Bill 70, Ministry of Consumer and Business Services Statute Law Amendment Act, 2004

Watson, Hon. Jim Minister of Consumer and Business Services

Versions

Original

Royal Assent

[38] Bill 70 Royal Assent (PDF)

Bill 70 2004

An Act to amend
various Acts administered
by or affecting the
Ministry of Consumer and
Business Services

CONTENTS

Sections

Athletics Control Act

Bailiffs Act

Business Corporations Act

Business Names Act

Cemeteries Act (Revised)

Collection Agencies Act

Consumer Protection Act, 2002

Consumer Protection Statute Law Amendment Act, 2002

Consumer Reporting Act

Corporations Act

Corporations Information Act

Electricity Act, 1998

Land Titles Act

Licence Appeal Tribunal Act, 1999

Limited Partnerships Act

Motor Vehicle Dealers Act, 2002

Paperback and Periodical Distributors Act

Real Estate and Business Brokers Act, 2002

Registry Act

Repair and Storage Liens Act

Safety and Consumer Statutes Administration Act, 1996

Theatres Act

Travel Industry Act, 2002

Commencement and Short Title

24-25

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

Athletics Control Act

1. (1) The Athletics Control Act is amended by adding the following section:

Confidentiality

12.2 (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except,

(a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations;

(b) to a ministry, department or agency of a government engaged in the administration of legislation similar to this Act or legislation that protects consumers or to any other entity to which the administration of legislation similar to this Act or legislation that protects consumers has been assigned;

(c) to an entity or organization prescribed by the regulations, if the purpose of the communication is consumer protection or assisting in the supervision of professional contests and exhibitions;

(d) to a law enforcement agency;

(e) to his, her or its counsel; or

(f) with the consent of the person to whom the information relates.

Testimony

(2) Except in a proceeding under this Act, no person shall be required to give testimony in a civil proceeding with regard to information obtained in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations.

(2) Subsection 13 (1) of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 4, is amended by adding the following clauses:

(b.1) requiring the Commissioner to maintain a public record of certain documents and information, prescribing the documents and information that must be kept in the public record, and governing the public record and access to it;

(b.2) requiring the Commissioner to publish certain documents and information, prescribing the documents and information that must be published, and governing their publication and access to them;

(b.3) authorizing the Commissioner to conduct quality assurance programs in relation to the administration of this Act or the regulations and to use information collected under this Act for the purpose of those programs;

(3) Subsection 13 (1) of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 4, is amended by adding the following clause:

(n.1) prescribing entities and organizations for the purpose of clause 12.2 (1) (c);

Bailiffs Act

2. (1) Subsection 1 (1) of the Bailiffs Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 5, 1999, chapter 12, Schedule G, section 13 and 2001, chapter 9, Schedule D, section 13, is amended by adding the following definition:

"assistant bailiff" means a person who acts, under the supervision of a bailiff, in the repossession or seizure of chattels or in an eviction; ("huissier adjoint")

(2) The definition of "bailiff" in subsection 1 (1) of the Act is amended by striking out "any eviction" at the end and substituting "an eviction, but does not include an assistant bailiff".

(3) Subsection 1 (1) of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 5, 1999, chapter 12, Schedule G, section 13 and 2001, chapter 9, Schedule D, section 13, is amended by adding the following definition:

"registration period", in relation to a registration under this Act, means the period of time for which the registration is valid; ("période d'inscription")

(4) Section 3 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 7, is repealed and the following substituted:

Acting as bailiff

3. No person, other than a person authorized to act as a bailiff under court process, shall act as a bailiff unless the person is appointed under this Act and is not a person described in clause 3.1 (b) or (c).

Acting as assistant bailiff

3.1 No person shall act as an assistant bailiff unless,

(a) the person is registered under this Act;

(b) the person has been appointed under this Act since before the day subsection 2 (12) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 came into force, and the person's appointment contemplates the person acting as an assistant bailiff; or

(c) the person is otherwise identified by the Lieutenant Governor or the Minister as a person authorized to act as an assistant bailiff since before the day subsection 2 (12) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 came into force.

Area of jurisdiction

3.2 (1) An appointment of a bailiff shall designate the county for which the bailiff is appointed.

Same, assistant bailiff

(2) A registration of an assistant bailiff is valid for the county for which the bailiff employing the assistant is appointed.

(5) Section 4 of the Act, as amended by the Statutes of Ontario, 2000, chapter 26, Schedule B, section 1, is amended by adding the following subsection:

Assistant bailiffs

(5) If a bailiff has the consent of the Minister under this section to act in a county other than the county for which the bailiff is appointed, the bailiffs and assistant bailiffs who are employed by the bailiff and who are authorized to act under this Act may act in the additional county, despite subsection (1).

(6) Subsection 5 (1) of the Act, as amended by the Statutes of Ontario, 2000, chapter 26, Schedule B, section 1, is repealed and the following substituted:

Costs outside county

(1) The costs of a bailiff or of an assistant bailiff employed by the bailiff, for travelling or accommodation outside the county for which the bailiff is appointed, shall not be charged as recoverable costs in a seizure, repossession or eviction, unless the costs are assessed under the Costs of Distress Act and the local registrar of the Superior Court of Justice is satisfied that it was not practicable for the seizure, repossession or eviction to be made by a bailiff appointed for the county in which the seizure, repossession or eviction was made or by an assistant bailiff employed by such a bailiff.

(7) Section 6 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 9, is repealed and the following substituted:

Application for appointment

6. To apply for appointment as a bailiff, a person shall submit to the Registrar an application that sets out,

(a) the name and address of the applicant;

(b) if the applicant is a corporation, the name and address of each director and each shareholder of the corporation;

(i) is, or is proposed to be, appointed as a bailiff, and

(ii) will be actively involved in the day-to-day operations of the corporation as a bailiff;

(d) the qualifications of the applicant to act as a bailiff;

(e) the county in which the applicant intends to carry on business as a bailiff;

(f) the circumstances indicating that a bailiff is needed for the public convenience in the county in which the applicant intends to carry on business as a bailiff;

(g) whether the applicant has previously acted as a bailiff and, if so, where; and

(h) such other information as the Registrar may require in order to enable the Minister to determine if the requirements set out in subsection 8 (1) have been met.

(8) Section 8 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 11, is amended by striking out "and" at the end of clause (b), by adding "and" at the end of clause (c) and by adding the following clause:

(d) in the case where the applicant is a corporation, at least one director of the corporation is appointed as a bailiff and will be actively involved in the day-to-day operations of the corporation as a bailiff.

(9) Section 8 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 11, is amended by adding the following subsection:

Terms and conditions

(2) An appointment of a bailiff is subject to such terms and conditions as may be consented to by the Minister and the applicant.

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

Duty to supervise

8.1 (1) A bailiff shall supervise all assistant bailiffs in his, her or its employ in a responsible and diligent manner.

Corporate bailiff

(2) A bailiff that is a corporation shall perform the duty imposed on it under subsection (1) by ensuring that all assistant bailiffs in its employ are supervised in a responsible and diligent manner by a bailiff who is a director or employee of the corporation.

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

Revocation of appointment

9. Subject to section 10, the Registrar may revoke an appointment of a bailiff if, in the opinion of the Registrar, the bailiff,

(a) has not complied with this Act or the regulations or the Costs of Distress Act;

(b) has not acted, or is without capacity to act, responsibly as a bailiff;

(d) in the case where the bailiff is a corporation, has no director who is appointed as a bailiff and is actively involved in the day-to-day operations of the corporation as a bailiff.

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

Application for registration or renewal

9.1 To apply for registration or renewal of registration as an assistant bailiff, a person shall,

(a) submit to the Registrar,

(i) an application in the form required by the Registrar,

(ii) a statement by a bailiff appointed under this Act that, if the applicant obtains the registration or renewal, the bailiff will employ the applicant as an assistant bailiff and will supervise the applicant in a responsible and diligent manner, and

(iii) such other information as the Registrar may require in order to determine if the applicant should be refused registration under section 9.2 or renewal under section 9.5; and

(b) indicate the registration period selected by the applicant from among the registration periods set by the Minister under section 18.1 and pay the fee required under section 18.1 for that registration period.

Registration by Registrar

9.2 (1) A person who applies for registration in accordance with section 9.1 is entitled to registration by the Registrar, unless,

(a) the person has not complied with this Act or the regulations;

(b) the person is not qualified to act as an assistant bailiff; or

(c) the past conduct of the person affords reasonable grounds for the belief that the person will not act as an assistant bailiff in accordance with the law and with integrity and honesty.

Refusal

(2) Subject to section 10, the Registrar may refuse to register a person who applies for registration in accordance with section 9.1 if, in the Registrar's opinion, the person is not entitled to registration under clause (1) (a), (b) or (c).

Period of validity of registration

9.3 (1) Subject to subsection (2), a registration of an assistant bailiff, including a registration that is renewed, shall set out the last day of the registration period, and the registration expires at the end of that day.

Continuation of registration pending renewal

(2) If, before the expiry of the registration, the assistant bailiff applies for its renewal in accordance with section 9.1, the registration shall be deemed to continue,

(a) until the Registrar renews it; or

(b) if the assistant bailiff is served with a notice that the Registrar proposes to refuse to renew the registration,

(i) until the expiry of 15 days after the notice of proposal was served, if a hearing by the Tribunal is not required by the assistant bailiff in accordance with subsection 10 (2), or

(ii) until the Tribunal makes its order, if a hearing by the Tribunal is required by the assistant bailiff in accordance with subsection 10 (2).

Terms and conditions

9.4 A registration of an assistant bailiff, including a registration that is renewed, is subject to such terms and conditions as may be consented to by the Registrar and the applicant for registration or renewal.

Refusal to renew, revocation, suspension

9.5 Subject to section 10, the Registrar may refuse to renew the registration of an assistant bailiff who applies for its renewal in accordance with section 9.1, may revoke or suspend a registration or may revoke an appointment described in clause 3.1 (b) if, in the opinion of the Registrar, the assistant bailiff,

(a) has not complied with this Act or the regulations or the Costs of Distress Act;

(b) has not acted, or is without capacity to act, responsibly as an assistant bailiff;

(d) has ceased to be employed by a bailiff appointed under this Act;

(e) is not being supervised in a responsible and diligent manner by the bailiff employing him or her; or

(f) would not be entitled to registration under clause 9.2 (1) (b) or (c) if he or she were applying for registration.

(13) Subsections 10 (1), (2) and (3) of the Act are repealed and the following substituted:

Process for refusal, revocation, suspension

(1) The Registrar shall serve notice of the proposal, together with written reasons for it,

(a) on the bailiff, if the Registrar is proposing to revoke an appointment of a bailiff under section 9;

(b) on the applicant for registration and on the bailiff intending to employ the applicant, if the Registrar is proposing to refuse to register an applicant under subsection 9.2 (2);

(c) on the assistant bailiff and on the bailiff employing him or her, if the Registrar is proposing a refusal to renew, a suspension or a revocation, in respect of an assistant bailiff, under section 9.5.

Entitlement to hearing

(2) A bailiff on whom a notice is served under clause (1) (a), an applicant on whom a notice is served under clause (1) (b) or an assistant bailiff on whom a notice is served under clause (1) (c) is entitled to a hearing by the Tribunal if, within 15 days after the notice is served, the bailiff, applicant or assistant bailiff, as the case may be, mails or delivers to the Registrar and the Tribunal a notice in writing requiring a hearing.

Notice

(2.1) The Registrar's notice of proposal under subsection (1) shall set out the requirements mentioned in subsection (2) for entitlement to a hearing.

Powers of Registrar if no hearing

(3) If a hearing by the Tribunal is not required in accordance with subsection (2), the Registrar may carry out the proposal stated in the Registrar's notice of proposal.

(14) Subsection 10 (4) of the Act is amended by striking out "Where a bailiff requires a hearing by the Tribunal in accordance with subsection (2)" at the beginning and substituting "If a hearing by the Tribunal is required in accordance with subsection (2)".

(15) Subsections 10 (5) and (6) of the Act are repealed and the following substituted:

Parties

(5) The parties to a proceeding before the Tribunal under this section are:

1. The Registrar.

2. The bailiff, applicant or assistant bailiff who has required the hearing.

3. Such other persons as the Tribunal may specify.

Manner of serving notice

(6) A notice of proposal that the Registrar is required to serve on a person under subsection (1) is sufficiently served if it is,

(a) delivered personally;

(b) sent by registered mail addressed to the person's most recent address known to the Registrar; or

Registered mail

(7) 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 he, she or it did not, acting in good faith, through absence, accident, illness or other cause beyond his, her or its control, receive the notice until a later date.

(16) Section 11 of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule G, section 13, is amended by striking out "bailiff" and substituting "person".

(17) Subsection 12 (1) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 13, is amended by adding "or an assistant bailiff" after "bailiff".

(18) Subsection 13 (1) of the Act is repealed and the following substituted:

Prohibitions and obligations

(1) No person shall act as a bailiff or an assistant bailiff,

(a) while an employee of, or engaging in the business of, a collection agency; or

(b) while licensed under the Private Investigators and Security Guards Act.

(19) Section 13 of the Act, as amended by the Statutes of Ontario, 2002, chapter 8, Schedule I, section 1, is amended by adding the following subsections:

Change respecting director or shareholder

(2.1) A corporation authorized to engage in the business of a bailiff shall notify the Registrar of any change in the directors or shareholders of the corporation or their addresses and any change in the director or directors who are actively involved in the day-to-day operations of the corporation as a bailiff.

Change of employment status

(2.2) A person authorized to act as an assistant bailiff shall notify the Registrar of any change of employer and any termination or commencement of his or her employment.

Time of notice

(2.3) Notification of a change under subsection (2), (2.1) or (2.2) shall be made within five days after the change occurs.

. . . . .

Prohibited practices

(10) No person who is appointed or registered under this Act shall engage in a practice that is prohibited by the regulations.

(20) Subsection 14 (1) of the Act is amended by adding "or an assistant bailiff" after "bailiff".

(21) Subsection 15 (1) of the Act is repealed and the following substituted:

Forfeiture of bond

(1) The Minister may direct that the bond of a bailiff whose appointment has been revoked, or the bond of an assistant bailiff whose registration or appointment has been revoked or whose registration has expired and not been renewed, be forfeited, if,

(a) the bailiff or assistant bailiff, as the case may be, has been convicted of an offence involving fraud, theft, assault, libel or breaking and entering under the Criminal Code (Canada) that was committed in the course of acting as a bailiff or assistant bailiff, or of a conspiracy or an attempt to commit such an offence in the course of acting as a bailiff or assistant bailiff, and the conviction has become final; or

(b) a judgment has been entered against the bailiff or assistant bailiff, as the case may be, for the recovery of money paid for services not performed or based on a finding of fraud, conversion, assault, libel or trespass committed in the course of acting as a bailiff or assistant bailiff, and the judgment has become final.

(22) Subsection 16 (2) of the Act, as amended by the Statutes of Ontario, 2000, chapter 26, Schedule B, section 1, is amended by striking out "the bailiff bonded" in the portion after clause (c) and substituting "the bailiff or assistant bailiff, as the case may be, bonded".

(23) Section 17 of the Act is repealed and the following substituted:

Confidentiality

17. (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except,

(a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations;

(c) to an entity or organization prescribed by the regulations, if the purpose of the communication is consumer, debtor or tenant protection;

(d) to a law enforcement agency;

(e) to his, her or its counsel; or

(f) with the consent of the person to whom the information relates.

Testimony

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

Offence

18. (1) A person is guilty of an offence if the person,

(a) contravenes this Act or the regulations; or

(b) furnishes false information in any application made under this Act or in any form, statement, return or other document required to be furnished under this Act.

Same, director or officer

(2) A director or an officer of a corporation is guilty of an offence if he or she fails to take reasonable care to prevent the corporation from committing an offence mentioned in subsection (1).

Penalty

(3) On conviction of an offence under this Act,

(a) an individual is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than two years less one day, or to both;

(b) a corporation is liable to a fine of not more than $250,000.

Limitation

(4) No proceeding for an offence under this Act shall be commenced more than two years after the facts upon which the proceeding is based first came to the knowledge of the Registrar.

Order for compensation, restitution

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

(25) Section 18.1 of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 15, is repealed and the following substituted:

Power of Minister to set fees

18.1 The Minister may, by order,

(a) require the payment of fees for applications or other services under this Act and approve the amount of those fees;

(b) set one or more registration periods for which an applicant for registration or renewal of registration may apply under this Act and approve a different application fee for each registration period.

(26) Section 19 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 16 and 2000, chapter 26, Schedule B, section 1, is amended by adding the following clauses:

(f) prescribing the qualifications and other requirements for appointment as a bailiff or registration as an assistant bailiff, including educational requirements and requirements to pass examinations;

(g) prescribing prohibited practices for the purpose of subsection 13 (10);

(h) requiring persons appointed or registered under this Act to file returns with the Registrar, prescribing and governing the returns to be filed and prescribing the times at which they must be filed;

(27) Section 19 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 16 and 2000, chapter 26, Schedule B, section 1, is amended by adding the following clauses:

(i) prescribing entities and organizations for the purpose of clause 17 (1) (c);

(j) requiring the Registrar to maintain a public record of certain documents and information, prescribing the documents and information that must be kept in the public record, and governing the public record and access to it;

(k) requiring the Registrar to publish certain documents and information, prescribing the documents and information that must be published, and governing their publication and access to them;

(l) authorizing the Registrar to conduct quality assurance programs in relation to the administration of this Act or the regulations and to use information collected under this Act for the purpose of those programs.

Business Corporations Act

3. (1) Section 3.2 of the Business Corporations Act, as enacted by the Statutes of Ontario, 2000, chapter 42, Schedule, section 2 and amended by 2002, chapter 22, section 8, is amended by adding the following subsection:

Deemed compliance

(2.1) A professional corporation that has a name that includes the words "société professionnelle" shall be deemed to have complied with the requirements of subsection 10 (1).

