Bill 69 2007

An Act to allow for information sharing about regulated organizations to improve efficiency in the administration and enforcement of regulatory legislation and to make consequential amendments to other Acts

Note: This Act amends or repeals more than one Act.  For the legislative history of these Acts, see Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca

CONTENTS

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

Part I
interpretation and application

Interpretation

   1.  (1)  In this Act,

"designated legislation" means legislation that is designated for the purposes of section 7, 10 or 14, as the context requires; ("texte législatif désigné")

"information" includes personal information; ("renseignements")

"legislation" means an Act or a regulation; ("texte législatif")

"personal information" means personal information within the meaning of the Freedom of Information and Protection of Privacy Act; ("renseignements personnels")

"prescribed" means prescribed in the regulations. ("prescrit")

Meaning of "organization"

   (2)  In this Act, a reference to an "organization" means an entity to which designated legislation applies and in respect of which some or all of the types of information set out in section 4 are collected under the authority of or for the purposes of the designated legislation.

Some individuals are "organizations"

   (3)  An individual shall be considered to be an entity for the purposes of subsection (2) only if,

  (a)  the individual is a sole proprietor and the designated legislation applies to him or her in that capacity; or

  (b)  the individual is a partner in a partnership and the designated legislation applies to him or her in that capacity.

Meaning of "Minister responsible"

   (4)  In this Act, a reference to a "Minister responsible" for an Act or for a regulation means,

  (a)  in the case of an Act or part of an Act, the Minister responsible for the administration of the Act or part of the Act, as the case may be;

  (b)  in the case of a regulation, the Minister responsible for the administration of the provision of the Act under which the regulation is made.

Scope of Act

   2.  Nothing in this Act shall be interpreted to,

  (a)  limit the collection, use or disclosure of information if the collection, use or disclosure is authorized or required by law;

  (b)  authorize or require the collection, use or disclosure of information if the collection, use or disclosure is prohibited by law;

   (c)  limit or interfere with any power or duty that a person may have, including but not limited to, the power or duty of a head of an institution, within the meaning of the Freedom of Information and Protection of Privacy Act, to refuse to disclose information in accordance with that Act.

Crown bound

   3.  This Act binds the Crown.

Types of Information and Purposes for which it may be Collected, etc.

Types of information

   4.  The following types of information may be collected, used and disclosed in accordance with an authorization made under section 7 or 14:

    1.  The legal name of an organization.

    2.  The name under which an organization operates, if it is not the legal name.

    3.  The address, telephone number, fax number and e-mail address of a facility, principal place, head office or other place where the organization operates.

    4.  Any identifying number, symbol or other identifier assigned to an organization under designated legislation.

    5.  Statistical information about an organization and the sector or industry in which the organization operates.

    6.  With respect to a licence, permit, certificate or other similar approval that an organization may or is required to obtain under designated legislation, information about its issuance or renewal, a refusal to issue or renew it or its suspension, revocation or cancellation.

    7.  Information about complaints filed in respect of an organization where the complaint is regarding conduct that may be in contravention of designated legislation.

    8.  Information compiled in connection with an examination, test, audit, inspection, investigation or other inquiry with respect to an organization under designated legislation, including but not limited to, information regarding forms, notes or reports generated by the inquiry.

    9.  Information related to an organization's compliance with designated legislation, including but not limited to, information about convictions and penalties imposed on conviction and information regarding orders or notices issued under the designated legislation.

  10.  With respect to an organization, any other type of information that is prescribed.

  11.  With respect to an owner, officer or director of an organization,

            i.  his or her name, home address and home telephone number, and

           ii.  the types of information described in paragraphs 8 and 9 where they pertain to the owner, officer or director in that capacity.

Purposes

   5.  The following are purposes for which information may be collected, used and disclosed in accordance with an authorization made under section 7 or 14:

    1.  To conduct statistical and risk analysis.

    2.  To update or verify the accuracy of records.

    3.  To assist with determinations regarding an organization's entitlement or eligibility for a licence, permit, certificate or other approval under designated legislation.

    4.  To assist in the planning and conduct of an examination, test, audit, inspection or other inquiry under designated legislation.

    5.  To assist with an appeal, review or other similar administrative proceeding under designated legislation.

    6.  To assist with a sentencing proceeding.

    7.  To compile information about an organization's compliance with designated legislation.

    8.  To make the following available to the public:

            i.  the types of information described in paragraphs 5 to 10 of section 4, and

           ii.  information about convictions and penalties imposed on conviction in the case of an individual who is not an organization.

    9.  Any other prescribed purpose related to the administration and enforcement of designated legislation.

Part II
information sharing

Authorizations to Collect, Use and Disclose Information

Designating legislation – information sharing

   6.  (1)  The Lieutenant Governor in Council may make regulations designating legislation for the purposes of section 7.

