Bill 54, Safety and Consumer Statutes Administration Act, 1996

Safety and Consumer Statutes

Administration Act, 1996

EXPLANATORY NOTE

The purpose of the Act is to facilitate the administration of designated Acts named in the Schedule by delegating to designated administrative authorities certain powers and duties relating to the administration of those Acts.

The designation of Acts and administrative authorities is done by way of regulation made by the Lieutenant Governor in Council. It is possible to designate part of a designated Act, a regulation made under a designated Act or part of that regulation, as opposed to the whole Act. It is also possible to designate one or more administrative authorities for the purpose of administering designated legislation. Only not-for-profit corporations without share capital can be designated.

An administrative agreement between the designated administrative authority and the Minister responsible for the administration of the Act sets out the terms for delegation of administration of the designated legislation. Subject to certain limits, a designated administrative authority can establish forms and set and collect fees, administrative penalties, costs or other charges related to the administration of the designated legislation delegated to it.

The Bill makes consequential amendments to a number of Acts named in the Schedule. In addition, it provides a limitation period for offences in certain safety statutes that is two years from the date on which the facts that gave rise to the alleged offence were discovered.

Bill1996

An Act to provide for the delegation of the

administration of certain designated statutes

to designated administrative authorities and to

provide for certain limitation periods in those statutes

CONTENTS

Definitions and Administration
1. 2.	Purpose Definitions
Designations
3. 4. 5. 6.	Designations Administrative agreement Conflict Revocation of designations
Designated Administrative Authorities
7. 8. 9. 10. 11. 12. 13. 14. 15.	Duties Board Employees Not Crown agents Crown liability Forms and fees Reports Offences Regulations
Complementary Amendments
16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26.	Amusement Devices Act Boilers and Pressure Vessels Act Cemeteries Act (Revised) Elevating Devices Act Energy Act Gasoline Handling Act Ministry of Consumer and Commercial Relations Act Operating Engineers Act Real Estate and Business Brokers Act Travel Industry Act Upholstered and Stuffed Articles Act
Commencement and Short Title
27. 28.	Commencement Short title
Schedule

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

Definitions and Administration

Purpose

1. The purpose of this Act is to facilitate the administration of designated Acts named in the Schedule by delegating to designated administrative authorities certain powers and duties relating to the administration of those Acts.

Definitions

2. In this Act,

"administrative agreement" in relation to a designated administrative authority means an agreement that the Minister has entered into with the administrative authority with respect to the designated legislation for which the administration is delegated to the administrative authority; ("accord d'application")

"administrative authority" means a not-for-profit corporation without share capital incorporated under the laws of Ontario or Canada that operates in Ontario but that does not form part of the Government of Ontario, any other government or an agency of a government; ("organisme d'application")

"designated administrative authority" means an administrative authority that the Lieutenant Governor in Council has designated under subsection 3 (2); ("organisme d'application désigné")

"designated legislation" means legislation that is an Act named in the Schedule, a regulation made under that Act or provisions of that Act or that regulation, where the Lieutenant Governor in Council has designated the legislation under subsection 3 (1); ("texte législatif désigné")

"Minister" means the Minister responsible for the administration of this Act unless the context indicates otherwise. ("ministre").

Designations

Designations

3. (1) The Lieutenant Governor in Council may, by regulation, designate an Act named in the Schedule, a regulation made under that Act or provisions of that Act or that regulation as designated legislation for the purpose of this Act.

Same, administrative authority

(2) Subject to section 4, the Lieutenant Governor in Council may, by regulation, designate one or more administrative authorities for the purpose of administering designated legislation.

Delegation of administration

(3) Subject to subsection (4), if the Lieutenant Governor in Council designates an administrative authority for the purpose of administering designated legislation, all provisions in the legislation relating to its administration are delegated to the administrative authority unless specifically exempted in the designation of the administrative authority or the legislation.

Exception: regulations

(4) The powers to make regulations that designated legislation confers on the Lieutenant Governor in Council or the Minister responsible for the administration of the designated legislation are not delegated to the designated administrative authority.

Previous administration

(5) If the administration of designated legislation is delegated to a designated administrative authority, nothing in the delegation invalidates regulations made under the designated legislation, acts of the Minister responsible for the administration of the designated legislation in administering it, appointments made by that Minister under the designated legislation, registrations or any other acts done under the designated legislation that were in force immediately before the delegation.

Persons bound

(6) If the administration of designated legislation is delegated to a designated administrative authority, the legislation binds all persons whom it would bind if the administration of it had not been delegated.

Administrative agreement

4. (1) The Lieutenant Governor in Council may not designate an administrative authority for the purpose of designated legislation until the Minister and the administrative authority have entered into an administrative agreement.