(2) Subsection 12 (1) of the Act is amended by adding "or 10" after "section 9".

(3) Subsection 123 (3) of the Act is amended by striking out "and to the Director".

(4) Subsections 152 (5) and (6) of the Act are repealed.

(5) Section 179 of the Act is amended by adding the following clause:

(a.1) the amalgamating corporations cease to exist as entities separate from the amalgamated corporation;

(6) Subsection 275 (3) of the Act is repealed.

Business Names Act

4. Subsection 4 (7) of the Business Names Act is amended by striking out "or" at the end of clause (a) and by adding the following clause:

(a.1) if the registrant fails to pay a fee required by the Minister under section 10.1; or

Cemeteries Act (Revised)

5. (1) The Cemeteries Act (Revised) is amended by adding the following section:

Confidentiality

67.1 (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except,

(a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations;

(d) to a law enforcement agency;

(e) to his, her or its counsel; or

(f) with the consent of the person to whom the information relates.

Testimony

(2) Subsection 76 (1) of the Act is amended by adding the following paragraphs:

52. requiring the Registrar to maintain a public record of certain documents and information, prescribing the documents and information that must be kept in the public record, and governing the public record and access to it;

53. requiring the Registrar to publish certain documents and information, prescribing the documents and information that must be published, and governing their publication and access to them;

54. authorizing the Registrar to conduct quality assurance programs in relation to the administration of this Act or the regulations and to use information collected under this Act for the purpose of those programs.

Collection Agencies Act

6. (1) Section 17 of the Collection Agencies Act is repealed and the following substituted:

Confidentiality

(a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations;

(c) to an entity or organization prescribed by the regulations, if the purpose of the communication is consumer or debtor protection;

(d) to a law enforcement agency;

(e) to his, her or its counsel; or

(f) with the consent of the person to whom the information relates.

Testimony

(2) Subsection 28 (1) of the Act is amended by striking out "to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both" at the end and substituting "to a fine of not more than $50,000 or to imprisonment for a term of not more than two years less one day, or to both".

(3) Subsection 28 (2) of the Act is amended by striking out "$100,000" and substituting "$250,000".

(4) Section 28 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 76, is amended by adding the following subsection:

Order for compensation, restitution

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

(5) Section 29.1 of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 52, is repealed and the following substituted:

Fees

29.1 The Minister may by order require the payment of a fee for any of the following matters and may approve the amount of the fee:

1. For processing an application for registration or renewal of registration under this Act.

2. For processing a notice given under subsection 20 (1) or (2) with respect to a commencement or termination of the employment of a collector.

(6) Section 30 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 53, is amended by adding the following clauses:

(k.1) prescribing entities and organizations for the purpose of clause 17 (1) (c);

. . . . .

(m) requiring the Registrar to maintain a public record of certain documents and information, prescribing the documents and information that must be kept in the public record, and governing the public record and access to it;

(n) requiring the Registrar to publish certain documents and information, prescribing the documents and information that must be published, and governing their publication and access to them;

(o) authorizing the Registrar to conduct quality assurance programs in relation to the administration of this Act or the regulations and to use information collected under this Act for the purpose of those programs.

Consumer Protection Act, 2002

7. (1) The definition of "loan brokering" in section 1 of the Consumer Protection Act, 2002 is repealed and the following substituted:

"loan brokering" means services or goods that are intended to assist a consumer in obtaining credit or a loan of money, including obtaining credit or a loan of money from the loan broker who is providing the services or goods to the consumer; ("courtage en prêts")

(2) The definition of "loan of money" in section 1 of the Act is repealed.

(3) The definition of "open credit" in section 1 of the Act is repealed and the following substituted:

"open credit" means credit or a loan of money under a credit agreement, as defined in Part VII, that,

(a) anticipates multiple advances to be made as requested by the borrower in accordance with the agreement, and

(b) does not define the total amount to be advanced to the borrower under the agreement, although it may impose a credit limit; ("crédit en blanc")

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

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

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

Consumer agreements

4. A consumer agreement that meets the criteria of more than one type of agreement to which this Act applies shall comply with the provisions of this Act and of the regulations that apply to each type of agreement for which it meets the criteria, except where the application of the provisions is excluded by the regulations.

(6) Subsection 18 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Remedy if rescission not possible

(2) A consumer is entitled to recover the amount by which the consumer's payment under the agreement exceeds the value that the goods or services have to the consumer or to recover damages, or both, if rescission of the agreement under subsection (1) is not possible,

. . . . .

(7) Subsection 40 (2) of the Act is repealed and the following substituted:

Same

(2) A consumer may cancel an internet agreement within 30 days after the date the agreement is entered into, if the supplier does not comply with a requirement under section 39.

(8) Subsection 47 (2) of the Act is repealed and the following substituted:

Same

(2) A consumer may cancel a remote agreement within one year after the date the agreement is entered into, if the supplier does not comply with a requirement under section 46.

(9) The definition of "regulated operator" in section 48 of the Act is repealed and the following substituted:

"operator" means,

(a) a person who is a credit repairer or a loan broker, or

(b) a supplier who supplies such goods or services as may be prescribed or a person who holds themself out as a supplier of such goods or services. ("exploitant")

(10) Subsection 50 (1) of the Act is amended by striking out "No regulated operator" at the beginning and substituting "No operator".

(11) Clause 50 (1) (a) of the Act is repealed and the following substituted:

(a) in respect of loan brokering, the consumer receives the credit or loan of money that the loan broker has assisted the consumer to obtain;

(12) Subsection 50 (2) of the Act is amended by striking out "a regulated operator" and substituting "an operator".

(13) Section 52 of the Act is amended by striking out "a regulated operator" and substituting "an operator".

(14) Section 53 of the Act is amended by striking out "A regulated operator" at the beginning and substituting "An operator".

(15) The definitions of "advance", "borrower", "brokerage fee", "credit agreement", "fixed credit", "lender" and "supplier credit agreement" in section 66 of the Act are repealed and the following substituted:

"advance" means value, as prescribed, received by the borrower under a credit agreement; ("avance")

"borrower" means a consumer who is or may become a party to a credit agreement and who receives or may receive credit or a loan of money from the other party, but does not include a guarantor; ("emprunteur")

"brokerage fee" means the payment that a borrower makes or agrees to make to a loan broker who assists the borrower in arranging a credit agreement, and includes an amount deducted from an advance made to the borrower that is paid to the broker; ("frais de courtage")

"credit agreement" means a consumer agreement under which a lender extends credit or lends money to a borrower and includes a supplier credit agreement and a prospective consumer agreement under which an extension of credit, loan of money or supplier credit agreement may occur in the future, but does not include an agreement under which a lender extends credit or lends money on the security of a mortgage of real property or consumer agreements of a prescribed type; ("convention de crédit")

"fixed credit" means credit or a loan of money under a credit agreement that is not for open credit; ("crédit fixe")

"lender" means a supplier who is or may become a party to a credit agreement and who extends or may extend credit or lends or may lend money to the borrower and includes a credit card issuer; ("prêteur")

"supplier credit agreement" means a consumer agreement, other than a consumer agreement involving leases to which Part VIII applies, under which a supplier or an associate of the supplier, extends fixed credit to a consumer to assist the consumer in obtaining goods or services, other than credit or a loan of money, from the supplier; ("convention de crédit fournisseur")

(16) Subsection 67 (2) of the Act is repealed and the following substituted:

Obligations of loan brokers

(2) If a loan broker assists a consumer to obtain credit or a loan of money and the creditor is not in the business of extending credit or lending money, the obligations that this Part would impose on a lender shall be deemed to be obligations of the loan broker and not the creditor, except as prescribed.

(17) Subsections 67 (3) and (4) of the Act are repealed.

(18) Section 69 of the Act is repealed and the following substituted:

Limiting liability for unauthorized charges

69. A borrower is not liable for any amount that is greater than the prescribed maximum for unauthorized charges under a credit agreement for open credit.

(19) Subsections 76 (2) and (3) of the Act are repealed and the following substituted:

Refund or credit to borrower

(2) If a borrower prepays the full outstanding balance under a credit agreement for fixed credit, the lender shall refund to the borrower or credit the borrower with the portion, determined in the prescribed manner, of the amounts that were paid by the borrower under the agreement or added to the balance under the agreement and that form part of the cost of borrowing, other than amounts paid on account of interest.

(20) Subsection 76 (5) of the Act is repealed and the following substituted:

No credit to borrower

(5) A borrower who makes a payment under subsection (4) is not entitled to the refund or credit described in subsection (2).

(21) Subsections 78 (1) and (2) of the Act are repealed and the following substituted:

Disclosure of brokerage fee

(1) If the borrower pays or is liable to pay a brokerage fee to a loan broker, either directly or through a deduction from an advance, the initial disclosure statement for the credit agreement must,

(a) disclose the amount of the brokerage fee; and

(b) account for the brokerage fee in the annual percentage rate and in the cost of borrowing.

Loan broker's statement

(2) If a loan broker takes an application from a borrower for a credit agreement and sends it to a lender, the loan broker shall deliver to the borrower an initial disclosure statement that includes the information required in the initial disclosure statement referred to in subsections (1) and 79 (1).

(22) Subsection 78 (3) of the Act is amended by striking out "has delivered a statement to the borrower" and substituting "has delivered an initial disclosure statement to the borrower".

(23) Subsection 79 (1) of the Act is repealed and the following substituted:

Initial disclosure statement

(1) Every lender shall deliver an initial disclosure statement for a credit agreement to the borrower at or before the time that the borrower enters into the agreement, unless the lender has adopted the loan broker's initial disclosure statement as his, her or its own.

(24) Subsection 80 (5) of the Act is repealed and the following substituted:

Amendments

(5) Subject to subsection (6), if the parties have agreed to amend a credit agreement for fixed credit and the amendment changes any of the information prescribed under subsection 79 (2), the lender shall, within 30 days after the amendment is made, deliver to the borrower a supplementary disclosure statement setting out the changed information.

(25) Subsection 81 (6) of the Act is repealed and the following substituted:

Other changes

(6) Subject to subsection (7), if the parties have agreed to amend a credit agreement for open credit and the amendment changes any of the information prescribed under subsection 79 (3), the lender shall, within 30 days after the amendment is made, deliver to the borrower a supplementary disclosure statement setting out the changed information.

Same

(7) If the parties have agreed to amend a credit agreement for open credit in respect of a credit card and the amendment changes any of the information prescribed under subsection 79 (3), the lender shall deliver to the borrower a supplementary disclosure statement setting out the changed information,

(a) within 30 days after the amendment is made, if the change is not a material change, as prescribed; and

(b) at least 30 days before the amendment is made, if the change is a material change, as prescribed.

(26) Subsection 82 (1) of the Act is repealed and the following substituted:

Assignment of negotiable instrument

(1) If a person assigns a negotiable instrument given to secure credit or a loan of money, the person shall deliver to the assignee with the negotiable instrument a copy of the statement required by section 79 and, if the person is a supplier creditor, a copy of the consumer agreement for the goods or services that were obtained with the fixed credit.

(27) Section 83 of the Act is repealed and the following substituted:

Obligations of assignee of lender

83. (1) If a lender assigns to a person the lender's rights in connection with the extension of credit or the lending of money to a borrower, the assignee has no greater rights than, and is subject to the same obligations, liabilities and duties as, the assignor in connection with the extension of the credit or the lending of the money, and the provisions of this Act apply equally to such assignee.

Same

(2) Despite subsection (1), a borrower shall not recover from, or be entitled to set off against, an assignee of the lender an amount greater than the balance owing under the consumer agreement at the time of the assignment, and, if there have been two or more assignments, the borrower shall not recover from an assignee who no longer holds the benefit of the consumer agreement an amount that exceeds the payments made by the borrower to that assignee.

(28) The French version of the definition of "lease" in section 86 of the Act is amended by striking out "convention de location" and substituting "bail".

(29) The French version of the definition of "lease term" in section 86 of the Act is amended by striking out "durée de la convention" and substituting "durée du bail".

(30) The French version of the definition of "residual lease obligation" in section 86 of the Act is repealed and the following substituted:

«bail à obligation résiduelle» Bail aux termes duquel le bailleur peut exiger que le preneur lui paie, au terme de la durée du bail, une somme fondée, en totalité ou en partie, sur la différence éventuelle entre :

a) d'une part, la valeur de gros estimative des marchandises louées au terme de la durée du bail;

b) d'autre part, la valeur de réalisation des marchandises louées au terme de la durée du bail. («residual obligation lease»)

(31) The French version of clauses 87 (a) and (b) of the Act are amended by striking out "les conventions de location" wherever that expression appears and substituting in each case "les baux".

(32) The French version of clause 87 (c) of the Act is repealed and the following substituted:

c) les baux à obligation résiduelle.

(33) The French version of section 88 of the Act is amended by striking out "d'une convention de location" and substituting "d'un bail".

(34) The French version of sections 89 and 90 of the Act is repealed and the following substituted:

Déclaration

89. (1) Le bailleur remet au preneur une déclaration concernant le bail avant celui des moments suivants qui est antérieur à l'autre :

(a) le moment où le preneur conclut le bail;

(b) le moment où le preneur fait un paiement lié au bail.

Contenu de la déclaration

(2) La déclaration concernant un bail fait état des renseignements prescrits.

Indemnité : résiliation du bail

90. (1) L'indemnité maximale que le bailleur peut exiger du preneur qui résilie un bail avant le terme de sa durée peut être limitée selon ce qui est prescrit.

Bail à obligation résiduelle

(2) La somme maximale dont le preneur est redevable au terme de la durée du bail à obligation résiduelle après avoir retourné les marchandises louées au bailleur est calculée de la manière prescrite.

(35) Subsections 92 (3) and (4) of the Act are repealed and the following substituted:

Giving notice

(3) Unless the regulations require otherwise, the notice may be oral or in writing and may be given by any means.

Notice given when sent

(4) If notice in writing is given other than by personal service, the notice shall be deemed to be given when sent.

(36) Section 93 of the Act is amended by adding the following subsection:

Court may order consumer bound

(2) Despite subsection (1), a court may order that a consumer is bound by all or a portion or portions of a consumer agreement, even if the agreement has not been made in accordance with this Act or the regulations, if the court determines that it would be inequitable in the circumstances for the consumer not to be bound.

(37) Subsection 96 (3) of the Act is repealed and the following substituted:

Reasonable care

(3) If a consumer cancels a consumer agreement, the consumer shall take reasonable care of the goods that came into the possession of the consumer under the agreement or a related agreement for the prescribed period.

(38) Section 96 of the Act is amended by adding the following subsection:

Same

(7) If a consumer has cancelled a consumer agreement and has not met the consumer's obligations under this section, the supplier or the person to whom the obligation is owed may commence an action.

(39) Section 98 of the Act is repealed and the following substituted:

Illegal charges and payments

98. (1) If a supplier has charged a fee or an amount in contravention of this Act or received a payment in contravention of this Act, the consumer who paid the charge or made the payment may demand a refund by giving notice in accordance with section 92 within one year after paying the charge or making the payment.

Supplier to provide refund

(2) A supplier who receives a notice demanding a refund under subsection (1) shall provide the refund within the prescribed period of time.

Right of action

(3) The consumer may commence an action in accordance with section 100 to recover,

(a) the payment of a fee or an amount that was charged by the supplier in contravention of this Act; or

(b) a payment that was received by the supplier in contravention of this Act.

Non-supplier

(4) This section and section 92 apply, with the necessary modifications, to a person who is not a supplier, if the person has received a payment in contravention of section 12.

(40) Subsections 99 (2), (4) and (5) of the Act are repealed and the following substituted:

Types of payment

(2) Subsection (1) applies to,

(a) a payment in respect of a consumer agreement that has been cancelled under this Act or in respect of any related agreement;

(b) a payment that was received in contravention of this Act;

(d) a payment that was collected in respect of unsolicited goods or services for which payment is not required under section 13.

. . . . .

Request

(4) A request under subsection (1) shall be in writing, shall comply with the requirements, if any, that are prescribed under subsection 92 (2), and shall be given to the credit card issuer, in the prescribed period, in accordance with section 92.

Obligations of credit card issuer

(5) The credit card issuer,

(a) shall, within the prescribed period, acknowledge the consumer's request; and

(b) if the request meets the requirements of subsection (4), shall, within the prescribed period,

(i) cancel or reverse the credit card charge and any associated interest or other charges, or

(ii) after having conducted an investigation, send a written notice to the consumer explaining the reasons why the credit card issuer is of the opinion that the consumer is not entitled to cancel the consumer agreement or to demand a refund under this Act.

(41) Section 107 of the Act is repealed and the following substituted:

Search warrant

107. (1) Upon application made without notice by an investigator appointed under this Act, 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; and

(b) there is,

(i) in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations, or

(ii) information or evidence relating to the contravention of this Act or the regulations 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) A warrant obtained under subsection (1) authorizes an investigator appointed under subsection 106 (1),

(a) upon producing his or her appointment, 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;

(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 search 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 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 shall return any item seized under this section or section 107.1 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

107.1 An investigator who is appointed under this Act and 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 that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.

(42) Section 108 of the Act is repealed and the following substituted:

Searches in exigent circumstances

108. (1) An investigator may exercise any of the powers described in subsection 107 (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. 107

(4) Subsections 107 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.

