing before refusing to issue or to renew a permit under subsection (1).

Identification card

(1) Upon issuing or renewing a permit, the Registrar shall issue to the applicant an identification card bearing the name of the applicant, the expiry date of the permit and the Registrar's signature or

a facsimile of it.

Return of card

(2) A permittee to whom the Registrar has issued an identification card shall return it to the Registrar as soon as the permit is no longer in effect under this Act and shall not make any further use of it.

Terms of permit

(1) A permit is subject to those terms to give effect to the purposes of this Act that the Registrar imposes or that the regulations prescribe.

No transfers

(2) A permit is not transferable.

Suspension or revocation of permit

(1) The Registrar may propose to suspend or to revoke a permit if, based on an investigation under

section 16, the Registrar finds that the permittee has contravened or failed to comply with this Act,

the regulations or the terms of a permit.

Registrar's proposed order

(2) If the Registrar proposes to suspend or revoke a permit, the Registrar shall serve notice of a proposed order, together with written reasons, on the applicant or permittee.

Right to hearing

(3) The notice of the proposed order shall inform the applicant or permittee that the person is entitled to a hearing before the Tribunal.

Request for hearing

(4) To request a hearing, the person shall serve a written request on the Registrar and the Tribunal within 15 days after the Registrar serves the notice of the proposed order.

If no hearing

(5) The Registrar may make the proposed order, if the person does not request a hearing within the allowed time.

Hearing

(6) If the person requests a hearing, the Tribunal shall

schedule and hold the hearing.

Parties

(7) The Registrar, the person who requested the hearing and the other persons that the Tribunal specifies are parties to the hearing.

Order of Tribunal

(8) After holding a hearing, the Tribunal may by order,

(

a) confirm or set aside the proposed order;

(

b) direct the Registrar to take the action that the Tribunal considers the Registrar ought to take to give effect to the purposes of this Act.

Discretion of Tribunal

(9) In making an order, the Tribunal may substitute its opinion for that of the Registrar.

Terms of order

(10) The Tribunal may attach those terms to its order or to the permit that it considers appropriate.

Immediate suspension

(1) The Registrar may by order suspend a permit without serving a proposed order under

section 8 if the Registrar considers it to be necessary in the public interest.

Effect of order

(2) The Registrar shall serve a copy of the order made together with written reasons for it on the permittee and it takes effect immediately on being served.

Right to hearing

(3) Subsections 8 (3), (4) and (6) to (10) apply to the order in the same way as to a proposed order under that section.

Expiry of order

(4) If the permittee requests a hearing, the order expires on the day the order of the Tribunal takes effect.

Combined hearing

(5) If the Registrar makes an order under this

section with respect to a permittee before a hearing is held under

section 8 with respect to a notice of a proposed order that the Registrar has served on the permittee, the Tribunal may

hold only one hearing to deal with both the order made and the proposed order.

Continuation pending renewal

10. If, within the time prescribed by the regulations or, if no time is prescribed, before the expiry of a permit, the permittee applies in accordance with the regulations for renewal of the permit and pays the fee,

if any, prescribed by the regulations, the permit shall be deemed to continue until the Registrar grants or refuses to grant the renewal.

Cancellation on request

11. The Registrar may cancel a permit upon the request in writing of the permittee and

section 8 does not apply to the cancellation.

Further applications

(1) No person whose permit is revoked may apply to the Registrar for a permit unless the person, after the revocation, passes the prescribed examinations or attains the prescribed standards with

respect to the safe use of a parachute while freefalling.

Suspended permits

(2) No person whose permit is suspended may apply to the Registrar for a permit during the suspension.

Regulation of Permittees

and Investigations

Identification card

13. A permittee shall, when using or preparing to use a parachute while freefalling, carry the identification card that the Registrar has issued to the permittee under this Act and, upon request, shall produce it for

investigation.

Facilitating investigation

14. It is a term of every permit that the permittee facilitate investigations under this Act.

Investigators

(1) The Registrar may appoint any person to be an investigator for the purpose of determining whether a person has complied with this Act, the regulations or the terms of a permit.

Certificate of appointment

(2) The Registrar shall issue to every investigator a certificate of appointment, bearing the Registrar's signature or a facsimile of it.

Police officers

(3) Police officers, by virtue of office, are investigators for the purposes of this Act and the regulations, but subsection (2) does not apply to them.

Proof of appointment

(4) Every investigator who exercises powers under this Act shall, upon request, produce the certificate of appointment as an investigator or identification as a police officer, as the case may be.

Investigation without warrant

(1) An investigator may, without warrant or court order, conduct an investigation in accordance with this

section if the investigator does so for the purpose of determining whether a person has

contravened or failed to comply with this Act, the regulations or the terms of a permit.

Powers of investigator

(2) In an investigation under this section, an investigator may,

(

a) stop, detain, enter and inspect a conveyance if the investigator has reasonable grounds to believe that a person is using it to assist in freefalling or to store a parachute used in freefalling;

(

b) enter and inspect any premises in accordance with this

section if the investigator has reasonable grounds to believe that a person is using it to assist in freefalling or to store a parachute used in freefalling;

(

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

(

d) demand the production for inspection of any thing relevant to the investigation;

(

e) use any data storage, processing or retrieval device or system belonging to the persons being inspected in order to produce a record in readable form of the records and other matters produced in response to a demand mentioned in clause (d);

(

f) in accordance with the regulations, seize or detain any thing relevant to the investigation if the thing is capable of being seized or detained.

Entry to dwellings

(3) An investigator shall not, without the consent of the occupier, exercise a power to enter a place that is being used as a dwelling, except under the authority of a search warrant issued under

section 158 of the Provincial

Offences Act .

Time for entry

(4) An investigator shall exercise the power to enter a premises or conveyance under this

section only during reasonable hours for the premises or conveyance.

Written demand

Document details

Collection	Ontario — Bills
Citation	Bill 87, 38-1
Type	bill
Volume / chapter	p38 s1 bill 87 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	d15ec65efd719e1a4a9494fea4bb65e10053fe3b

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