Same

   (2)  A regulation made under this section may,

  (a)  designate an Act or regulation in whole or in part;

  (b)  specify that a designation is limited and only applies for such purposes as are set out in the regulation.

Regulations designated by default

   (3)  Where all or part of an Act is designated under this section, all regulations made under that Act are also designated, unless the regulations designating that Act provide otherwise.

Authorization to collect and use information

   7.  (1)  A Minister responsible for an Act or regulation designated for the purposes of this section may authorize any person or class of persons to collect and use information that was originally collected under the authority of or for the purposes of any other legislation designated for the purposes of this section.

Authorization to disclose information

   (2)  A Minister responsible for an Act or regulation designated for the purposes of this section may authorize any person or class of persons to disclose information that was originally collected under the authority of or for the purposes of that Act or regulation.

Limitation on collection, etc.

   (3)  No person shall,

  (a)  in exercising an authorization under subsection (1), collect information other than from a person who is authorized to disclose that information under subsection (2); and

  (b)  in exercising an authorization under subsection (2), disclose information other than to a person who is authorized to collect that information under subsection (1).

Requirements for authorizations

   (4)  An authorization under this section shall,

  (a)  be in writing;

  (b)  specify the type or types of information, from those described in section 4, for which it applies;

   (c)  specify the purpose or purposes, from those described in section 5, for which it applies; and

  (d)  specify the time period for which it is valid.

Minister's powers

   (5)  A Minister may, on issuing an authorization under this section, or at any other time, attach such conditions to the authorization as he or she considers appropriate.

Same

   (6)  A Minister may delegate any of his or her powers under this section.

Authorizations re existing information

   (7)  For greater certainty, an authorization under this section may be made in respect of information that was originally collected under the authority of or for the purposes of legislation designated for the purposes of this section,

  (a)  before the day on which the legislation was so designated;

  (b)  before the day on which this Act came into force.

FIPPA

   8.  Any disclosure of personal information that is authorized under section 7 shall be deemed to be in compliance with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act.

Observations Made While Exercising Functions under Legislation

Observing and disclosing

   9.  (1)  A person who is lawfully present in a place in the exercise of powers or performance of duties under an Act or regulation and who makes an observation, visual or otherwise, that is likely to be relevant to the administration or enforcement of another Act or regulation may record the observation and disclose it to a person who administers or enforces the other Act or regulation.

FIPPA

   (2)  For the purposes of clauses 41 (1) (b) and 42 (1) (c) of the Freedom of Information and Protection and Privacy Act, any personal information recorded under subsection (1) shall be deemed to have been collected for the purpose of the other Act or regulation.

Publication of Specified Information

Designating legislation – publication

   10.  (1)  The Lieutenant Governor in Council may make regulations designating legislation for the purposes of this section.

Same

   (2)  A regulation made under this section may,

  (a)  designate an Act or regulation in whole or in part;

  (b)  specify that a designation is limited and only applies for such purposes as are set out in the regulation.

Regulations designated by default

   (3)  Where all or part of an Act is designated under this section, all regulations made under that Act are also designated, unless the regulations designating that Act provide otherwise.

Publication of information

   (4)  The Minister responsible for legislation designated under this section may publish or otherwise make available to the public the following information:

    1.  Statistical information about an organization and the sector or industry in which the organization operates.

    2.  With respect to a licence, permit, certificate or other similar approval that an organization may or is required to obtain under the designated legislation, information about its issuance or renewal, a refusal to issue or renew it or its suspension, revocation or cancellation.

    3.  Information about complaints filed in respect of an organization where the complaint is regarding conduct that may be in contravention of the designated legislation.

    4.  Information compiled in connection with an examination, test, audit, inspection, investigation or other inquiry with respect to an organization under the designated legislation, including but not limited to, information regarding forms, notes or reports generated by the inquiry.

    5.  Information related to an organization's compliance with the designated legislation, including but not limited to, information about convictions and penalties imposed on conviction and information regarding orders or notices issued under the designated legislation.

    6.  Information about convictions and penalties imposed on conviction under the designated legislation, in the case of an individual who is not an organization.

Minister may delegate

   (5)  A Minister may delegate any of his or her powers under this section.

Clarification of authority

   (6)  For greater certainty, authority to publish under this section includes authority to,

  (a)  publish on the Internet;

  (b)  publish information that was originally collected under legislation before the day on which the legislation was designated for the purposes of this section;

   (c)  publish information that was originally collected before the day this Act came into force or relates to circumstances that occurred before that day.

FIPPA

   11.  Any disclosure of personal information that is authorized under section 10 shall be deemed to be in compliance with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act.

Legislation no Longer in Force

Designating repealed legislation

   12.  (1)  The Lieutenant Governor in Council may make regulations designating a repealed Act or a revoked regulation for the purposes of section 7 or section 10.