(43) Subclause 116 (1) (b) (vi) of the Act is repealed and the following substituted:

(vi) in respect of Part VII, Credit Agreements, section 71, subsections 72 (2) and 76 (2), section 77 and subsections 78 (1) and (2), 79 (1), 80 (1), (2), (3) and (5), 81 (1), (3), (5), (6) and (7) and 82 (1) and (2),

(44) Section 120 of the Act is repealed and the following substituted:

Confidentiality

120. (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except,

(a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations;

(b) to a ministry, department or agency of a government engaged in the administration of legislation that protects consumers or to any other entity to which the administration of legislation that protects consumers has been assigned;

(d) to a law enforcement agency;

(e) to his, her or its counsel; or

(f) with the consent of the person to whom the information relates.

Testimony

(45) Subsection 123 (1) of the Act is amended by adding the following clause:

(j) defining, for the purposes of this Act and the regulations, any word or expression that is used in this Act but not defined in this Act.

(46) Clause 123 (2) (c) of the Act is repealed and the following substituted:

(c) for the purposes of section 4, excluding the application of provisions of this Act or of the regulations to consumer agreements that meet the criteria of more than one type of agreement to which this Act applies.

(47) Clauses 123 (5) (e) and (f) of the Act are repealed and the following substituted:

(e) for the purposes of Part IV, governing future performance agreements, time share agreements, personal development services agreements, internet agreements, direct agreements and remote agreements.

(48) Subsection 123 (6) of the Act is amended by adding the following clause:

(e) for the purposes of Part V, governing consumer agreements for loan brokering, consumer agreements for credit repair and other consumer agreements to which Part V applies.

(49) Clauses 123 (7) (b), (c) and (e) of the Act are repealed and the following substituted:

(b) governing estimates for the purposes of Part VI, including prescribing requirements with which estimates must comply;

(c) governing authorizations for the purposes of Part VI, including prescribing requirements that must be met in recording an authorization;

. . . . .

(e) governing invoices for the purposes of Part VI, including prescribing the information to be contained in an invoice and the manner in which the information is to be presented;

(50) Clauses 123 (8) (a), (f) and (h) of the Act are repealed and the following substituted:

(a) prescribing what constitutes value received by a borrower under a credit agreement;

. . . . .

(f) exempting obligations of a lender from application to a loan broker if the loan broker assists a consumer to obtain credit or a loan of money and the creditor is not in the business of extending credit or lending money;

. . . . .

(h) for the purpose of subsection 76 (2), prescribing the manner of determining the portion to be refunded or credited to a borrower, in respect of each amount that forms part of the cost of borrowing, other than amounts paid on account of interest;

(51) Subsection 123 (8) of the Act is amended by adding the following clauses:

(j.1) governing applications for credit cards;

. . . . .

(l.1) governing information and statements, other than disclosure statements under Part VII, that a lender must provide to a borrower;

(52) Clause 123 (8) (n) of the Act is repealed and the following substituted:

(n) prescribing the maximum liability of a borrower under a credit agreement for open credit in cases where the borrower has not authorized the charges imposed.

(53) Subsection 123 (8) of the Act is amended by adding the following clause:

(o) governing credit agreements for the purposes of Part VII.

(54) The French version of clause 123 (9) (a) of the Act is repealed and the following substituted:

a) traiter des assertions à l'égard du coût d'un bail;

(55) Subsection 123 (9) of the Act is amended by adding the following clauses:

(a.1) prescribing the manner of determining the annual percentage rate in respect of a lease;

. . . . .

(b.1) prescribing and governing remedies that a consumer may exercise if the consumer does not receive a disclosure statement for a lease as required under subsection 89 (1) or if the disclosure statement received by the consumer does not comply with certain requirements of subsection 89 (2) or the regulations;

(b.2) governing leases for the purposes of Part VIII;

(56) Clause 123 (9) (b) of the Act is repealed and the following substituted:

(b) governing disclosure statements under Part VIII, including requiring the disclosure of the annual percentage rate in respect of a lease and prescribing other information that the disclosure statement must disclose;

(57) The French version of clause 123 (9) (c) of the Act is amended by striking out "d'une convention" and substituting "d'un bail".

(58) The French version of clause 123 (9) (d) of the Act is amended by striking out "annule une convention de location" and substituting "résilie un bail".

(59) Clauses 123 (10) (a) and (c) of the Act are repealed and the following substituted:

(a) prescribing requirements for a consumer notice cancelling a consumer agreement or requesting a remedy from a supplier;

. . . . .

(c) for the purpose of subsections 98 (2) and (4), prescribing the period of time within which a supplier or other person must refund to a consumer a fee or an amount that was charged in contravention of this Act or a payment that was received in contravention of this Act;

(60) Subsection 123 (12) of the Act is amended by adding the following clause:

(e) authorizing the Director to conduct quality assurance programs in relation to the administration of this Act or the regulations and to use information collected under this Act for the purposes of those programs.

Consumer Protection Statute Law Amendment Act, 2002

8. (1) Subsection 6 (2) of Schedule E to the Consumer Protection Statute Law Amendment Act, 2002 is repealed and the following substituted:

Same

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

Appointment of investigators

8. (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 exercising powers under section 8.1 shall, upon request, produce the certificate of appointment as an investigator.

Search warrant

8.1 (1) Upon application made without notice by an investigator appointed under this Act, 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; and

(b) there is,

(i) in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations, or

Same

(2) Subsections 107 (2) to (12) of the Consumer Protection Act, 2002 apply with necessary modifications to a warrant issued under subsection (1).

Seizure of things not specified

8.2 An investigator who is appointed under this Act and 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 that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.

Searches in exigent circumstances

8.3 (1) An investigator may exercise any of the powers described in subsection 107 (2) of the Consumer Protection Act, 2002 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. 107, Consumer Protection Act, 2002

(4) Subsections 107 (5), (9), (10), (11) and (12) of the Consumer Protection Act, 2002 apply with necessary modifications to a search under this section.

(2) Subsection 6 (4) of Schedule E to the Act is repealed and the following substituted:

Same

(4) Clause 16 (1) (c) of the Act is amended by striking out "section 8" and substituting "section 8.1 or 8.3".

(3) Section 8 of Schedule E to the Act is repealed.

(4) Section 19 of Schedule E to the Act is repealed.

Consumer Reporting Act

9. (1) Clause 9 (3) (f) of the Consumer Reporting Act, as re-enacted by the Statutes of Ontario, 2002, chapter 24, Schedule B, section 29, is repealed and the following substituted:

(f) information regarding any debt or collection if,

(i) more than seven years have elapsed since the date of last payment on the debt or collection, or

(ii) where no payment has been made, more than seven years have elapsed since the date on which the default in payment or the matter giving rise to the collection occurred,

unless the creditor or the creditor's agent confirms that the debt or collection is not barred by statute and the confirmation appears in the file;

(2) Section 19 of the Act is repealed and the following substituted:

Confidentiality

19. (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except,

(a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations;

(c) to an entity or organization prescribed by the regulations, if the purpose of the communication is the protection of consumers to whom this Act applies;

(d) to a law enforcement agency;

(e) to his, her or its counsel; or

(f) with the consent of the person to whom the information relates.

Testimony

(3) Section 25 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 58 and 2000, chapter 26, Schedule B, section 8, is amended by adding the following clauses:

(n) prescribing entities and organizations for the purpose of clause 19 (1) (c);

(o) requiring the Registrar to maintain a public record of certain documents and information, prescribing the documents and information that must be kept in the public record, and governing the public record and access to it;

(p) requiring the Registrar to publish certain documents and information, prescribing the documents and information that must be published, and governing their publication and access to them;

(q) authorizing the Registrar to conduct quality assurance programs in relation to the administration of this Act or the regulations and to use information collected under this Act for the purpose of those programs.

Corporations Act

10. (1) Subsection 132 (1) of the Corporations Act is repealed and the following substituted:

Disposition of property on dissolution

(1) A corporation may pass by-laws providing that, upon its dissolution and after payment of all of its debts and liabilities, its remaining property or a part of that property shall be distributed or disposed of to the Crown in right of Ontario or its agents, the Crown in right of Canada or its agents, municipal corporations, charitable organizations or organizations whose objects are beneficial to the community.

(2) Clause 176 (3) (c) of the Act is repealed and the following substituted:

(c) the name in full and the place of residence of each of the applicants who are to be its first trustees or managing officers;

(3) Clause 185 (2) (d) of the Act is repealed and the following substituted:

(d) the name in full and the place of residence of each of the applicants; and

(4) Subsection 194 (1) of the Act is amended by striking out "signatures, addresses and callings" and substituting "signatures and addresses".

(5) Paragraph 4 of section 300 of the Act is amended by striking out "names, addresses and callings" and substituting "names and addresses".

(6) Section 334 of the Act is repealed.

Corporations Information Act

11. (1) Section 4 of the Corporations Information Act, as re-enacted by the Statutes of Ontario, 1994, chapter 17, section 36 and amended by 1995, chapter 3, section 2, is amended by adding the following subsection:

Same

(1.1) Every corporation that is exempted by the regulations from filing an annual return under section 3.1 shall file with the Minister a notice for every change in the information contained in a return filed under subsection 2 (1) or 3 (1), within 15 days after the change takes place.

(2) Subsection 4 (2) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 17, section 36 and amended by 1995, chapter 3, section 2, is repealed and the following substituted:

Optional notice

(2) Subject to subsections (1) and (1.1), a corporation may file with the Minister a notice for any change or correction in the information contained in a return filed under subsection 2 (1) or 3 (1) or section 3.1.

(3) Section 7.2 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 79, is repealed.

(4) Section 19 of the Act is amended by striking out "or" at the end of clause (b) and by adding the following clauses:

(d) that information set out in the certificate has been filed under this Act and is contained in the records of the Ministry; or

(e) information relating to the corporation based on the records of the Ministry.

(5) Clause 22 (i) of the Act is repealed and the following substituted:

(i) prescribing alternative methods of filing documents under this Act and governing the filing of documents by each method, including the manner of acceptance of documents and the determination of the date of receipt;

(6) Clauses 22 (i.1) and (i.2) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 79, are repealed.

Electricity Act, 1998

12. (1) The heading to Part VIII of the Electricity Act, 1998 is amended by striking out "Code" at the end.

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

Definitions

112.1 In this Part,

"Authority" means the Electrical Safety Authority; ("Office")

"authorization" means a licence, certificate or registration issued under this Part, despite the definition of "licence" in subsection 2 (1); ("autorisation")

"Director" means a person appointed as a Director under this Part; ("directeur")

"inspector" means an inspector appointed under this Part; ("inspecteur")

"person" means an individual, a corporation, an association, a partnership or any other entity; ("personne")

"regulations" means the regulations made under this Part, despite the definition of "regulations" in subsection 2 (1). ("règlements")

(3) Subsection 113 (1) of the Act is amended by striking out "The Electrical Safety Authority" at the beginning and substituting "The Authority".

(4) Subsections 113 (6) to (13) of the Act are repealed.

(5) Part VIII of the Act is amended by adding the following sections:

Director

113.1 (1) The Authority may appoint one or more Directors for the purposes of this Part.

Restrictions

(2) An appointment is subject to the restrictions, limitations and conditions that the Authority sets out in it.

Powers

(3) Unless otherwise stated in the appointment, a Director,

(a) may supervise and direct inspectors and other persons responsible for administering or enforcing this Part, the regulations or an order of the Authority; and

(b) is an inspector and may exercise any of the powers and perform any of the duties of an inspector.

Delegation

(4) A Director may delegate in writing any of his or her powers or duties to any person, subject to the restrictions, limitations and conditions that the Director sets out in the delegation.

Document of appointment

(5) The Authority shall issue to each Director a document establishing his or her appointment, and the Director shall produce it on request.

Authorization

113.2 (1) Except as provided in the regulations, no person shall 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.

Refusal, suspension, etc.

(2) A Director may refuse to grant an applicant an authorization for the carrying out of activities or may refuse to renew, may suspend or may revoke an authorization holder's authorization for the carrying out of activities, if the Director has reason to believe that,

(a) the applicant or authorization holder will not carry out the activities in accordance with the law;

(b) the applicant or authorization holder will not carry out the activities safely;

(d) the applicant or authorization holder will not conduct himself or herself with honesty and integrity or in accordance with the principle of protecting consumers;

(e) the applicant or authorization holder lacks the training, experience, qualifications or skills prescribed by the regulations;

(f) the applicant or authorization holder failed to comply with or to meet a requirement of this Part, the regulations or an order of the Authority;

(g) the authorization holder failed to comply with a restriction, limitation or condition of the authorization;

(h) the authorization holder obtained the authorization through misrepresentation or fraud; or

(i) the authorization holder permitted an unauthorized person to carry out the activities.

Conditions

(3) An authorization is subject to,

(a) the restrictions, limitations and conditions that are prescribed by the regulations; and

(b) the restrictions, limitations and conditions that are imposed by a Director.

Compliance with regulations

(4) In imposing a restriction, limitation or condition on an authorization, a Director shall comply with the rules prescribed by the regulations.

Notice of proposal

113.3 (1) Subject to subsection (2), a Director who proposes any of the following shall serve notice of the proposal, together with written reasons, on the applicant or authorization holder:

1. To grant an authorization subject to restrictions, limitations or conditions imposed on it by the Director.

2. To renew an authorization subject to restrictions, limitations or conditions imposed on it by the Director.

3. To refuse to grant an authorization.

4. To refuse to renew an authorization.

5. To suspend an authorization.

6. To revoke an authorization.

Exceptions

(2) A notice of proposal is not required,

(a) in the case of a provisional suspension of an authorization, or a provisional refusal to renew an authorization, under section 113.5;

(b) in the case of a refusal to grant or renew an authorization, or a suspension of an authorization, under section 113.6.

Service of notice

(3) The Director may serve the notice of proposal personally or by registered mail addressed to the applicant or authorization holder at the last address known to the Director, by fax or by any other form of electronic transmission if there is a record that the notice has been sent.

Deemed service, registered mail

(4) If registered mail is used, the notice shall be deemed to have been served on the third day after the day of mailing, unless the person on whom notice is being served satisfies the Director that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive the notice until a later date.

Deemed service, electronic transmission

(5) If a fax or any other form of electronic transmission is used, the notice shall be deemed to have been served on the day after the fax was sent or the other transmission was made, unless the person on whom notice is being served satisfies the Director that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive the notice until a later date.

Hearing

113.4 (1) A notice of proposal shall inform the applicant or authorization holder that the applicant or holder has a right to a hearing before the Director if the applicant or holder applies to the Director for the hearing within 15 days after being served with the notice.

Extension of time

(2) The Director may extend the time for applying for a hearing, either before or after the 15-day period expires, if he or she is satisfied that,

(a) there are reasonable grounds for granting the extension; and

(b) there are apparent grounds for granting to the applicant or authorization holder the relief sought at the hearing.

Directions

(3) In granting an extension, the Director may give any directions he or she considers appropriate.

If no hearing requested

(4) If the applicant or authorization holder does not apply for a hearing in accordance with this section, the Director may carry out the proposal stated in the notice of proposal.

If hearing requested

(5) If the applicant or authorization holder applies for a hearing in accordance with this section, the Director shall set a time for and hold the hearing, after issuing a notice of hearing to the applicant or authorization holder.

Findings of fact

(6) The findings of fact made by the Director upon the hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15, 15.1, 15.2 and 16 of the Statutory Powers Procedure Act.

Decision

(7) After the hearing, the Director may carry out the proposal stated in the notice of proposal if,

(a) in the case of a proposal mentioned in paragraph 3, 4, 5 or 6 of subsection 113.3 (1), the Director is satisfied that any of the grounds set out in subsection 113.2 (2) exists; or

(b) in the case of a proposal mentioned in paragraph 1 or 2 of subsection 113.3 (1), the Director is satisfied that the imposition of the restrictions, limitations and conditions complies with the rules mentioned in subsection 113.2 (4).

Provisional suspension or refusal to renew if safety involved

113.5 (1) A Director may, by serving notice on an authorization holder and without a hearing, provisionally suspend or provisionally refuse to renew the holder's authorization if, in the Director's opinion, the carrying on of the activities under the authorization is an immediate threat to public safety or the safety of any person.

Notice

(2) A notice under subsection (1) shall state the Director's reasons for the decision to provisionally suspend or provisionally refuse to renew the authorization and shall inform the authorization holder that the holder has a right to a hearing before the Director if the holder applies to the Director for the hearing within 15 days after being served with the notice.

Application of provisions

(3) Subsections 113.3 (3), (4) and (5) apply with respect to a notice under this section and subsections 113.4 (2), (3), (5) and (6) apply for the purposes of a hearing under this section.

Decision

(4) After the hearing,

(a) if the Director is satisfied that a ground set out in subsection 113.2 (2) exists, the Director may suspend, revoke or refuse to renew the authorization;

(b) if the Director is satisfied that no ground set out in subsection 113.2 (2) exists, the Director,

(i) shall reinstate the suspended authorization, or

(ii) shall renew the authorization and may impose restrictions, limitations or conditions on the authorization in accordance with subsection 113.2 (4).

Default in payment

113.6 (1) A Director may refuse to grant or to renew an authorization or may suspend an authorization, if,

(a) the applicant or authorization holder is in default of the payment of a fee, an administrative penalty, a cost or another charge owing to the Authority; or

(b) the applicant or authorization holder is in default of the payment of a fine imposed on conviction for an offence under this Part.

Notice and hearing not required

(2) A Director is not required to give notice or to hold a hearing before acting under subsection (1).

Granting of authorization or renewal

(3) If an application for an authorization or for the renewal of an authorization is refused under subsection (1), the applicant is entitled to the authorization or renewal on providing proof to the Director that the applicant is no longer in default.

Reinstatement of suspended authorization

(4) If an authorization is suspended under subsection (1), the authorization holder is entitled to have the authorization reinstated on providing proof to the Director that the authorization holder is no longer in default.

Opportunities before hearing

113.7 (1) A notice of hearing issued by a Director under this Part shall afford to the applicant or authorization holder a reasonable opportunity to show or to achieve, before the hearing, compliance with all lawful requirements for the granting, retention or renewal of the authorization.