Contents

(2) The administrative agreement shall include all matters that the Minister considers necessary for delegating the part of the administration of the designated legislation that is delegated to the administrative authority, including,

(a) a specification of which part of the administration of the designated legislation is delegated to the administrative authority;

(b) provision for the composition of the board of directors of the administrative authority;

(c) financial terms of the delegation, including licence fees, royalties, reimbursements for transfers of assets and payments to the Crown;

(d) provision for the resources that an administrative authority requires to carry out the administration delegated to it and to comply with this Act;

(e) the right, if any, of the administrative authority to purchase, use or otherwise have access to government assets, including information, records or intellectual property;

(f) a requirement that the administrative authority comply with the principle of maintaining a fair, safe and informed marketplace;

(g) a specification of the liability of the administrative authority arising out of the administrative authority's carrying out the administration delegated to it; and

(h) a requirement that the administrative authority maintain adequate insurance against liability arising out of the administrative authority's carrying out the administration delegated to it.

Minister's terms

(3) On giving the notice to the administrative authority that the Minister considers reasonable in the circumstances, the Minister may amend or insert a term in the administrative agreement or delete a term from it if,

(a) the term relates to the administration of the designated legislation delegated to the administrative authority; and

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

Conflict

5. A provision of this Act or the regulations made under it that conflicts with a provision of designated legislation, any other Act or the regulations made under them prevails.

Revocation of designations

6. (1) Subject to subsections (2) and (3), on giving the notice that the Lieutenant Governor in Council considers reasonable in the circumstances, the Lieutenant Governor in Council may, by regulation, revoke the designation of legislationfor which the administration is delegated to a designated administrative authority or revoke the designation of an administrative authority to which the administration of designated legislation is delegated if,

(a) the administrative authority has failed to comply with this Act, the designated legislation or the administrative agreement; or

(b) the Lieutenant Governor in Council considers it advisable to do so in the public interest.

Opportunity to remedy

(2) If a designated administrative authority to which the administration of designated legislation is delegated fails to comply with this Act, the designated legislation or the administrative agreement, the Minister shall,

(a) allow the administrative authority the opportunity of remedying its failure within the time period that the Minister considers reasonable in the circumstances; and

(b) advise the Lieutenant Governor in Council whether or not the administrative authority remedies its failure within the time period that the Minister specifies.

No revocation

(3) The Lieutenant Governor in Council shall not revoke the designation of the administrative authority if the designated administrative authority remedies its failure within the time period that the Minister specifies.

Voluntary revocation

(4) A designated administrative authority may request that the Lieutenant Governor in Council revoke its designation and in that case the Lieutenant Governor in Council shall, by regulation, revoke the designation on the terms that it considers advisable in the public interest.

Non-application of Act

(5) The Statutory Powers Procedure Act does not apply to the exercise by the Lieutenant Governor in Council of a right under this section to revoke a designation.

Designated Administrative Authorities

Duties

7. (1) A designated administrative authority shall carry out the administration of designated legislation delegated to it and shall do so in accordance with law, this Act, the designated legislation and the administrative agreement, having regard tothe intent and purpose of this Act and the designated legislation.

Additional activities

(2) Nothing in this Act restricts a designated administrative authority from carrying out other activities in accordance with its objects.

Board

8. (1) The Minister may appoint at pleasure one or more members to the board of directors of a designated administrative authority as long as the members appointed by the Minister do not constitute a majority of the board.

Composition

(2) The members appointed by the Minister may include representatives of consumer groups, business, government organizations or such other interests as the Minister determines.

Term of appointment

(3) The Minister shall set out the term of appointment in the appointment of each person whom the Minister appoints to the board.

Remuneration and expenses

(4) The administrative authority shall provide for the payment of reasonable remuneration and expenses to the members of the board whom the Minister appoints.

Duties

(5) The board of a designated administrative authority shall,

(a) suggest to the Minister amendments to Acts and regulations made under Acts that it considers would contribute to the purpose of this Act or designated legislation;

(b) inform and advise the Minister with respect to matters that are of an urgent or critical nature and that are likely to require action by the administrative authority or Minister to ensure that the administration of designated legislation delegated to the administrative authority is carried out properly; and

(c) advise or report to the Minister on any matter that the Minister may refer to the board relating to this Act or to the administration of designated legislation delegated to the administrative authority.

Members

(6) If the administration of designated legislation is delegated to a designated administrative authority, theadministrative authority may, by by-law, require that all persons who, in order to carry out an activity governed by the legislation, are required to register or obtain a licence, permit, certificate or any other authorization become members of the administrative authority on the terms that it specifies.

Employees

9. (1) Subject to the administrative agreement, a designated administrative authority may employ or retain the services of any qualified person, except a Crown employee, to carry out any power or duty of the authority relating to the administration of designated legislation delegated to the authority, including the power to appoint persons under the designated legislation if the power is delegated to the authority.