Same

   (2)  A regulation made under this section may,

  (a)  designate a repealed Act or revoked regulation in whole or in part;

  (b)  specify that a designation is limited and only applies for such purposes as are set out in the regulation.

Regulations designated by default

   (3)  Where all or part of a repealed Act is designated under this section, all regulations made under that repealed Act are also designated, unless the regulations designating that repealed Act provide otherwise.

Other provisions apply

   (4)  Sections 7 and 8 apply with necessary modifications with respect to a repealed Act or revoked regulation designated for the purposes of section 7.

Same

   (5)  Subsections 10 (4) to (6) and section 11 apply with necessary modifications with respect to a repealed Act or revoked regulation designated for the purposes of section 10.

Minister responsible

   (6)  The Lieutenant Governor in Council shall, in making regulations under this section, specify which Minister shall be the "Minister responsible" for the purposes of,

  (a)  exercising the powers set out in subsection 7 (2), with respect to a repealed Act or revoked regulation designated for the purposes of section 7;

  (b)  publishing information under subsection 10 (4), with respect to a repealed Act or revoked regulation designated for the purposes of section 10.

Part III
Authorizations to Exercise Functions under Multiple Acts or regulations

Designating legislation – multiple authorizations

   13.  (1)  The Lieutenant Governor in Council may make regulations designating legislation for the purposes of section 14.

Same

   (2)  A regulation made under this section may,

  (a)  designate an Act or regulation in whole or in part;

  (b)  specify that a designation is limited and only applies for such purposes as are set out in the regulation.

Multiple authorizations – one Minister

   14.  (1)  A Minister responsible for two or more Acts or regulations designated for the purposes of this section may authorize any person or class of persons to exercise any power or perform any duty that someone could be authorized to exercise or perform under each of those Acts or regulations.

Multiple authorizations – two or more Ministers

   (2)  Two or more Ministers who are the Ministers responsible for two or more Acts or regulations designated for the purposes of this section may authorize any person or class of persons to exercise any power or perform any duty that someone could be authorized to exercise or perform under each of those Acts or regulations.

Limitation on collection, etc.

   (3)  No person who is authorized under this section shall, in exercising a power or performing a duty, collect, use or disclose information other than,

  (a)  information of a type described in section 4; and

  (b)  for a purpose described in section 5.

Requirements for authorizations

   (4)  An authorization under this section shall,

  (a)  be in writing;

  (b)  specify, with respect to each designated Act or regulation, the powers or duties for which the authorization applies;

   (c)  specify the type or types of information, from those described in section 4, in respect of which a collection, use or disclosure under the authorization may occur;

  (d)  specify the purpose or purposes, from those described in section 5, for which a collection, use or disclosure under the authorization may occur; and

  (e)  specify the time period for which it is valid.

Same

   (5)  In the case of an authorization by multiple Ministers under subsection (2), the requirements set out in subsection (4) must be satisfied by every participating Minister with respect to every relevant Act or regulation for which he or she is the Minister responsible.

Minister's powers

   (6)  A Minister may, on issuing an authorization under this section, or at any other time, attach such conditions to the authorization as he or she considers appropriate.

FIPPA

   (7)  For the purposes of clauses 41 (1) (b) and 42 (1) (c) of the Freedom of Information and Protection and Privacy Act, any personal information collected by a person authorized under this section shall be deemed to have been collected for the purpose of the administration or enforcement of each Act in respect of which the person has been authorized.

PART IV
General

Sentencing Considerations

Previous conviction

   15.  (1)  This section applies when a person who is convicted of an offence has previously been convicted of an offence under the same or another Act.

Same

   (2)  The previous conviction may have occurred at any time, including before the day this Act came into force.

Severity of penalty

   (3)  Where the prosecutor is of the opinion that the previous conviction is relevant to the determination of the appropriate penalty for the current conviction, he or she may request that the court consider the previous conviction to be an aggravating factor.

Response of court

   (4)  Where a court receives a request under subsection (3), the court shall, on imposing the penalty,

  (a)  indicate whether it is imposing a more severe penalty having regard to the previous conviction; and

  (b)  if the court decides that the previous conviction does not justify a more severe penalty, give reasons for that decision.

Other factors still relevant

   (5)  Nothing in this section shall be interpreted as limiting any factor, submission or inquiry as to penalty the court is otherwise permitted or required to take into account or make, as the case may be.

Liability, Compellability in Civil Proceedings

Protection from personal liability

   16.  (1)  No action or other proceeding for damages shall be commenced against any person acting under this Act for any act done in good faith in the exercise or intended exercise of any power or in the performance or intended performance of any duty under this Act or any alleged neglect or default in the execution or performance in good faith of such power or duty.

Crown remains liable

   (2)  Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by a servant or agent of the Crown to which the Crown would otherwise be subject.