Examination of documentary evidence

(2) The applicant or authorization holder shall be given an opportunity to examine, before a hearing by a Director under this Part, any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing.

Recording of evidence

113.8 (1) The oral evidence taken before a Director at a hearing under this Part shall be recorded at the request of the applicant, the authorization holder or the Director, and the recording shall be at the cost of the person making the request.

Transcript

(2) If copies of the transcript are requested, they shall be provided at the cost of the person making the request.

Conflict

113.9 If, under the Safety and Consumer Statutes Administration Act, 1996, this Part is designated legislation to be administered by a designated administrative authority, and if a regulation made under clause 15 (1) (c) of that Act requires that, before an appeal to the Divisional Court is made under section 113.10 of this Act, a review panel must review the decision made by a Director after a hearing under this Act, that regulation prevails over this Part to the extent of any conflict.

Appeal after hearing

113.10 (1) An applicant or authorization holder may appeal to the Divisional Court if, after a hearing, a Director does any of the following:

1. Grants the authorization subject to restrictions, limitations or conditions imposed on it by the Director.

2. Renews the authorization subject to restrictions, limitations or conditions imposed on it by the Director.

3. Refuses to grant the authorization.

4. Refuses to renew the authorization.

5. Suspends the authorization.

6. Revokes the authorization.

How to appeal

(2) To appeal under this section, the applicant or authorization holder must file a notice of appeal with the court within 30 days after receiving notice of the Director's decision.

Director is party

(3) The Director is a party to the appeal.

Decision

(4) In deciding the appeal, the court may order the Director to take such action as the court considers proper.

Continuation of authorization

Continuation upon renewal application

113.11 (1) If, within the time prescribed by the regulations, or, if no time is prescribed, before the expiry of the authorization, an authorization holder applies to a Director for renewal of the authorization, the authorization continues to be valid,

(a) until the Director renews the authorization, unless clause (b), (c) or (d) applies;

(b) until the Director provisionally refuses to renew the authorization under subsection 113.5 (1);

(d) subject to subsection (3), if the authorization holder is served with a notice under section 113.3 that the Director proposes to refuse to renew the authorization, or if the Director refuses to renew the authorization under subsection 113.5 (4),

(i) until the time for applying for a hearing by the Director under section 113.4 or 113.5 expires, unless subclause (ii) applies,

(ii) if the holder applies for a hearing in accordance with section 113.4 or 113.5,

(A) until the Director renews the authorization following the hearing, or

(B) if the Director refuses to renew the authorization following the hearing,

(1) until the time for filing a notice of appeal with the Divisional Court under section 113.10 expires, unless sub-sub-subclause 2 applies,

(2) if the holder files a notice of appeal with the Divisional Court in accordance with section 113.10, until the final disposition of the appeal.

Continuation after suspension, revocation

(2) Subject to subsection (3), if a Director suspends or revokes an authorization under subsection 113.4 (7) or 113.5 (4), the suspension or revocation does not take effect,

(a) until the time for filing a notice of appeal with the Divisional Court under section 113.10 expires, unless clause (b) applies;

(b) if a notice of appeal is filed with the Divisional Court in accordance with section 113.10, until the final disposition of the appeal.

Threat to safety

(3) If, in a Director's opinion, there is or may be a threat to public safety or to the safety of any person, the Director may specify that,

(a) the authorization in respect of which the renewal application has been made ceases to be valid earlier than the time specified in clause (1) (d); or

(b) the suspension or revocation referred to in subsection (2) takes effect earlier than the time specified in subsection (2).

Compliance order

113.12 (1) If it appears to a Director that a person is not complying with subsection 113.2 (1), with a regulation made under the authority of clause 113.22 (1) (e) or with a restriction, limitation or condition of an authorization, the Director may apply to a judge of the Superior Court of Justice for an order directing compliance.

Same

(2) The judge may make any order he or she considers just.

Clarification

(3) A Director may make an application under subsection (1) even if a penalty or another sanction has been applied against the person in respect of the failure to comply and regardless of any other rights the person may have.

Appeal

(4) An appeal lies to the Divisional Court from an order made under subsection (2).

Appointment of inspectors, etc.

113.13 (1) The Authority may appoint such inspectors and other officers as are considered necessary or advisable,

(a) for the purpose of section 113;

(b) for the purpose of ensuring compliance with subsection 113.2 (1); and

Restrictions

(2) An appointment is subject to the restrictions, limitations and conditions that the Authority sets out in it.

Document of appointment

(3) The Authority shall issue to each inspector and each officer appointed under this section a document establishing his or her appointment, and the inspector or officer shall produce it on request.

Inspection

113.14 (1) An inspector may enter any land, building or premises at any reasonable hour for the purpose of performing the duties he or she was appointed to perform.

Entry to dwellings

(2) Despite subsection (1), an inspector shall not enter a place or part of a place that is used as a dwelling except with the occupier's consent.

Duty to inform

(3) An inspector who wishes to enter a place or part of a place that is used as a dwelling shall inform the occupier that he or she may refuse consent.

Warrant required

(4) If the occupier refuses consent, the inspector shall not enter the dwelling unless he or she first obtains a warrant under section 158 of the Provincial Offences Act.

Reasonable force

(5) The inspector may use such force as is reasonably necessary to execute the warrant and may call on police officers to assist in its execution.

Request for production

(6) In an inspection conducted for a purpose set out in clause 113.13 (1) (b) or (c), an inspector who wishes to request the production of a record or other thing for inspection must make the request in writing and must state the nature of the record or thing requested.

Obligation to produce and assist

(7) If an inspector makes a request under subsection (6), the person who has custody of the record or other thing shall produce it and, in the case of a record, shall at the request of the inspector provide such assistance as is reasonably necessary to interpret it or to produce it in readable form.

Assistance

(8) In an inspection conducted for a purpose set out in clause 113.13 (1) (b) or (c), an inspector may be accompanied by any person or persons who may be of assistance to him or her in conducting the inspection.

Removing things

(9) In an inspection conducted for a purpose set out in clause 113.13 (1) (b) or (c), an inspector may, on providing notice and a receipt to the appropriate person, remove any record or other thing for the purpose of review, copying, or making any examination, test or inquiry that may be necessary for the purposes of the inspection.

Making available and returning

(10) An inspector who removes any record or other thing for review or copying shall,

(a) make it available to the person from whom it was removed, on request, at a time and place convenient for both the person and the inspector; and

(b) return it to the person within a reasonable time.

Copy admissible in evidence

(11) A copy of a record that purports to be certified by an inspector as being a true copy of the original is admissible in evidence to the same extent, and has the same evidentiary value, as the original.

Obligation to facilitate

(12) Subject to subsection (7), in an inspection conducted for a purpose set out in clause 113.13 (1) (b) or (c), every person shall, at the request of the inspector, use all means in the person's power to facilitate the inspection.

Information confidential

113.15 (1) This section applies to a document or information obtained in the course of an inspection conducted for a purpose set out in clause 113.13 (1) (b) or (c).

Disclosure prohibited

(2) Subject to subsection (3), an inspector shall not disclose any document or information obtained in the course of an inspection except for the purposes of carrying out his or her duties under this Act.

Compellability in civil proceeding

(3) Subject to subsection (4), an inspector is a compellable witness in a civil proceeding respecting any document or information obtained in the course of an inspection.

Refusal or conditional permission

(4) A Director may,

(a) on reasonable grounds, refuse to permit an inspector to attend as a witness; or

(b) require that an inspector's attendance as a witness be subject to such conditions as are reasonable and necessary for the proper administration of this Part and the regulations.

Limitation

(5) Subsection (4) does not apply if,

(a) the court orders that the inspector attend as a witness;

(b) the proceeding is a proceeding under the Provincial Offences Act; or

Written decision

(6) A Director who makes a decision referred to in subsection (4) shall issue the decision in writing.

Disclosure by Director

(7) A Director may publish or otherwise disclose documents or information obtained under the powers conferred on the Director under this Part.

Director's confirmation

113.16 (1) A Director may issue a written confirmation with respect to,

(a) the granting or non-granting of an authorization, the renewal or non-renewal of an authorization, or the revocation or suspension of an authorization;

(b) the restrictions, limitations and conditions to which an authorization is subject;

(d) any other matter prescribed by the regulations.

Effect of confirmation

(2) A confirmation that purports to have been issued by a Director is proof, in the absence of evidence to the contrary, of the facts stated in it, without any proof of appointment or signature.

Fees, etc.

113.17 (1) If the Authority does so in accordance with the process and criteria that it establishes and that the Minister responsible for the administration of this Part has approved, the Authority may establish fees, administrative penalties, costs or other charges related to the administration of this Part and may require that such fees, administrative penalties, costs and other charges be paid at the times and in the manner directed by it.

Collection and application of fees

(2) The Authority shall collect the fees, administrative penalties, costs and other charges that it requires to be paid under this section and shall apply them to the expenses incurred by the Authority in administering this Part.

Agreement to exercise Authority's powers

113.18 The Authority may enter into agreements with any person or body prescribed by the regulations authorizing the person or body to exercise and perform any of the powers and duties of the Authority under subsection 113 (5) or section 113.13 or 113.17 and, for that purpose, a reference in section 113.19 or 113.20 to the Authority shall be deemed to be a reference to the person or body.

Liability

113.19 (1) No action or other civil proceeding shall be commenced against a director, an officer, an employee or an agent of the Authority, or a Director, an inspector or an officer appointed under this Part, for any act done in good faith in the exercise or performance or the intended exercise or performance of a power or duty under this Part, or for any neglect or default in the exercise or performance in good faith of such a power or duty.

Same

(2) Subsection (1) does not relieve the Authority of any liability to which it would otherwise be subject in respect of a cause of action arising from any act, neglect or default referred to in subsection (1).

Offences

113.20 Every person or entity,

(a) that refuses or neglects to comply with section 113 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 $5,000 for each offence;

(b) that refuses or neglects to comply with an order issued by the Authority under subsection 113 (5) is guilty of an offence and on conviction is liable to a fine of not more than $5,000 and a further fine of not more than $500 for each day upon which the refusal or neglect is repeated or continued;

(c) that refuses or neglects to comply with subsection 113.14 (7) or (12) or disturbs or interferes with an inspector or other officer in the performance of a duty the inspector 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 $500 for each offence;

(d) that contravenes or fails to comply with subsection 113.2 (1) is guilty of an offence and on conviction is liable to a fine of not more than $5,000 for each offence and a further fine of not more than $500 for each day upon which the offence is repeated or continued;

(e) that contravenes or fails to comply with any regulation made under the authority of clause 113.22 (1) (e) is guilty of an offence and on conviction is liable to a fine of not more than $5,000 for each offence and a further fine of not more than $500 for each day upon which the offence is repeated or continued;

(f) that contravenes or fails to comply with a restriction, limitation or condition of an authorization is guilty of an offence and on conviction is liable to a fine of not more than $5,000 for each offence and a further fine of not more than $500 for each day upon which the offence is repeated or continued;

(g) that knowingly makes a false statement or furnishes false information to a Director under this Part is guilty of an offence and on conviction is liable to a fine of not more than $5,000 for each offence.

Conflict

113.21 This Part and the regulations prevail over any municipal by-law.

Regulations

113.22 (1) The Authority, subject to the approval of the Lieutenant Governor in Council, may make regulations,

(a) prescribing activities that require an authorization, classifying the activities, the persons who carry out the activities and the authorizations, and prescribing the classes of authorizations that are required for different classes of activities or for different classes of persons;

(b) prescribing the training, experience, qualifications or skills that persons must have and the other requirements that persons must meet in order to obtain and retain a class of authorization;

(d) governing applications for authorization and applications for renewal of authorization, including prescribing procedures and timing requirements for making such applications;

(e) prescribing duties, powers and prohibitions that apply to holders of an authorization;

(f) prescribing rules with which a Director must comply in imposing a restriction, limitation or condition on an authorization;

(g) prescribing anything that must or may by this Part be done in accordance with the regulations or that is referred to in this Part as prescribed by, required by, provided in or referred to in the regulations.

General or particular

(2) A regulation made under subsection (1) may be general or particular in its application.

(6) Clause 114 (1) (j) of the Act is amended by striking out "subsection 113 (9)" at the end and substituting "section 113.18".

Land Titles Act

13. (1) Section 15 of the Land Titles Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 111, is repealed and the following substituted:

Representatives for boundaries

15. The Director of Titles may appoint one or more persons, each of whom is an Ontario land surveyor, to be a representative for the purposes of,

(a) exercising the powers and performing the duties of the Director of Titles under the Boundaries Act; or

(b) making an order under section 110 of the Condominium Act, 1998 to amend a declaration or description under that Act.

(2) Subsection 144 (1) of the Act is amended by adding at the end "with an absolute title".

Licence Appeal Tribunal Act, 1999

14. (1) Section 11 of the Licence Appeal Tribunal Act, 1999, as amended by the Statutes of Ontario, 2002, chapter 30, Schedule E, section 8 and 2002, chapter 33, section 143, is amended by striking out "Business Practices Act".

(2) Section 11 of the Act, as amended by the Statutes of Ontario, 2002, chapter 30, Schedule E, section 8 and 2002, chapter 33, section 143, is amended by striking out " Consumer Protection Act ".

(3) Section 11 of the Act, as amended by the Statutes of Ontario, 2002, chapter 30, Schedule E, section 8 and 2002, chapter 33, section 143, is amended by adding " Consumer Protection Act, 2002 ".

(4) Section 11 of the Act, as amended by the Statutes of Ontario, 2002, chapter 30, Schedule E, section 8 and 2002, chapter 33, section 143, is amended by striking out " Loan Brokers Act, 1994 ".

(5) Section 11 of the Act, as amended by the Statutes of Ontario, 2002, chapter 30, Schedule E, section 8 and 2002, chapter 33, section 143, is amended by striking out " Motor Vehicle Dealers Act " and substituting " Motor Vehicle Dealers Act, 2002 ".

(6) Section 11 of the Act, as amended by the Statutes of Ontario, 2002, chapter 30, Schedule E, section 8 and 2002, chapter 33, section 143, is amended by striking out " Real Estate and Business Brokers Act " and substituting " Real Estate and Business Brokers Act, 2002 ".

(7) Section 11 of the Act, as amended by the Statutes of Ontario, 2002, chapter 30, Schedule E, section 8 and 2002, chapter 33, section 143, is amended by striking out " Travel Industry Act " and substituting " Travel Industry Act, 2002 ".

Limited Partnerships Act

15. (1) Section 3.1 of the Limited Partnerships Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 87, is repealed.

(2) Clause 36 (d) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 87, is repealed and the following substituted:

(d) prescribing alternative methods of filing documents under this Act and governing the filing of documents by each method, including the manner of acceptance of documents, the determination of the date of receipt and the form of electronic signatures;

(3) Clause 36 (f) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 87, is repealed.

Motor Vehicle Dealers Act, 2002

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

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

(2) Subsection 1 (2) of the Act is repealed and the following substituted:

Associated persons

(2) For purposes of this Act, one person is associated with another person in any of the following circumstances:

1. One person is a corporation of which the other person is an officer or director.

2. One person is a partnership of which the other person is a partner.

3. Both persons are partners of the same partnership.

4. One person is a corporation that is controlled directly or indirectly by the other person.

5. Both persons are corporations and one corporation is controlled directly or indirectly by the same person who controls directly or indirectly the other corporation.

6. Both persons are members of the same voting trust relating to shares of a corporation.

7. Both persons are associated within the meaning of paragraphs 1 to 6 with the same person.

(3) Part IV of the Act is amended by adding the following section:

Registration prohibited

5.1 (1) If an applicant for registration or renewal of registration does not meet the prescribed requirements, the registrar shall refuse to grant or renew the registration.

Non-application

(2) Section 9 does not apply to a refusal under subsection (1) to grant or renew a registration.

Notice of refusal

(3) The registrar shall give the applicant written notice of a refusal under subsection (1), setting out the reasons for the refusal and subsection 37 (3) does not apply to the notice.

(4) Subsection 6 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Registration

(1) An applicant that meets the prescribed requirements is entitled to registration or renewal of registration by the registrar unless,

. . . . .

(5) Clauses 6 (1) (a), (b) and (c) of the Act are repealed and the following substituted:

(a) the applicant is not a corporation and,

(i) having regard to the applicant's financial position or the financial position of an interested person in respect of the applicant, the applicant cannot reasonably be expected to be financially responsible in the conduct of business,

(ii) the past conduct of the applicant or of an interested person in respect of the applicant affords reasonable grounds for belief that the applicant will not carry on business in accordance with law and with integrity and honesty, or

(iii) the applicant or an employee or agent of the applicant makes a false statement or provides a false statement in an application for registration or for renewal of registration;

(6) Subsection 6 (1) of the Act is amended by adding the following clauses:

(e) the applicant or an interested person in respect of the applicant is carrying on activities that are, or will be if the applicant is registered, in contravention of this Act or the regulations, other than the code of ethics established under section 43;

(f) the applicant is in breach of a condition of the registration; or

(g) the applicant fails to comply with a request made by the registrar under subsection (1.1).

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

Request for information

(1.1) The registrar may request an applicant for registration or renewal of registration to provide to the registrar, in the form and within the time period specified by the registrar,

(a) information specified by the registrar that is relevant to the decision to be made by the registrar as to whether or not to grant the registration or renewal;

(b) verification, by affidavit or otherwise, of any information described in clause (a) that the applicant is providing or has provided to the registrar.

(8) Subsection 6 (4) of the Act is amended by striking out "if the person is an associated shareholder of the person" in the portion before clause (a) and substituting "if the person is associated with the other person".