Not Crown employees

(2) Persons whom a designated administrative authority employs or whose services the authority retains under subsection (1) and members, officers, directors and agents of a designated administrative authority are not Crown employees and shall not hold themselves out as Crown employees.

Not Crown agents

10. (1) Designated administrative authorities and their members, officers, directors, employees and agents, together with the persons whose services the authorities retain, are not agents of the Crown and shall not hold themselves out as agents of the Crown.

Same, directors

(2) The directors described in subsection (1) include directors appointed by the Minister.

Previous forms

(3) A designated administrative authority to which the administration of designated legislation is delegated that uses forms prescribed in or under the legislation in carrying out the administration shall not hold itself out as an agent of the Crown in those forms.

Crown liability

11. (1) No action or other proceeding for damages shall be instituted against a Crown employee for an act done in good faith in the execution or intended execution of a duty or service under this Act or designated legislation for the purpose of this Act or for an alleged neglect or default in the execution in good faith of the duty or service.

Tort by Crown employee

(2) Despite subsections 5 (2) and (4) of the Proceedings Against Crown Act, subsection (1) does not relieve the Crown ofliability in respect of a tort committed by a Crown employee to which it would otherwise be subject.

No Crown liability

(3) No action or other proceeding for damages shall be instituted against the Crown for damages that a person suffers as a result of any act or omission of a person who is not an employee or agent of the Crown.

Indemnification

(4) Subject to the administrative agreement, a designated administrative authority shall indemnify the Crown in respect of damages and costs incurred by the Crown for any act or omission of the administrative authority or its members, officers, directors, employees or agents in carrying out,

(a) the administration of designated legislation delegated to it; or

(b) its duties under this Act, the designated legislation or the administrative agreement.

Forms and fees

12. (1) Subject to subsection (2), a designated administrative authority may,

(a) establish forms related to the administration of the designated legislation delegated to it; and

(b) set and collect fees, administrative penalties, costs or other charges related to the administration of the designated legislation delegated to it if it does so in accordance with the process and criteria that it establishes and that the Minister has approved.

Notice to Minister

(2) A designated administrative authority may not establish forms, fees, administrative penalties, costs or other charges under subsection (1) that conflict with any provision of the designated legislation or the regulations made under it unless,

(a) the administrative authority gives written notice to the Minister of all provisions of the designated legislation or the regulations made under it that are involved in the conflict; and

(b) 60 days have passed since the notice is given.

Previous forms and fees

(3) All provisions of the designated legislation or the regulations made under it that conflict with forms, fees, administrative penalties, costs and other charges that adesignated administrative authority establishes under subsection (1) shall be deemed to be of no effect if the administrative authority has complied with subsections (1) and (2).

Not public money

(4) The money that a designated administrative authority collects in carrying out the administration delegated to it is not public money within the meaning of the Financial Administration Act and the administrative authority may use it to carry out activities in accordance with its objects or any other purpose reasonably related to its objects.

Reports

13. (1) The board of a designated administrative authority shall report to the Minister within one year of the effective date of its designation under this Act, and each year after that, on its activities and financial affairs in respect of this Act, the designated legislation for which administration is delegated to the administrative authority and the regulations made under this Act and the designated legislation.

Form and contents

(2) The report shall be in a form acceptable to the Minister and shall provide the particulars that the Minister requires.

Tabling

(3) The Minister shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session.

Offences

14. (1) A designated administrative authority that knowingly contravenes this Act, the designated legislation for which administration is delegated to the administrative authority or the regulations made under this Act or the designated legislation is guilty of an offence and on conviction is liable to a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues.

Individuals

(2) A director, officer, employee or agent of a designated administrative authority who knowingly contravenes the designated legislation for which administration is delegated to the administrative authority or the regulations made under it is guilty of an offence.

Parties to offences

(3) A director or officer of a designated administrative authority is guilty of an offence who,

(a) knowingly causes, authorizes, permits or participates in the commission by the administrative authority of an offence mentioned in subsection (1); or

(b) fails to take reasonable care to prevent the administrative authority from committing an offence mentioned in subsection (1).

Penalty

(4) A person who is convicted of an offence under subsection (2) or (3) is liable to a fine of not more than $25,000 for each day or part of a day on which the offence occurs or continues.

Regulations

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

(a) designating an Act named in the Schedule, a regulation made under that Act or provisions of that Act or that regulation as designated legislation for the purpose of this Act;

(b) designating administrative authorities for the purpose of administering designated legislation and specifying in the designation the part of the administration of the designated legislation that is delegated to them;

(c) providing for proceedings under designated legislation, including hearings, appeals and the right of designated administrative authorities to whom the administration of designated legislation is delegated to recover from the parties to the proceedings the costs that they incur in respect of the proceedings; or

(d) respecting any matter that the Lieutenant Governor in Council considers advisable to carry out effectively the intent and purpose of this Act or designated legislation.