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

Registration of corporation

(1) When it registers and on each renewal of its registration, a motor vehicle dealer that is a corporation shall disclose to the registrar the identity of,

(a) each person that beneficially owns or controls 10 per cent or more of the equity shares issued and outstanding at the time of the registration or the renewal of registration, as the case may be; and

(b) persons that are associated with each other and that together beneficially own or control 10 per cent or more of the equity shares issued and outstanding at the time of the registration or the renewal of registration, as the case may be.

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

Refusal to register, etc.

(1) Subject to section 9, the registrar may refuse to register an applicant or may suspend or revoke a registration or refuse to renew a registration if, in his or her opinion, the applicant or registrant is not entitled to registration under section 6.

(11) Clause 9 (1) (a) of the Act is repealed and the following substituted:

(a) refuse under subsection 8 (1) to grant or renew a registration;

(12) Subsection 9 (8) of the Act is repealed and the following substituted:

Continuation pending renewal

(8) If, within the time prescribed or, if no time is prescribed, before the expiry of the registrant's registration, the registrant has applied for renewal of a registration and paid the required fee, the registration shall be deemed to continue,

(a) until the renewal is granted;

(b) until the registrar gives the registrant written notice of the registrar's refusal under section 5.1 to grant the renewal; or

(c) if the registrant is served notice that the registrar proposes to refuse under subsection 8 (1) to grant the renewal, until the time for requesting a hearing has expired or, if a hearing is requested, until the Tribunal makes its order.

(13) Subsection 13 (1) of the Act is repealed and the following substituted:

Notice of issue or transfer of shares

(1) In addition to the disclosure required under section 7, every motor vehicle dealer that is a corporation shall notify the registrar in writing within 30 days after the issue or transfer of any equity shares of the corporation, if the issue or transfer results in,

(a) any person, or any persons that are associated with each other, acquiring or accumulating beneficial ownership or control of 10 per cent or more of the total number of all issued and outstanding equity shares of the corporation; or

(b) an increase in the percentage of issued and outstanding equity shares of the corporation beneficially owned or controlled by any person, or any persons who are associated with each other, where the person or the associated persons already beneficially owned or controlled 10 per cent or more of the total number of all issued and outstanding equity shares of the corporation before the issue or transfer.

(14) Subsection 17 (3) of the Act is repealed and the following substituted:

Appointment of members

(3) If a discipline committee is established, the board of the administrative authority or, if there is no designated administrative authority, the Minister shall appoint the members of the discipline committee and the members of the appeals committee and, in making the appointments, shall ensure that the prescribed requirements for the composition of each committee are met.

(15) Section 19 of the Act is repealed and the following substituted:

Search warrant

19. (1) Upon application made without notice by an investigator appointed under this Act, 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) A warrant obtained under subsection (1) authorizes an investigator appointed under subsection 18 (1),

(a) upon producing his or her appointment, 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;

(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 search warrant

Expert help

(5) The warrant may authorize persons who have special, expert or professional knowledge 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

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

Assistance

Return of seized items

(11) An investigator shall return any item seized under this section or section 19.1 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

19.1 An investigator who is appointed under this Act and 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 that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.

(16) Section 20 of the Act is repealed and the following substituted:

Searches in exigent circumstances

20. (1) An investigator may exercise any of the powers described in subsection 19 (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. 19

(4) Subsections 19 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.

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

Freeze orders, non-registrants

22.1 (1) The director may make an order described in subsection (2) in respect of the money or assets of a person who is not registered under this Act and who is alleged to have conducted business for which registration is required under this Act at a time when the person was not registered to do so if,

(a) the director receives an affidavit in which it is alleged, and in which facts are set out supporting the allegation, that the person who is not registered under this Act,

(i) is subject to criminal proceedings or proceedings in relation to a contravention under this Act or any other Act that are about to be or have been instituted against the person in connection with or arising out of conducting business for which registration is required under this Act, or

(ii) owns a building, dwelling, receptacle or place, or carries on activities in a building, dwelling, receptacle or place, in respect of which a search warrant has been issued under section 19; and

(b) the director, based on the affidavit referred to in clause (a), finds reasonable grounds to believe that,

(i) in the course of conducting business for which registration is required under this Act, the person who is the subject of the allegation referred to in clause (a) has received money or assets from customers, and

(ii) the interests of those customers require protection.

Order

(2) In the circumstances described in subsection (1), the director may, in writing,

(a) order any person having on deposit or controlling any money or asset of the person who is the subject of the allegation referred to in clause (1) (a) to hold the money or asset; or

(b) order the person who is the subject of the allegation referred to in clause (1) (a),

(i) to refrain from withdrawing any money or asset from a person having it on deposit or controlling it, or

(ii) to hold any money or asset of a customer or other person in trust for the person who is entitled to it.

Application

(3) Subsections 22 (3) to (12) apply with necessary modifications to an order made under this section.

(18) The French version of clause 24 (1) (c) of the Act is repealed and the following substituted:

c) la date de l'entrée en fonction de chacun de ses vendeurs, celle de la cessation de ses fonctions et, dans ce dernier cas, le motif de la cessation.

(19) The French version of clause 24 (2) (b) of the Act is repealed and the following substituted:

b) son entrée en fonction auprès d'un commerçant de véhicules automobiles ou la cessation de ses fonctions ainsi que la date pertinente.

(20) Section 25 of the Act is repealed and the following substituted:

Trust account

25. Every motor vehicle dealer shall,

(a) maintain in Ontario, in accordance with the prescribed conditions, an account designated as a trust account, in,

(i) a bank, or an authorized foreign bank, within the meaning of section 2 of the Bank Act (Canada),

(ii) a loan or trust corporation, or

(iii) a credit union, as defined in the Credit Unions and Caisses Populaires Act, 1994;

(b) deposit into the account all money that is required by the regulations to be held in trust;

(d) disburse the money in accordance with the prescribed conditions, if any.

(21) Subsection 29 (4) of the Act is amended by striking out "for such period as may be prescribed" at the end and substituting "for such period as the registrar specifies".

(22) Section 29 of the Act is amended by adding the following subsection:

Specified period

(5) The registrar shall not specify under subsection (4) a period,

(a) that exceeds such period as may be prescribed; or

(b) any part of which falls outside such period as may be prescribed.

(23) Section 36 of the Act is repealed and the following substituted:

Confidentiality

36. (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except,

(a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations;

(d) to a law enforcement agency;

(e) to his, her or its counsel; or

(f) with the consent of the person to whom the information relates.

Testimony

(24) Clause 43 (1) (c) of the Act is repealed and the following substituted:

(c) respecting any matter that is delegated by the Lieutenant Governor in Council to the Minister under paragraph 40 of subsection 44 (1).

(25) Section 43 of the Act is amended by adding the following subsection:

Code of ethics

(1.1) A regulation under clause (1) (c) may be made as part of the code of ethics established under clause (1) (a).

(26) Subsections 43 (2) and (4) of the Act are repealed and the following substituted:

Delegation

(2) Despite subsection 3 (4) of the Safety and Consumer Statutes Administration Act, 1996, the Minister may, by regulation, delegate to the board of the administrative authority the power to make some or all of the regulations under subsection (1), subject to the approval of the Minister.

. . . . .

Revocation, transition

(4) The Minister may, by regulation, revoke a delegation to the board of the administrative authority under subsection (2), but the revocation of a delegation does not result in the revocation of any regulation made by the board of the administrative authority under the delegated power before the revocation of the delegation, and the board's regulation remains valid.

(27) Subsection 44 (1) of the Act is amended by adding the following paragraph:

2.1 prescribing requirements for the purposes of subsections 5.1 (1) and 6 (1);

(28) Paragraph 3 of subsection 44 (1) of the Act is repealed and the following substituted:

3. governing the composition of the discipline committee and the appeals committee and, subject to subsection 17 (3), governing matters relating to the appointment of the members of those committees;

(29) Paragraph 7 of subsection 44 (1) of the Act is repealed and the following substituted:

7. governing educational requirements for applicants for registration, applicants for renewal of registration and registrants, including,

i. requiring applicants for registration, applicants for renewal of registration and registrants to meet educational requirements specified by the board of the administrative authority, the Minister, the director or the registrar or to complete a program of studies that has been, or take one or more courses that have been, designated by the board of the administrative authority, the Minister, the director or the registrar,

ii. authorizing the board of the administrative authority, the Minister, the director or the registrar to designate organizations that are authorized to provide the programs and courses designated under subparagraph i, and

iii. requiring that all educational requirements specified under subparagraph i and the list of all programs and courses designated under that subparagraph be made available to the public;

(30) Subsection 44 (1) of the Act is amended by adding the following paragraph:

13.1 prescribing the responsibilities of registrants or any class of registrant;

(31) Paragraph 20 of subsection 44 (1) of the Act is repealed.

(32) Subsection 44 (1) of the Act is amended by adding the following paragraphs:

45. defining, for the purposes of this Act and the regulations, any word or expression that is used in this Act but not defined in this Act;

46. authorizing the director or the board of the administrative authority to conduct quality assurance programs in relation to the administration of this Act or the regulations and to use information collected under this Act for the purposes of those programs.

(33) Subsection 44 (3) of the Act is repealed and the following substituted:

Revocation, transition

(3) The Lieutenant Governor in Council may, by regulation, revoke a delegation to the Minister under paragraph 40 of subsection (1), but the revocation of a delegation does not result in the revocation of any regulation that was made, before the revocation of the delegation,

(a) by the Minister under the delegated power; or

(b) by the board of the administrative authority pursuant to a delegation by the Minister under subsection 43 (2),

and the Minister's or board's regulation remains valid.

Paperback and Periodical Distributors Act

17. (1) Section 11 of the Paperback and Periodical Distributors Act is repealed and the following substituted:

Confidentiality

11. (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except,

(a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations;

(c) to an entity or organization prescribed by the regulations, if the purpose of the communication is consumer protection;

(d) to a law enforcement agency;

(e) to his, her or its counsel; or

(f) with the consent of the person to whom the information relates.

Testimony

(2) Section 16 of the Act is amended by adding the following clauses:

(g) prescribing entities and organizations for the purpose of clause 11 (1) (c);

(h) requiring the Registrar to maintain a public record of certain documents and information, prescribing the documents and information that must be kept in the public record, and governing the public record and access to it;

(i) requiring the Registrar to publish certain documents and information, prescribing the documents and information that must be published, and governing their publication and access to them;

(j) authorizing the Registrar to conduct quality assurance programs in relation to the administration of this Act or the regulations and to use information collected under this Act for the purpose of those programs.

Real Estate and Business Brokers Act, 2002

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

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

(2) Subsection 1 (2) of the Act is repealed and the following substituted:

Associated persons

(2) For purposes of this Act, one person is associated with another person in any of the following circumstances:

1. One person is a corporation of which the other person is an officer or director.

2. One person is a partnership of which the other person is a partner.

3. Both persons are partners of the same partnership.

4. One person is a corporation that is controlled directly or indirectly by the other person.

5. Both persons are corporations and one corporation is controlled directly or indirectly by the same person who controls directly or indirectly the other corporation.

6. Both persons are members of the same voting trust relating to shares of a corporation.

7. Both persons are associated within the meaning of paragraphs 1 to 6 with the same person.

(3) Part IV of the Act is amended by adding the following section:

Registration prohibited

9.1 (1) If an applicant for registration or renewal of registration does not meet the prescribed requirements, the registrar shall refuse to grant or renew the registration.

Non-application

(2) Section 14 does not apply to a refusal under subsection (1) to grant or renew a registration.

Notice of refusal

(3) The registrar shall give the applicant written notice of a refusal under subsection (1), setting out the reasons for the refusal and subsection 45 (3) does not apply to the notice.

(4) Subsection 10 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Registration

(1) An applicant that meets the prescribed requirements is entitled to registration or renewal of registration by the registrar unless,

. . . . .

(5) Clauses 10 (1) (a), (b) and (c) of the Act are repealed and the following substituted:

(a) the applicant is not a corporation and,

(iii) the applicant or an employee or agent of the applicant makes a false statement or provides a false statement in an application for registration or for renewal of registration;

(6) Subsection 10 (1) of the Act is amended by adding the following clauses:

(f) the applicant is in breach of a condition of the registration; or

(g) the applicant fails to comply with a request made by the registrar under subsection (1.1).

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

Request for information

(1.1) The registrar may request an applicant for registration or renewal of registration to provide to the registrar, in the form and within the time period specified by the registrar,

(a) information specified by the registrar that is relevant to the decision to be made by the registrar as to whether or not to grant the registration or renewal;

(b) verification, by affidavit or otherwise, of any information described in clause (a) that the applicant is providing or has provided to the registrar.

(8) Subsection 10 (4) of the Act is amended by striking out "if the person is an associated shareholder of the person" in the portion before clause (a) and substituting "if the person is associated with the other person".

(9) Subsection 11 (1) of the Act is repealed and the following substituted:

Registration of corporation

(1) When it registers and on each renewal of its registration, a brokerage that is a corporation shall disclose to the registrar the identity of,

(10) Subsection 13 (1) of the Act is repealed and the following substituted:

Refusal to register, etc.

(1) Subject to section 14, the registrar may refuse to register an applicant or may suspend or revoke a registration or refuse to renew a registration if, in his or her opinion, the applicant or registrant is not entitled to registration under section 10.

(11) Clause 14 (1) (a) of the Act is repealed and the following substituted:

(a) refuse under subsection 13 (1) to grant or renew a registration;

(12) Subsection 14 (8) of the Act is repealed and the following substituted:

Continuation pending renewal

(a) until the renewal is granted;

(b) until the registrar gives the registrant written notice of the registrar's refusal under section 9.1 to grant the renewal; or

(c) if the registrant is served notice that the registrar proposes to refuse under subsection 13 (1) to grant the renewal, until the time for requesting a hearing has expired or, if a hearing is requested, until the Tribunal makes its order.

(13) Subsection 18 (1) of the Act is repealed and the following substituted:

Notice of issue or transfer of shares

(1) In addition to the disclosure required under section 11, every brokerage that is a corporation shall notify the registrar in writing within 30 days after the issue or transfer of any equity shares of the corporation, if the issue or transfer results in,

(14) Subsection 21 (3) of the Act is repealed and the following substituted:

Appointment of members

(3) The board of the administrative authority or, if there is no designated administrative authority, the Minister shall appoint the members of the discipline committee and the members of the appeals committee and, in making the appointments, shall ensure that the prescribed requirements for the composition of each committee are met.

(15) Section 23 of the Act is repealed and the following substituted:

Search warrant

23. (1) Upon application made without notice by an investigator appointed under this Act, 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

Powers under warrant

(2) A warrant obtained under subsection (1) authorizes an investigator appointed under subsection 22 (1),

(a) upon producing his or her appointment, 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;

(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 search warrant

Expert help

(5) The warrant may authorize persons who have special, expert or professional knowledge 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

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

Assistance

Return of seized items

(11) An investigator shall return any item seized under this section or section 23.1 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

23.1 An investigator who is appointed under this Act and 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 that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.

(16) Section 24 of the Act is repealed and the following substituted:

Searches in exigent circumstances

24. (1) An investigator may exercise any of the powers described in subsection 23 (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. 23

(4) Subsections 23 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.

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

Freeze orders, non-registrants

25.1 (1) The director may make an order described in subsection (2) in respect of the money or assets of a person who is not registered under this Act and who is alleged to have conducted business for which registration is required under this Act at a time when the person was not registered to do so if,

(a) the director receives an affidavit in which it is alleged, and in which facts are set out supporting the allegation, that the person who is not registered under this Act,

(ii) owns a building, dwelling, receptacle or place, or carries on activities in a building, dwelling, receptacle or place, in respect of which a search warrant has been issued under section 23; and

(b) the director, based on the affidavit referred to in clause (a), finds reasonable grounds to believe that,

(ii) the interests of those clients or customers require protection.

Order

(2) In the circumstances described in subsection (1), the director may, in writing,

(a) order any person having on deposit or controlling any money or asset of the person who is the subject of the allegation referred to in clause (1) (a) to hold the money or asset; or

(b) order the person who is the subject of the allegation referred to in clause (1) (a),

(i) to refrain from withdrawing any money or asset from a person having it on deposit or controlling it, or

(ii) to hold any money or asset of a client, customer or other person in trust for the person who is entitled to it.

Application

(3) Subsections 25 (3) to (12) apply with necessary modifications to an order made under this section.

(18) Subsection 27 (1) of the Act is repealed and the following substituted:

Trust account

(1) Every brokerage shall,

(a) maintain in Ontario an account designated as a trust account, in,

(i) a bank, or an authorized foreign bank, within the meaning of section 2 of the Bank Act (Canada),

(ii) a loan or trust corporation, or

(iii) a credit union, as defined in the Credit Unions and Caisses Populaires Act, 1994;

(b) deposit into the account all money that comes into the brokerage's hands in trust for other persons in connection with the brokerage's business;

(d) disburse the money only in accordance with the terms of the trust.

(19) The French version of clause 28 (1) (c) of the Act is repealed and the following substituted:

c) la date de l'entrée en fonction de chacun de ses courtiers et agents immobiliers, celle de la cessation de ses fonctions et, dans ce dernier cas, le motif de la cessation.

(20) The French version of clause 28 (2) (b) of the Act is repealed and the following substituted:

b) son entrée en fonction auprès d'une maison de courtage ou la cessation de ses fonctions ainsi que la date pertinente.

(21) Section 32 of the Act is repealed and the following substituted:

Acquisition or divestiture by registrant

32. (1) Unless the registrant first delivers to all other parties to the agreement the notice described in subsection (2) and the other parties have acknowledged in writing receipt of the notice, no registrant shall, directly or indirectly,

(a) purchase, lease, exchange or otherwise acquire for himself, herself, or itself, any interest in real estate, or make an offer to do so; or

(b) divest himself, herself, or itself of any interest in real estate, or make an offer to do so.

Contents of notice

(2) The notice referred to in subsection (1) shall be in writing and shall include,

(a) a statement that the registrant is a brokerage, broker or salesperson, as the case may be;

(b) full disclosure of all facts within the registrant's knowledge that affect or will affect the value of the real estate; and

(c) in the case of a transaction described in clause (1) (a), the particulars of any negotiation, offer or agreement by or on behalf of the registrant for the subsequent sale, lease, exchange or other disposition of an interest in the real estate to any other person.

(22) The English version of subsection 33 (3) of the Act is amended by striking out "vendor" wherever it appears and substituting in each case "seller".

(23) Subsection 38 (4) of the Act is amended by striking out "for such period as may be prescribed" at the end and substituting "for such period as the registrar specifies".

(24) Section 38 of the Act is amended by adding the following subsection:

Specified period

(5) The registrar shall not specify under subsection (4) a period,

(a) that exceeds such period as may be prescribed; or

(b) any part of which falls outside such period as may be prescribed.

(25) Section 44 of the Act is repealed and the following substituted:

Confidentiality

44. (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except,

(a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations;

(d) to a law enforcement agency;

(e) to his, her or its counsel; or

(f) with the consent of the person to whom the information relates.

Testimony

(26) Clause 50 (1) (c) of the Act is repealed and the following substituted:

(c) respecting any matter that is delegated by the Lieutenant Governor in Council to the Minister under paragraph 25 of subsection 51 (1).

(27) Section 50 of the Act is amended by adding the following subsection:

Code of ethics

(1.1) A regulation under clause (1) (c) may be made as part of the code of ethics established under clause (1) (a).

(28) Subsections 50 (2) and (4) of the Act are repealed and the following substituted:

Delegation

. . . . .

Revocation, transition

(29) Subsection 51 (1) of the Act is amended by adding the following paragraph:

2.1 prescribing requirements for the purposes of subsections 9.1 (1) and 10 (1);

(30) Paragraph 3 of subsection 51 (1) of the Act is repealed and the following substituted:

3. governing educational requirements for applicants for registration, applicants for renewal of registration and registrants, including,

i. establishing areas of specialization and prescribing different educational requirements for each area,

ii. establishing a certification process in respect of an area of specialization,

iii. requiring applicants for registration, applicants for renewal of registration and registrants to meet educational requirements specified by the board of the administrative authority, the Minister, the director or the registrar or to complete a program of studies that has been, or take one or more courses that have been, designated by the board of the administrative authority, the Minister, the director or the registrar,

iv. authorizing the board of the administrative authority, the Minister, the director or the registrar to designate organizations that are authorized to provide the programs and courses designated under subparagraph iii, and

v. requiring that all educational requirements specified under subparagraph iii and the list of all programs and courses designated under that subparagraph be made available to the public;

(31) Paragraph 5 of subsection 51 (1) of the Act is repealed.

(32) Paragraph 7 of subsection 51 (1) of the Act is repealed and the following substituted:

7. governing the insurance that brokerages, brokers or salespersons must have, including,

i. prescribing the types of insurance they must have,

ii. prescribing the minimum amounts for which they must be insured under each type of insurance,

iii. governing group insurance for brokerages, brokers or salespersons, including,

A. authorizing the board of the administrative authority or, if there is no designated administrative authority, the Minister to arrange for and administer group insurance on behalf of brokerages, brokers or salespersons and to act as named insured, and

B. requiring brokerages, brokers or salespersons to participate in group insurance;

(33) Paragraph 13 of subsection 51 (1) of the Act is repealed and the following substituted:

13. governing the composition of the discipline committee and the appeals committee and, subject to subsection 21 (3), governing matters relating to the appointment of the members of those committees;

(34) Subsection 51 (1) of the Act is amended by adding the following paragraphs:

29. defining, for the purposes of this Act and the regulations, any word or expression that is used in this Act but not defined in this Act;

30. authorizing the director or the board of the administrative authority to conduct quality assurance programs in relation to the administration of this Act or the regulations and to use information collected under this Act for the purposes of those programs.

(35) Subsection 51 (3) of the Act is repealed and the following substituted:

Revocation, transition

(3) The Lieutenant Governor in Council may, by regulation, revoke a delegation to the Minister under paragraph 25 of subsection (1), but the revocation of a delegation does not result in the revocation of any regulation that was made, before the revocation of the delegation,

(a) by the Minister under the delegated power; or

(b) by the board of the administrative authority pursuant to a delegation by the Minister under subsection 50 (2),

and the Minister's or board's regulation remains valid.

Registry Act

19. Subsection 108 (1) of the Registry Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is amended by striking out "subsection 107 (1)" and substituting "section 107".

Repair and Storage Liens Act

20. (1) Subsection 3 (2) of the Repair and Storage Liens Act is repealed and the following substituted:

When lien arises

(2) A repairer's lien arises and takes effect when the repair is commenced, except that no repairer's lien arises if the repairer was required to comply with sections 56 and 57, subsection 58 (1) and section 59 of the Consumer Protection Act, 2002, if applicable, and the repairer has not done so.

Amount of lien

(2.1) The amount of a repairer's lien under subsection (2) shall not exceed,

(a) the amount that the repairer is authorized to charge for the repair under subsection 58 (2) and section 64 of the Consumer Protection Act, 2002, if those provisions apply to the repairer; and

(b) the maximum amount authorized by the person who requested the repair, if section 56 of the Consumer Protection Act, 2002 applies to the person.

(2) Subsection 4 (3) of the Act is repealed and the following substituted:

When lien arises

(3) A storer's lien arises and takes effect when the storer receives possession of the article for storage or storage and repair, except that no storer's lien arises if the storer was required to comply with sections 56 and 57, subsection 58 (1) and section 59 of the Consumer Protection Act, 2002, if applicable, and the storer has not done so.

Amount of lien

(3.1) If a storer receives possession of an article for storage and repair, the amount of the storer's lien under subsection (3) shall not exceed,

(a) the amount that the storer is authorized to charge for the repair under subsection 58 (2) and section 64 of the Consumer Protection Act, 2002, if those provisions apply to the storer; and

(b) the maximum amount authorized by the person who requested the repair, if section 56 of the Consumer Protection Act, 2002 applies to the person.

Safety and Consumer Statutes Administration Act, 1996

21. (1) The Schedule to the Safety and Consumer Statutes Administration Act, 1996, as amended by the Statutes of Ontario, 1998, chapter 15, Schedule E, section 46, 2000, chapter 16, section 46, 2002, chapter 30, Schedule E, section 19 and 2002, chapter 33, section 152, is amended by striking out "Motor Vehicle Dealers Act" and substituting "Motor Vehicle Dealers Act, 2002".

(2) The Schedule to the Act, as amended by the Statutes of Ontario, 1998, chapter 15, Schedule E, section 46, 2000, chapter 16, section 46, 2002, chapter 30, Schedule E, section 19 and 2002, chapter 33, section 152, is amended by striking out " Real Estate and Business Brokers Act " and substituting " Real Estate and Business Brokers Act, 2002 ".

(3) The Schedule to the Act, as amended by the Statutes of Ontario, 1998, chapter 15, Schedule E, section 46, 2000, chapter 16, section 46, 2002, chapter 30, Schedule E, section 19 and 2002, chapter 33, section 152, is amended by striking out " Travel Industry Act " and substituting " Travel Industry Act, 2002 ".

Theatres Act

22. (1) Section 6 of the Theatres Act is amended by adding the following subsections:

Determination of exemptions

(4) The Director may determine on reasonable grounds whether a film or class of film meets the circumstances specified by the regulations for being or ceasing to be exempt from any provision of this Act or the regulations.

Notice

(5) On making a determination under subsection (4) with respect to a film or class of film, the Director shall notify the person who exhibits or distributes the film or class of film.

Determination final

(6) The Director's determination is final.

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

Confidentiality

9.1 (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except,

(a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations;

(c) to an entity or organization prescribed by the regulations, if the purpose of the communication is consumer protection;

(d) to a law enforcement agency;

(e) to his, her or its counsel; or

(f) with the consent of the person to whom the information relates.

Testimony

(3) Subsection 33 (4) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 279, is repealed and the following substituted:

Quorum

(4) Except if this Act provides otherwise, a quorum of the Board for the purpose of exercising a power under clause 3 (7) (a) or (d) is the number of members that the chair specifies.

(4) Section 36 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 280, is amended by adding the following subsection:

Format and information

(2) The Board may require that a person who applies to the Board for approval to exhibit or distribute a film or for classification of a film submit the film to the Board in a format that the Board requires, together with all other information relating to the film and its exhibition and distribution that the Board requires.

(5) Section 38 of the Act is amended by adding the following subsection:

Undertaking

(2) The Board may require that a person who distributes a film of a class prescribed by the regulations confirm by an undertaking or whatever other means the Board requires that the contents of the film are identical to a film that the Board has previously approved and classified if the film being distributed is in a format different from that of the film that the Board has previously approved and classified.

(6) Section 57.1 of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 287 and amended by 2000, chapter 26, Schedule B, section 19, is amended by adding the following clause:

(f.1) providing to the Board the confirmation described in subsection 38 (2);

(7) Section 57.1 of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 287 and amended by 2000, chapter 26, Schedule B, section 19, is amended by adding the following subsection:

Exemption from fees

(2) The Minister may by order, in the circumstances that the Minister considers appropriate and sets out in the order, exempt an applicant for an application for approval to exhibit or distribute films or for the classification of films from the requirement to pay fees under this Act.

(8) Subsection 60 (1) of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 288 and 2000, chapter 26, Schedule B, section 19, is amended by adding the following paragraphs:

1. prescribing entities and organizations for the purpose of clause 9.1 (1) (c);

2. requiring the Director to maintain a public record of certain documents and information, prescribing the documents and information that must be kept in the public record, and governing the public record and access to it;

3. requiring the Director to publish certain documents and information, prescribing the documents and information that must be published, and governing their publication and access to them;

4. authorizing the Director to conduct quality assurance programs in relation to the administration of this Act or the regulations and to use information collected under this Act for the purpose of those programs;

. . . . .

17.2 authorizing the Board to adopt as classifications of films, including for the purposes of subsections 19 (3) and (4) and of subsection 47 (1), classifications made by bodies other than the Board, subject to whatever changes that the Board considers appropriate;

. . . . .

27. prescribing classes of film for the purpose of subsection 38 (2);

. . . . .

33.1 specifying circumstances in which a film or class of film is or ceases to be exempt from any provision of this Act or the regulations;

Travel Industry Act, 2002

23. (1) Subsection 1 (1) of the Travel Industry Act, 2002 is amended by adding the following definition:

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

(2) Subsection 1 (2) of the Act is repealed and the following substituted:

Associated persons

(2) For purposes of this Act, one person is associated with another person in any of the following circumstances:

1. One person is a corporation of which the other person is an officer or director.

2. One person is a partnership of which the other person is a partner.

3. Both persons are partners of the same partnership.

4. One person is a corporation that is controlled directly or indirectly by the other person.

5. Both persons are corporations and one corporation is controlled directly or indirectly by the same person who controls directly or indirectly the other corporation.

6. Both persons are members of the same voting trust relating to shares of a corporation.

7. Both persons are associated within the meaning of paragraphs 1 to 6 with the same person.

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

(4) Part IV of the Act is amended by adding the following section:

Registration prohibited

7.1 (1) If an applicant for registration or renewal of registration does not meet the prescribed requirements, the registrar shall refuse to grant or renew the registration.

Non-application

(2) Section 11 does not apply to a refusal under subsection (1) to grant or renew a registration.

Notice of refusal

(3) The registrar shall give the applicant written notice of a refusal under subsection (1), setting out the reasons for the refusal and subsection 36 (3) does not apply to the notice.

(5) Subsection 8 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Registration

(1) An applicant that meets the prescribed requirements is entitled to registration or renewal of registration by the registrar unless,

. . . . .

(6) Clauses 8 (1) (a), (b) and (c) of the Act are repealed and the following substituted:

(a) the applicant is not a corporation and,

(iii) the applicant or an employee or agent of the applicant makes a false statement or provides a false statement in an application for registration or for renewal of registration;

(7) Subsection 8 (1) of the Act is amended by adding the following clauses:

(f) the applicant is in breach of a condition of the registration; or

(g) the applicant fails to comply with a request made by the registrar under subsection (1.1).

(8) Section 8 of the Act is amended by adding the following subsection:

Request for information

(1.1) The registrar may request an applicant for registration or renewal of registration to provide to the registrar, in the form and within the time period specified by the registrar,

(a) information specified by the registrar that is relevant to the decision to be made by the registrar as to whether or not to grant the registration or renewal;

(b) verification, by affidavit or otherwise, of any information described in clause (a) that the applicant is providing or has provided to the registrar.

(9) Subsection 8 (4) of the Act is amended by striking out "clause (1) (b)" and substituting "subclause (1) (a) (ii)".

(10) Subsection 8 (5) of the Act is amended by striking out "if the person is an associated shareholder of the person" in the portion before clause (a) and substituting "if the person is associated with the other person".

(11) Subsection 9 (1) of the Act is repealed and the following substituted:

Registration of corporation

(1) When it registers and on each renewal of its registration, a travel agent or travel wholesaler that is a corporation shall disclose to the registrar the identity of,

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

Refusal to register, etc.

(1) Subject to section 11, the registrar may refuse to register an applicant or may suspend or revoke a registration or refuse to renew a registration if, in his or her opinion, the applicant or registrant is not entitled to registration under section 8.

(13) Clause 11 (1) (a) of the Act is repealed and the following substituted:

(a) refuse under subsection 10 (1) to grant or renew a registration;

(14) Subsection 11 (8) of the Act is repealed and the following substituted:

Continuation pending renewal

(a) until the renewal is granted;

(b) until the registrar gives the registrant written notice of the registrar's refusal under section 7.1 to grant the renewal; or

(c) if the registrant is served notice that the registrar proposes to refuse under subsection 10 (1) to grant the renewal, until the time for requesting a hearing has expired or, if a hearing is requested, until the Tribunal makes its order.

(15) Subsection 15 (1) of the Act is repealed and the following substituted:

Notice of issue or transfer of shares

(1) In addition to the disclosure required under section 9, every registrant that is a corporation shall notify the registrar in writing within 30 days after the issue or transfer of any equity shares of the corporation, if the issue or transfer results in,

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

Appointment of members

(17) Section 20 of the Act is repealed and the following substituted:

Search warrant

20. (1) Upon application made without notice by an investigator appointed under this Act, 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

Powers under warrant

(2) A warrant obtained under subsection (1) authorizes an investigator appointed under subsection 19 (1),

(a) upon producing his or her appointment, 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;

(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 search warrant

Expert help

(5) The warrant may authorize persons who have special, expert or professional knowledge 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

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

Assistance

Return of seized items

(11) An investigator shall return any item seized under this section or section 20.1 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

20.1 An investigator who is appointed under this Act and 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 that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.

(18) Section 21 of the Act is repealed and the following substituted:

Searches in exigent circumstances

21. (1) An investigator may exercise any of the powers described in subsection 20 (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. 20

(4) Subsections 20 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.

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

Freeze orders, non-registrants

23.1 (1) The director may make an order described in subsection (2) in respect of the money or assets of a person who is not registered under this Act and who is alleged to have conducted business for which registration is required under this Act at a time when the person was not registered to do so if,

(a) the director receives an affidavit in which it is alleged, and in which facts are set out supporting the allegation, that the person who is not registered under this Act,

(ii) owns a building, dwelling, receptacle or place, or carries on activities in a building, dwelling, receptacle or place, in respect of which a search warrant has been issued under section 20; and

(b) the director, based on the affidavit referred to in clause (a), finds reasonable grounds to believe that,

(ii) the interests of those customers require protection.

Order

(2) In the circumstances described in subsection (1), the director may, in writing,

(a) order any person having on deposit or controlling any money or asset of the person who is the subject of the allegation referred to in clause (1) (a) to hold the money or asset; or

(b) order the person who is the subject of the allegation referred to in clause (1) (a),

(i) to refrain from withdrawing any money or asset from a person having it on deposit or controlling it, or

(ii) to hold any money or asset of a customer or other person in trust for the person who is entitled to it.

Application

(3) Subsections 23 (3) to (12) apply with necessary modifications to an order made under this section.

(20) Subsection 25 (2) of the Act is repealed and the following substituted:

Exception

(2) Subsection (1) does not apply if,

(a) the travel agent or travel wholesaler has properly disbursed the money received;

(b) the travel agent or travel wholesaler has acted in good faith and at arm's length with the person with whom he, she or it would be jointly and severally liable under subsection (1); and

(c) the person with whom the travel agent or travel wholesaler would be jointly and severally liable under subsection (1) is not in breach of a requirement to be registered under this Act.

(21) Subsection 29 (4) of the Act is amended by striking out "for such period as may be prescribed" at the end and substituting "for such period as the registrar specifies".

(22) Section 29 of the Act is amended by adding the following subsection:

Specified period

(5) The registrar shall not specify under subsection (4) a period,

(a) that exceeds such period as may be prescribed; or

(b) any part of which falls outside such period as may be prescribed.

(23) Section 35 of the Act is repealed and the following substituted:

Confidentiality

35. (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except,

(a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations;

(d) to a law enforcement agency;

(e) to his, her or its counsel; or

(f) with the consent of the person to whom the information relates.

Testimony

(24) Clause 42 (1) (c) of the Act is repealed and the following substituted:

(c) respecting any matter that is delegated by the Lieutenant Governor in Council to the Minister under paragraph 41 of subsection 43 (1).

(25) Section 42 of the Act is amended by adding the following subsection:

Code of ethics

(1.1) A regulation under clause (1) (c) may be made as part of the code of ethics established under clause (1) (a).

(26) Subsections 42 (2) and (4) of the Act are repealed and the following substituted:

Delegation

. . . . .