Scope of regulations

(2) A regulation may be general or particular in its application.

Complementary Amendments

16. Subsection 18 (3) of the Amusement Devices Act is repealed and the following substituted:

Time limit

(3) No proceeding in respect of an alleged offence under this Act may be commenced after two years following the date on which the facts that gave rise to the alleged offence were discovered.

17. Section 41 of the Boilers and Pressure Vessels Act is amended by adding the following subsection:

Time limit

(2) No proceeding in respect of an alleged offence under this Act may be commenced after two years following the date on which the facts that gave rise to the alleged offence were discovered.

18. Subsection 62 (3) of the Cemeteries Act (Revised) is amended by adding at the end "if the administration of this section is not delegated to a designated administrative authority within the meaning of the Safety and Consumer Statutes Administration Act, 1996."

19. Subsection 30 (3) of the Elevating Devices Act is repealed and the following substituted:

Time limit

(3) No proceeding in respect of an alleged offence under this Act may be commenced after two years following the date on which the facts that gave rise to the alleged offence were discovered.

20. Section 27 of the Energy Act is amended by adding the following subsection:

Time limit

(2) No proceeding in respect of an alleged offence under this Act may be commenced after two years following the date on which the facts that gave rise to the alleged offence were discovered.

21. Section 18 of the Gasoline Handling Act is amended by adding the following subsection:

Time limit

(3) No proceeding in respect of an alleged offence under this Act may be commenced after two years following the date on which the facts that gave rise to the alleged offence were discovered.

22. (1) Subsection 13 (1) of the Ministry of Consumer and Commercial Relations Act is amended by striking out "or" at the end of clause (a), by adding "or" at the end of clause (b) and by adding the following clause:

(c) to an employee of the designated administrative authority within the meaning of the Safety and Consumer Statutes Administration Act, 1996 to which the administration of the Act is delegated.

(2) Subsection 16 (4) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 90, is repealed and the following substituted:

Delegation

(4) A Director or chief officer appointed under an Act may delegate in writing to any person any of his or her powers or duties under the Act, subject to the conditions that the Director or chief officer imposes.

23. Section 34 of the Operating Engineers Act is amended by adding the following subsection:

Time limit

(3) No proceeding in respect of an alleged offence under this Act may be commenced after two years following the date on which the facts that gave rise to the alleged offence were discovered.

24. Subsection 20 (2) of the Real Estate and Business Brokers Act is repealed and the following substituted:

Unclaimed trust money

(2) If a broker holds money in trust for a period of one year after the person for whom it is held first became entitled to payment of the money and the person cannot be located, the broker shall pay the money to,

(a) the Minister of Finance if the administration of this section is not delegated to a designated administrative authority within the meaning of the Safety and Consumer Statutes Administration Act, 1996; or

(b) the designated administrative authority within the meaning of the Safety and Consumer Statutes Administration Act, 1996 to which the administration of this section is delegated.

Payment out

(3) The Minister of Finance or the designated administrative authority, as the case may be, that receives money under subsection (2) shall pay the money to the person who appears to that Minister or the authority, as the case may be, to be entitled to the money.

25. Section 28 of the Travel Industry Act is repealed.

26. (1) Subsection 24 (1) of the Upholstered and Stuffed Articles Act is repealed and the following substituted:

Service

(1) Any notice or order required to be given or served under this Act or the regulations is sufficiently given or served if delivered personally or sent by registered mail addressed to the person to whom delivery or service is required to be made at the latest address for service appearing on the records of,

(a) the Ministry, if the administration of this section is not delegated to a designated administrative authority within the meaning of the Safety and Consumer Statutes Administration Act, 1996; or

(b) the designated administrative authority, if the administration of this section is delegated to a designated administrative authority within the meaning of the Safety and Consumer Statutes Administration Act, 1996.

(2) Subsections 26 (3) and (4) of the Act are repealed and the following substituted:

Limitation

(3) No proceeding in respect of an alleged offence under this Act may be commenced after two years following the date on which the facts that gave rise to the alleged offence were discovered.

Commencement and Short Title

Commencement

27. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

28. The short title of this Act is the Safety and Consumer Statutes Administration Act, 1996.

SCHEDULE

Amusement Devices Act

Boilers and Pressure Vessels Act

Cemeteries Act (Revised)

Elevating Devices Act

Energy Act

Gasoline Handling Act

Motor Vehicle Dealers Act

Operating Engineers Act

Real Estate and Business Brokers Act

Travel Industry Act

Upholstered and Stuffed Articles Act