Revocation, transition

(27) Subsection 43 (1) of the Act is amended by adding the following paragraphs:

2.1 governing educational requirements for applicants for registration, applicants for renewal of registration and registrants, and their employees and contractors, including,

i. requiring them to meet educational requirements specified by the board of the administrative authority, the Minister, the director or the registrar or to complete a program of studies that has been, or take one or more courses that have been, designated by the board of the administrative authority, the Minister, the director or the registrar,

iii. requiring that all educational requirements specified under subparagraph i and the list of all programs and courses designated under that subparagraph be made available to the public;

. . . . .

3.1 prescribing requirements for the purposes of subsections 7.1 (1) and 8 (1);

(28) Paragraph 4 of subsection 43 (1) of the Act is repealed and the following substituted:

4. governing the composition of the discipline committee and the appeals committee and, subject to subsection 18 (3), governing matters relating to the appointment of the members of those committees;

(29) Paragraph 8 of subsection 43 (1) of the Act is repealed and the following substituted:

8. regulating the management and operation of branch offices of travel agents and permitting the registrar to determine whether an individual is qualified to manage or supervise an office operated by a travel agent;

(30) Paragraph 28 of subsection 43 (1) of the Act is repealed and the following substituted:

28. requiring and respecting payments into the Fund by travel agents and travel wholesalers and governing the amounts of the payments;

(31) Paragraph 29 of subsection 43 (1) of the Act is repealed and the following substituted:

29. respecting the payment out of the Fund of claims and respecting the procedures and rules to be followed in respect of claims, including,

i. prescribing maximum amounts that may be paid out of the Fund in different circumstances,

ii. permitting the director, with the approval of the board of the administrative authority or, if there is no designated administrative authority, with the approval of the Minister, to authorize the payment out of the Fund of amounts exceeding the prescribed maximum amount in specified circumstances,

iii. prescribing rules that apply to payment out of the Fund of claims arising out of a major event, including the right to defer payment, to pay in instalments or to partially reimburse, and

iv. permitting the director to designate one or more events as a major event and prescribing the matters the director must consider in designating a major event;

(32) Subsection 43 (1) of the Act is amended by adding the following paragraph:

29.1 permitting the director, in specified circumstances, to direct that payments be made from the Fund in order to enable or assist a person to depart on a trip immediately or to complete a trip that the person has begun, prescribing what constitutes or what is included in completion of a trip, and prescribing matters that the director may consider in deciding whether to make the direction;

(33) Paragraph 39 of subsection 43 (1) of the Act is repealed.

(34) Subsection 43 (1) of the Act is amended by adding the following paragraphs:

46. defining, for the purposes of this Act and the regulations, any word or expression that is used in this Act but not defined in this Act;

47. authorizing the director or the board of the administrative authority to conduct quality assurance programs in relation to the administration of this Act or the regulations and to use information collected under this Act for the purposes of those programs.

(35) Subsection 43 (3) of the Act is repealed and the following substituted:

Revocation, transition

(3) The Lieutenant Governor in Council may, by regulation, revoke a delegation to the Minister under paragraph 41 of subsection (1), but the revocation of a delegation does not result in the revocation of any regulation that was made, before the revocation of the delegation,

(a) by the Minister under the delegated power; or

(b) by the board of the administrative authority pursuant to a delegation by the Minister under subsection 42 (2),

and the Minister's or board's regulation remains valid.

Commencement and Short Title

Commencement

24. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2) Section 1, subsections 2 (23) and (27), sections 3 to 12, 14 to 18 and 20 to 23 come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

25. The short title of this Act is the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004.

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 70 and does not form part of the law. Bill 70 has been enacted as Chapter 19 of the Statutes of Ontario, 2004.

The Bill amends several Acts, most of which are administered by the Ministry of Consumer and Business Services. The main changes are as follows.

Athletics Control Act

A confidentiality provision is added to the Act. In addition, powers are added to make regulations that require the Commissioner to maintain a public record of certain documents and information and to publish certain documents and information and that authorize the Commissioner to conduct quality assurance programs and to use information collected under the Act for the purpose of those programs.

Bailiffs Act

The Act is amended to provide for assistant bailiffs, who act under the supervision of a bailiff in the repossession or seizure of chattels or in an eviction.

The Act prohibits a person from acting as a bailiff unless the person is appointed under the Act, either by the Minister under section 8 or by the Lieutenant Governor in Council under a predecessor provision. The Act prohibits a person from acting as an assistant bailiff unless the person is registered by the Registrar under section 9.2, or the person has been appointed under the Act since before the day the registration scheme comes into force and the person's appointment contemplates the person acting as an assistant bailiff.

An appointment of a bailiff must designate the county for which the bailiff is appointed. A registration of an assistant bailiff is valid for the county for which the bailiff employing the assistant is appointed.

If a bailiff has obtained a consent from the Minister under section 4 to act in a county other than the county for which he or she is appointed, the bailiffs and assistant bailiffs employed by the bailiff are authorized to act in the additional county.

The Act provides for applications for registration and renewal of registration of assistant bailiffs. It requires the applicant to submit a statement by a bailiff that, if the applicant obtains the registration or renewal, the bailiff will employ the applicant as an assistant bailiff and will supervise the applicant in a responsible and diligent manner. The Act also imposes a duty on all bailiffs to supervise the assistant bailiffs in their employ in a responsible and diligent manner. An assistant bailiff is obliged to notify the Registrar of any change in his or her employment status.

The Act provides an entitlement to registration to a person who applies in accordance with the Act, unless the applicant has not complied with requirements stipulated in the Act or the regulations, the applicant is not qualified, or the applicant's past conduct affords reasonable grounds for the belief that the applicant will not act in accordance with the law and with integrity and honesty.

The Minister is authorized to set the registration periods for which an applicant for registration or renewal of registration may apply and to approve a different application fee for each registration period. An application for registration or renewal of registration must indicate the registration period for which the applicant is applying and a registration must set out the date on which the registration expires. A registration continues until it is renewed, so long as the application for renewal is made before the expiry of the registration.

The registration of an assistant bailiff is subject to such terms and conditions as may be consented to by the Registrar and the applicant for registration or renewal.

The Registrar is authorized to refuse to renew a registration, to revoke or suspend a registration or to revoke an appointment of an assistant bailiff made before the day the registration scheme comes into force if, in the opinion of the Registrar, the assistant bailiff has not complied with this Act or the regulations or the Costs of Distress Act; has not acted, or is without capacity to act, responsibly as an assistant bailiff; has breached a term or condition of the registration or appointment; has ceased to be employed by a bailiff appointed under this Act; is not being supervised in a responsible and diligent manner by the bailiff employing him or her; or would not be entitled to registration if he or she were applying for registration.

The Act prohibits any bailiff or assistant bailiff from engaging in a practice that is prohibited by the regulations.

Various provisions of the Act that refer to a bailiff are amended to include a reference to an assistant bailiff.

The Act is also amended to provide that a corporation cannot be appointed as a bailiff unless at least one director of the corporation is appointed as a bailiff and is actively involved in the day-to-day operations of the corporation as a bailiff. The Registrar is authorized to revoke the appointment of a corporate bailiff if it has no director who is appointed as a bailiff and is actively involved in the day-to-day operations of the corporation as a bailiff. A corporate bailiff is obliged to notify the Registrar of any change in the directors or shareholders of the corporation and any change in the director or directors who are actively involved in the day-to-day operations of the corporation as a bailiff.

Provisions are added to make the appointment of a bailiff subject to such terms and conditions as may be consented to by the Minister and the applicant. The Registrar is authorized to revoke the appointment of a bailiff if the bailiff has breached a term or condition of the appointment.

The Act is amended to prohibit a person from acting as a bailiff or an assistant bailiff while licensed under the Private Investigators and Security Guards Act.

The Act is amended to make it an offence to furnish false information in any document furnished under the Act. The Act is also amended to make it an offence for a director or an officer of a corporation to fail to take reasonable care to prevent the corporation from committing an offence under the Act. The penalty on conviction of an individual for an offence under the Act is raised from a fine of not more than $5,000 to a fine of not more than $50,000 or imprisonment for a term of not more than two years less one day or both. The penalty on conviction of a corporation is raised from a fine of not more than $5,000 to a fine of not more than $250,000. A court convicting an individual or a corporation of an offence under the Act is authorized to order the person convicted to pay compensation or make restitution.

The Act is amended to allow the Registrar, when required to serve a notice, to send it in any manner that allows the Registrar to prove its receipt.

The confidentiality provision in the Act is amended. In addition, powers are added to make regulations that require the Registrar to maintain a public record of certain documents and information and to publish certain documents and information and that authorize the Registrar to conduct quality assurance programs and to use information collected under the Act for the purpose of those programs. Powers are also added to make regulations prescribing the qualifications and other requirements for appointment as a bailiff or registration as an assistant bailiff and to make regulations requiring persons appointed or registered under the Act to file returns with the Registrar.

Business Corporations Act

The Act is amended to clarify that if a professional corporation's name includes the words "Société professionnelle", the corporation is deemed to have complied with the requirement to include in its name the word "Limited", "Limitée", "Incorporated", "Incorporée" or "Corporation" or the corresponding abbreviations "Ltd.", "Ltée", "Inc." or "Corp.".

The Director's power to change the name of a corporation under section 12 is broadened to include the situation in which the name contravenes section 10.

The Act is amended to eliminate the requirement that a corporation send to the Director the statement, if any, that a director has given the corporation setting out the reasons for the director's resignation, the reasons for the director's opposition to a proposal to remove him or her from office or the reasons for the director's opposition to a proposal to appoint or elect someone to fill the vacancy upon the resignation, removal, or expiry of term of office, of the director.

The Act is amended by repealing an unproclaimed provision permitting a court, on application by an interested person, to exempt an auditor from disqualification on the ground that the auditor is not independent of the corporation, any of its affiliates, or the directors or officers of the corporation or any of its affiliates.

A provision is added to the Act to confirm that, upon articles of amalgamation becoming effective, the amalgamating corporations cease to exist as entities separate from the amalgamated corporation.

The Act is amended to eliminate the requirement that the Director give notice in The Ontario Gazette of a material correction of a certificate or of a material correction of articles or any other documents on which a certificate has been endorsed or issued.

Business Names Act

The Act is amended to permit the Registrar to cancel a registration if the registrant fails to pay any fee required by the Minister under the Act.

Cemeteries Act (Revised)

A confidentiality provision is added to the Act. In addition, powers are added to make regulations that require the Registrar to maintain a public record of certain documents and information and to publish certain documents and information and that authorize the Registrar to conduct quality assurance programs and to use information collected under the Act for the purpose of those programs.

Collection Agencies Act

The confidentiality provision in the Act is replaced with one that is similar to a confidentiality provision being introduced in other legislation administered by the Ministry of Consumer and Business Services. In addition, powers are added to make regulations that require the Registrar to maintain a public record of certain documents and information and to publish certain documents and information and that authorize the Registrar to conduct quality assurance programs and to use information collected under the Act for the purpose of those programs.

The maximum penalty for an individual who is convicted of an offence under the Act is raised from a fine of not more than $25,000 or imprisonment for a term of not more than one year to a fine of not more than $50,000 or imprisonment for a term of not more than two years less one day. The maximum penalty for a corporation that is convicted of an offence under the Act is raised from a fine of not more than $100,000 to a fine of not more than $250,000. The court convicting a person of an offence under the Act is empowered to order the person to pay compensation or make restitution.

In addition to the Minister's power to require the payment of fees for processing applications for registration or renewal of registration, the Minister is given the power to require the payment of fees for processing notices given to the Registrar with respect to the commencement or termination of the employment of a collector.

Consumer Protection Act, 2002

The Bill amends a number of provisions and definitions in the Consumer Protection Act, 2002 in order to differentiate the concepts of lending money and extending credit.

In Part V of the Act, the term "regulated operator" is replaced by "operator" to denote a credit repairer, a loan broker or a supplier who supplies such goods or services as may be prescribed.

Subsections 67 (3) and 78 (1) of the Act, which both deal with the disclosure of brokerage fees, are repealed and replaced with a single provision, an amended subsection 78 (1), dealing with the disclosure of brokerage fees.

Subsection 67 (4) of the Act, which is a broad transition provision relating to credit agreements, is repealed, but the power to deal with transition issues by regulation is retained.

Section 76 of the Act is amended to clarify that the refund or credit to which the borrower is entitled, on prepaying the full outstanding balance under a credit agreement for fixed credit, is a portion of the charges that form part of the cost of borrowing (other than interest), rather than a portion of all charges (other than interest).

Subsection 81 (6) of the Act, which sets out a subsequent disclosure rule in respect of amendments made to credit agreements for open credit, is replaced with subsections 81 (6) and (7), which set out two separate subsequent disclosure rules. The second rule deals with amendments to credit agreements for a credit card. The first rule deals with amendments to all other credit agreements for open credit.

Section 83 of the Act is amended to clarify that the assignee of the rights of a lender is subject to the obligations, liabilities and duties of the assignor in connection with the extension of the credit or the lending of the money, but not other obligations, liabilities or duties of the assignor.

Subsection 92 (3) of the Act is amended to allow consumer notices requesting a remedy from a supplier to be oral or in writing, unless the regulations require otherwise in certain cases.

Section 93 of the Act is amended to permit a court to make an exception to the rule that a consumer agreement that is not made in accordance with the Act or the regulations is not binding on the consumer, if the court determines that it would be inequitable in the circumstances for the consumer not to be bound.

Subsection 96 (3) of the Act is amended to require a consumer who cancels a consumer agreement to take reasonable care, for a prescribed period, of all goods that came into the possession of the consumer, not just goods that were delivered to the consumer.

Section 96 of the Act is also amended by adding a subsection (7), which provides that if a consumer has cancelled a consumer agreement and has not met his or her obligations regarding the goods, the supplier or the person to whom the obligation is owed may commence an action. This parallels the consumer's right under subsection 96 (6) of the Act to commence an action if the supplier has not met the supplier's obligations on cancellation.

Section 98 of the Act is amended to ensure that a consumer is entitled to a refund in all situations where the supplier or another person has charged a fee or an amount, or received a payment, in contravention of the Act.

Section 99 of the Act deals with the following situation: a consumer has made a payment to a supplier by credit card; the supplier is required to refund that payment to the consumer; the supplier has not refunded all of the payment within the required period; and the consumer is requesting the credit card issuer to cancel or reverse the credit card charge. Subsection 99 (4) is amended to require that the consumer's request to the credit card issuer comply with any requirements that may be prescribed under subsection 92 (2) of the Act, in addition to the existing requirement that the request be given in accordance with section 92 of the Act. Clause 99 (5) (b) is amended to set a prescribed period within which the credit card issuer must either cancel or reverse the credit card charge or send the consumer a notice explaining why the credit card issuer is of the opinion that the consumer is not entitled to the refund.

The Bill also amends other provisions of the Act to address minor errors and inconsistencies, to clarify the meaning of certain provisions and to permit the sections of the Act to work more efficiently together. There are also amendments to make the Act conform more closely with the Agreement for Harmonization of Cost of Credit Disclosure Laws in Canada.

The Bill amends the search provisions of the Act and adds a provision that allows things to be seized without a warrant in limited circumstances. The Bill also replaces the confidentiality provision in the Act.

The Bill adds some regulation-making powers to the Act. The powers that are added include the power to define by regulation words used but not defined in the Act; the power to make regulations governing applications for credit cards; the power to make regulations governing information, other than disclosure statements, that a lender must provide to a borrower; the power to prescribe remedies that a consumer may exercise if the consumer does not receive a disclosure statement for a lease as required by the Act or if the disclosure statement received by the consumer does not comply with certain requirements of the Act or the regulations; and the power to authorize the Director to conduct quality assurance programs in relation to the administration of the Act and to use information collected under the Act for the purposes of those programs.

The Bill expands some of the existing regulation-making powers in the Act. The expanded powers include the power to exclude the application of provisions of the regulations, not just the Act, to consumer agreements that meet the criteria of more than one type of agreement; the power to prescribe the maximum liability of a borrower for unauthorized charges under any credit agreement for open credit, not just an agreement for a credit card; the power to make regulations governing disclosure statements under Part VIII, not just Part VII; the power to prescribe requirements for any consumer notice requesting a remedy from a supplier, not just for a consumer notice cancelling a consumer agreement; the power to make regulations governing the various types of agreements to which the Act applies; and the power to make regulations governing estimates, authorizations and invoices relating to motor vehicle repairs.

Consumer Protection Statute Law Amendment Act, 2002

The Bill amends Schedule E to the Consumer Protection Statute Law Amendment Act, 2002 by replacing an amendment to the Discriminatory Business Practices Act. The new amendment amends the search provisions of the Discriminatory Business Practices Act so that they are similar to the search provisions in the Consumer Protection Act, 2002.

The Bill repeals amendments that Schedule E made to the Licence Appeal Tribunal Act, 1999 and the Safety and Consumer Statutes Administration Act, 1996. These amendments, which are necessary as a result of the Consumer Protection Statute Law Amendment Act, 2002, are now contained in the Bill, in separate subsections that may be proclaimed into force on different days.

Consumer Reporting Act

The Act is amended to clarify that a consumer reporting agency must not include in a consumer report information regarding a debt or collection, if more than seven years have elapsed since the date of last payment on the debt or collection or, where no payment has been made, more than seven years have elapsed since the date on which the default in payment or the matter giving rise to the collection occurred, unless the creditor or the creditor's agent confirms that the debt or collection is not barred by statute and the confirmation appears in the file.

Corporations Act

In addition to a corporation's right to pass by-laws providing for the distribution of its property, on dissolution, to charitable organizations or organizations whose objects are beneficial to the community, the corporation is given the right to pass by-laws providing for the distribution of its property, on dissolution, to the Crown in right of Ontario or its agents, the Crown in right of Canada or its agents or municipal corporations.

The Act is amended to eliminate the requirement that the calling of an applicant be set out in an application for the incorporation of a fraternal society or an application for the incorporation of a pension fund or employees' mutual benefit society, to eliminate the requirement that the calling of a member of a pension fund or employees' mutual benefit society be set out in a requisition for audit filed with the Minister, and to eliminate the requirement that the callings of the directors be set out in the register of directors that the corporation is required to keep.

The section of the Act allowing the Lieutenant Governor in Council to relieve a corporation incorporated before April 30, 1954 from compliance with any provision of the Act is repealed.

Corporations Information Act

A corporation that is exempted by the regulations from filing an annual return is required to file a notice for every change in the information contained in its initial return, within 15 days after the change takes place.

An unproclaimed section permitting a document to be filed by fax is repealed. The existing power to make a regulation prescribing alternative methods of filing is broadened to permit the regulation to govern the filing by each method.

The Minister is given the power to issue a certificate certifying that information set out in the certificate is contained in the records of the Ministry or certifying information relating to the corporation based on the records of the Ministry.

Electricity Act, 1998

Part VIII of the Act deals with electrical safety by authorizing the Electrical Safety Authority to establish an Electrical Safety Code and by providing for the Authority to inspect, test and approve works and matters to be used in the generation, transmission, distribution, retail or use of electricity in Ontario. The safety focus of Part VIII is broadened by including a prohibition against persons carrying out activities to be prescribed by regulation, unless an authorization is first obtained from a Director appointed by the Authority.

Part VIII provides grounds on which a Director may refuse to grant or renew an authorization or may suspend or revoke an authorization. These grounds include the Director's reasonable belief that the applicant or authorization holder will not carry out the activities in accordance with the law; that the applicant or authorization holder will not carry out the activities safely; that the applicant or authorization holder lacks the basic resources necessary to carry out the activities; that the applicant or authorization holder will not conduct himself or herself with honesty and integrity or in accordance with the principle of protecting consumers; that the applicant or authorization holder lacks the training, experience, qualifications or skills prescribed by the regulations; that the applicant or authorization holder failed to comply with or to meet a requirement of the Part, the regulations or an order of the Authority; that the authorization holder failed to comply with a restriction, limitation or condition of the authorization; that the authorization holder obtained the authorization through misrepresentation or fraud; or that the authorization holder permitted an unauthorized person to carry out the activities.

Part VIII also requires a Director to comply with the regulations in imposing a restriction, limitation or condition on an authorization.

Before granting or renewing an authorization subject to a restriction, limitation or condition, and before refusing to grant or renew an authorization or suspending or revoking an authorization based on any of the grounds previously mentioned, a Director must give notice to the applicant or authorization holder and, if the applicant or authorization holder requests a hearing, the Director must hold a hearing into the matter.

No notice or hearing is required if a Director refuses to grant or renew an authorization or suspends an authorization on the ground that the applicant or authorization holder is in default of the payment of a fee, an administrative penalty, a cost or another charge owing to the Authority or is in default of the payment of a fine imposed on conviction for an offence under Part VIII. On providing proof to the Director that he or she is no longer in default, the applicant or authorization holder is entitled to be granted the authorization or renewal or to have the suspension lifted.

If, in a Director's opinion, the carrying on of activities under an authorization is an immediate threat to public safety or the safety of any person, the Director may, by serving notice on the authorization holder and without a hearing, provisionally suspend or provisionally refuse to renew the authorization. However, the Director must subsequently hold a hearing if the authorization holder so requests.

A Director is authorized to apply to a judge of the Superior Court of Justice for a compliance order if a person is carrying out a prescribed activity without an authorization or if an authorization holder is not complying with a duty or prohibition imposed by regulation.

Part VIII provides a right of appeal to the Divisional Court from a decision made by a Director with respect to an applicant or authorization holder after a hearing and from a compliance order made by a judge of the Superior Court of Justice.

In addition to the inspectors that Part VIII already authorizes the Electrical Safety Authority to appoint for the purpose of inspecting works and matters to be used in the generation, transmission, distribution, retail or use of electricity in Ontario, Part VIII is amended to authorize the Authority to appoint inspectors for the purpose of ensuring that an authorization is obtained before prescribed activities are carried out and for the purpose of determining whether authorization holders continue to meet the requirements for authorization. Part VIII spells out the powers and duties of inspectors and the duties of those being inspected. A confidentiality provision is included in order to set out the rules for disclosure of information obtained in the course of an inspection.

Certain provisions of Part VIII are retained but broadened to deal with the new authorization scheme, namely the provision dealing with the Authority's power to establish and collect fees; the provision dealing with the Authority's right to delegate its powers; the provision protecting employees, agents and appointees of the Authority from liability; and the offence provision.

A provision is added to ensure that Part VIII and the regulations made under it prevail over any municipal by-law. Regulation-making powers necessary for the authorization scheme to work are added.

Land Titles Act

The Bill expands the purposes for which the Director of Titles may appoint Ontario land surveyors as representatives. Specifically, the Director may appoint a representative for the purpose of making an order under section 110 of the Condominium Act, 1998 to amend a condominium declaration or description to correct an error or inconsistency that is apparent on the face of the document.

Land that is required to be registered under the Act must have an absolute title if it is land shown on a plan of subdivision or condominium land.

Licence Appeal Tribunal Act, 1999

The Bill amends the Licence Appeal Tribunal Act, 1999 to reflect changes made by the Consumer Protection Statute Law Amendment Act, 2002.

Limited Partnerships Act

An unproclaimed section permitting a document to be filed by fax is repealed. A power is added to make a regulation prescribing alternative methods of filing and governing the filing by each method.

Motor Vehicle Dealers Act, 2002

The Bill replaces the concept of associated shareholders in the Motor Vehicle Dealers Act, 2002 with the concept of associated persons. The Bill also amends the Act to distinguish the concepts of a requirement for registration and a condition attached to a registration.

The Act is amended to require the registrar to refuse to grant or renew a registration if the applicant does not meet specific requirements to be prescribed by regulation. The applicant is not entitled to a hearing by the Tribunal in this situation. There are also grounds, set out in section 6 of the Act, on which the registrar may, but is not required to, refuse to grant or renew a registration. If the registrar proposes to refuse to grant or renew a registration on any of the grounds in section 6, the applicant is entitled to a hearing by the Tribunal. One of the grounds for refusal in section 6 is that the applicant is carrying on activities that are in contravention of the Act or the regulations. The Bill changes this ground by excluding contraventions of the code of ethics, because contraventions of the code of ethics are dealt with by the discipline committee. However, if contraventions of the code of ethics form the basis of another ground (for example, if they show that the applicant will not carry on business with integrity and honesty) the registrar may refuse to grant the registration or renewal on that other ground. Section 6 of the Act is also amended by adding a new ground for refusal by the registrar, namely failure by the applicant to comply with a request by the registrar for information, or verification of information, that is relevant to the decision to be made by the registrar.

Section 17 of the Act is amended to require that the members of the discipline committee and the members of the appeals committee be appointed by the board of the administrative authority or, if there is no designated administrative authority, by the Minister, in accordance with requirements prescribed by regulation for the composition of each committee.

The Bill amends the search provisions of the Act and adds a provision which allows things to be seized without a warrant in limited circumstances.

The Bill amends the Act by adding a provision which permits the director to freeze the assets or money of a non-registrant who is conducting a business for which registration is required.

The reference in section 25 of the Act to the Province of Ontario Savings Office is removed and section 25 is restructured to make it clearer.

If the registrar makes an order against a registrant under subsection 29 (1) of the Act in respect of a false, misleading or deceptive statement in an advertisement, circular, pamphlet or other published material, and the registrant does not appeal the order or the order is upheld by the Tribunal, subsection 29 (4) of the Act requires the registrant, upon the request of the registrar, to submit all statements in any advertisement, circular, pamphlet or other material to the registrar for approval before publication. Subsection 29 (4) is amended so that the period for which the registrant must submit the statements for approval may be determined by the registrar, but shall not exceed or fall outside the period, if any, prescribed by regulation.

The Bill replaces the confidentiality provision in the Act.

Clause 43 (1) (a) of the Act allows the Minister to make regulations establishing a code of ethics and clause 43 (1) (c) of the Act allows the Minister to make regulations respecting any matter that is delegated by the Lieutenant Governor in Council to the Minister. Section 43 is amended to allow a regulation made under a delegated power to be made as part of the code of ethics.

Subsections 43 (2) and (4) of the Act are amended to require that any delegation by the Minister of a regulation-making power to the board of the administrative authority, and any revocation by the Minister of such a delegation, be done by regulation. Paragraph 40 of subsection 44 (1) of the Act already requires that any delegation by the Lieutenant Governor in Council of a regulation-making power to the Minister be done by regulation, but subsection 44 (3) of the Act is amended to require that any revocation by the Lieutenant Governor in Council of such a delegation also be done by regulation.

The Bill adds some regulation-making powers to the Act and expands some of the existing regulation-making powers in the Act.

Paperback and Periodical Distributors Act

Real Estate and Business Brokers Act, 2002

The Bill replaces the concept of associated shareholders in the Real Estate and Business Brokers Act, 2002 with the concept of associated persons. The Bill also amends the Act to distinguish the concepts of a requirement for registration and a condition attached to a registration.

The Act is amended to require the registrar to refuse to grant or renew a registration if the applicant does not meet specific requirements to be prescribed by regulation. The applicant is not entitled to a hearing by the Tribunal in this situation. There are also grounds, set out in section 10 of the Act, on which the registrar may, but is not required to, refuse to grant or renew a registration. If the registrar proposes to refuse to grant or renew a registration on any of the grounds in section 10, the applicant is entitled to a hearing by the Tribunal. One of the grounds for refusal in section 10 is that the applicant is carrying on activities that are in contravention of the Act or the regulations. The Bill changes this ground by excluding contraventions of the code of ethics, because contraventions of the code of ethics are dealt with by the discipline committee. However, if contraventions of the code of ethics form the basis of another ground (for example, if they show that the applicant will not carry on business with integrity and honesty), the registrar may refuse to grant the registration or renewal on that other ground. Section 10 of the Act is also amended by adding a new ground for refusal by the registrar, namely failure by the applicant to comply with a request by the registrar for information, or verification of information, that is relevant to the decision to be made by the registrar.

Section 21 of the Act is amended to require that the members of the discipline committee and the members of the appeals committee be appointed by the board of the administrative authority or, if there is no designated administrative authority, by the Minister, in accordance with requirements prescribed by regulation for the composition of each committee.

The Bill amends the search provisions of the Act and adds a provision which allows things to be seized without a warrant in limited circumstances.

The Bill amends the Act by adding a provision which permits the director to freeze the assets or money of a non-registrant who is conducting a business for which registration is required.

The reference in section 27 of the Act to the Province of Ontario Savings Office is removed and section 27 is restructured to make it clearer.

Section 32 of the Act prohibits a registrant from acquiring or disposing of an interest in real estate on his, her or its own behalf, unless the registrant first gives all of the parties to the agreement a notice stating that he, she or it is a brokerage, broker or salesperson. Section 32 also requires the notice to disclose additional matters: all facts within the registrant's knowledge that affect the value of the real estate to be acquired or disposed of as well as the particulars of any negotiation by the registrant for the future disposition of an interest in the real estate to be acquired. Section 32 is amended to require the notice to disclose these additional matters, regardless of whether the real estate to be acquired or disposed of by the registrant is listed with the brokerage.

If the registrar makes an order against a registrant under subsection 38 (1) of the Act in respect of a false, misleading or deceptive statement in an advertisement, circular, pamphlet or other published material, and the registrant does not appeal the order or the order is upheld by the Tribunal, subsection 38 (4) of the Act requires the registrant, upon the request of the registrar, to submit all statements in any advertisement, circular, pamphlet or other material to the registrar for approval before publication. Subsection 38 (4) is amended so that the period for which the registrant must submit the statements for approval may be determined by the registrar, but shall not exceed or fall outside the period, if any, prescribed by regulation.

The Bill replaces the confidentiality provision in the Act.

Clause 50 (1) (a) of the Act allows the Minister to make regulations establishing a code of ethics and clause 50 (1) (c) of the Act allows the Minister to make regulations respecting any matter that is delegated by the Lieutenant Governor in Council to the Minister. Section 50 is amended to allow a regulation made under a delegated power to be made as part of the code of ethics.

Subsections 50 (2) and (4) of the Act are amended to require that any delegation by the Minister of a regulation-making power to the board of the administrative authority, and any revocation by the Minister of such a delegation, be done by regulation. Paragraph 25 of subsection 51 (1) of the Act already requires that any delegation by the Lieutenant Governor in Council of a regulation-making power to the Minister be done by regulation, but subsection 51 (3) of the Act is amended to require that any revocation by the Lieutenant Governor in Council of such a delegation also be done by regulation.

The Bill adds some regulation-making powers to the Act and expands some of the existing regulation-making powers in the Act.

Repair and Storage Liens Act

If a repairer or storer is required to comply with certain sections of the Consumer Protection Act, 2002 with respect to complying with requirements, such as giving a consumer an estimate for repairs, no repairer's lien or storer's lien arises if the repairer or storer has not complied with those requirements. The amount of the lien cannot exceed the amount authorized by that Act.

Safety and Consumer Statutes Administration Act, 1996

The Bill amends the Safety and Consumer Statutes Administration Act, 1996 to reflect changes made by the Consumer Protection Statute Law Amendment Act, 2002.

Theatres Act

The Bill adds a confidentiality provision to the Act. It also adds powers to make the following regulations:

1. Regulations that require the Director to maintain a public record of certain documents and information and to publish certain documents and information.

2. Regulations that authorize the Director to conduct quality assurance programs and to use information collected under the Act for the purpose of those programs.

3. Regulations to authorize the Ontario Film Review Board to adopt, as classifications of films, classifications made by bodies other than the Board, subject to the changes that the Board considers appropriate.

4. Regulations specifying circumstances in which a film or class of film is or ceases to be exempt from any provision of the Act or the regulations made under it.

The Director can determine on reasonable grounds whether a film or class of film meets the circumstances specified in the regulations made under the Act for being or ceasing to be exempt from any provision of the Act or the regulations. The Director's determination is final.

Travel Industry Act, 2002

The Bill replaces the concept of associated shareholders in the Travel Industry Act, 2002 with the concept of associated persons. The Bill also amends the Act to distinguish the concepts of a requirement for registration and a condition attached to a registration.

Subsection 4 (2) of the Act, which permits a non-registered person who is exempt from registration by regulation to act as a travel agent or travel wholesaler in accordance with conditions prescribed in the regulations, is repealed because paragraph 1 of subsection 43 (1) of the Act, which authorizes the making of regulations exempting persons from any provision of this Act or the regulations and attaching conditions to the exemption, achieves the same purpose.

The Act is amended to require the registrar to refuse to grant or renew a registration if the applicant does not meet specific requirements to be prescribed by regulation. The applicant is not entitled to a hearing by the Tribunal in this situation. There are also grounds, set out in section 8 of the Act, on which the registrar may, but is not required to, refuse to grant or renew a registration. If the registrar proposes to refuse to grant or renew a registration on any of the grounds in section 8, the applicant is entitled to a hearing by the Tribunal. One of the grounds for refusal in section 8 is that the applicant is carrying on activities that are in contravention of the Act or the regulations. The Bill changes this ground by excluding contraventions of the code of ethics, because contraventions of the code of ethics are dealt with by the discipline committee. However, if contraventions of the code of ethics form the basis of another ground (for example, if they show that the applicant will not carry on business with integrity and honesty), the registrar may refuse to grant the registration or renewal on that other ground. Section 8 of the Act is also amended by adding a new ground for refusal by the registrar, namely failure by the applicant to comply with a request by the registrar for information, or verification of information, that is relevant to the decision to be made by the registrar.

Section 18 of the Act is amended to require that the members of the discipline committee and the members of the appeals committee be appointed by the board of the administrative authority or, if there is no designated administrative authority, by the Minister, in accordance with requirements prescribed by regulation for the composition of each committee.

The Bill amends the search provisions of the Act and adds a provision which allows things to be seized without a warrant in limited circumstances.

The Bill amends the Act by adding a provision which permits the director to freeze the assets or money of a non-registrant who is conducting a business for which registration is required.

If a person is entitled to the repayment of any money paid for a travel service, subsection 25 (1) of the Act makes a travel agent or travel wholesaler who received any part of the money liable for its repayment jointly and severally with any other person who is liable for its repayment, to the extent of the amount received. Subsection 25 (2) of the Act provides an exception to this joint and several liability if certain conditions are met. Subsection 25 (2) is amended to remove the condition that the person who is entitled to the repayment of money must be entitled to be reimbursed from the Fund. In addition, subsection 25 (2) is restructured to make it clearer.

The Bill replaces the confidentiality provision in the Act.

Clause 42 (1) (a) of the Act allows the Minister to make regulations establishing a code of ethics and clause 42 (1) (c) of the Act allows the Minister to make regulations respecting any matter that is delegated by the Lieutenant Governor in Council to the Minister. Section 42 is amended to allow a regulation made under a delegated power to be made as part of the code of ethics.

Subsections 42 (2) and (4) of the Act are amended to require that any delegation by the Minister of a regulation-making power to the board of the administrative authority, and any revocation by the Minister of such a delegation, be done by regulation. Paragraph 41 of subsection 43 (1) of the Act already requires that any delegation by the Lieutenant Governor in Council of a regulation-making power to the Minister be done by regulation, but subsection 43 (3) of the Act is amended to require that any revocation by the Lieutenant Governor in Council of such a delegation also be done by regulation.

The Bill adds some regulation-making powers to the Act and expands some of the existing regulation-making powers in the Act.

[38] Bill 70 Original (PDF)