Other entities remain liable

   (3)  Subsection (1) does not relieve an entity that is responsible under an Act for administering or enforcing all or part of the Act or its regulations of liability in respect of a tort committed by a person to which the entity would otherwise be subject.

Compellability, civil proceeding

   17.  A person acting under this Act is not a compellable witness in a civil proceeding before a court or tribunal respecting any information collected, used or disclosed under this Act.

Production, civil proceeding

   18.  A person acting under this Act is not required to produce, in a civil proceeding before a court or tribunal, information collected, used or disclosed under this Act.

Regulations

Regulations

   19.  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing types of information mentioned in paragraph 10 of section 4;

  (b)  specifying owners of organizations about whom information shall not be collected, used or disclosed under this Act despite paragraph 11 of section 4;

   (c)  prescribing purposes mentioned in paragraph 9 of section 5.

PART V
Consequential Amendments

Athletics Control Act

   20.  On the later of the day subsection 1 (1) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is proclaimed in force and the day this section comes into force, subsection 12.2 (1) of the Athletics Control Act is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Bailiffs Act

   21.  (1)  This section applies only if subsection 2 (23) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is not proclaimed in force before the day this Act comes into force.

   (2)  Section 17 of the Bailiffs Act is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Bailiffs Act

   22.  On the later of the day subsection 2 (23) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is proclaimed in force and the day this Act comes into force, subsection 17 (1) of the Bailiffs Act is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Cemeteries Act (Revised)

   23.  On the later of the day subsection 5 (1) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is proclaimed in force and the day this section comes into force, subsection 67.1 (1) of the Cemeteries Act (Revised) is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Collection Agencies Act

   24.  (1)  This section applies only if subsection 6 (1) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is not proclaimed in force before the day this Act comes into force.

   (2)  Subsection 17 (1) of the Collection Agencies Act is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007; or

Collection Agencies Act

   25.  On the later of the day subsection 6 (1) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is proclaimed in force and the day this Act comes into force, subsection 17 (1) of the Collection Agencies Act, as re-enacted by the Statutes of Ontario, 2004, chapter 19, subsection 6 (1), is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Consumer Protection Act, 2002

   26.  Subsection 120 (1) of the Consumer Protection Act, 2002 is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Consumer Reporting Act

   27.  (1)  This section applies only if subsection 9 (2) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is not proclaimed in force before the day this Act comes into force.

   (2)  Subsection 19 (1) of the Consumer Reporting Act is amended by striking out "or" at the end of clause (b) and by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007; or

Consumer Reporting Act

   28.  On the later of the day subsection 9 (2) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is proclaimed in force and the day this Act comes into force, subsection 19 (1) of the Consumer Reporting Act, as re-enacted by the Statutes of Ontario, 2004, chapter 19, subsection 9 (2), is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Electricity Act, 1998

   29.  Subsection 113.15 (2) of the Electricity Act, 1998 is repealed and the following substituted:

Disclosure prohibited

   (2)  Subject to subsection (3), an inspector shall not disclose any document or information obtained in the course of an inspection except,

  (a)  for the purposes of carrying out his or her duties under this Act; or

  (b)  as authorized under the Regulatory Modernization Act, 2007.

Environmental Protection Act

   30.  (1)  Subsection 118 (1) of the Environmental Protection Act is amended by adding the following clause:

(a.1) as authorized under the Regulatory Modernization Act, 2007;

   (2)  Subsection 168 (1) of the Act is amended by adding the following clause:

(a.1) as authorized under the Regulatory Modernization Act, 2007;

Food Safety and Quality Act, 2001

   31.  Section 40 of the Food Safety and Quality Act, 2001 is amended by adding the following subsection:

Disclosure under the Regulatory Modernization Act, 2007

   (4)  A person who receives information in response to an inquiry under subsection 39 (1) may disclose the information in accordance with an authorization under the Regulatory Modernization Act, 2007.

Funeral Directors and Establishments Act

   32.  Subsection 48 (1) of the Funeral Directors and Establishments Act is amended by adding the following clause:

(a.1) as authorized under the Regulatory Modernization Act, 2007;

Funeral, Burial and Cremation Services Act, 2002

   33.  On the later of the day subsection 106 (1) of the Funeral, Burial and Cremation Services Act, 2002 is proclaimed in force and the day this Act comes into force, subsection 106 (1) of the Funeral, Burial and Cremation Services Act, 2002 is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Motor Vehicle Dealers Act

   34.  Subsection 14 (1) of the Motor Vehicle Dealers Act is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007; or

Motor Vehicle Dealers Act, 2002

   35.  (1)  This section applies only if subsection 16 (23) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is not proclaimed in force before the day this Act comes into force.

   (2)  Subsection 36 (1) of the Motor Vehicle Dealers Act, 2002 is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Motor Vehicle Dealers Act, 2002

   36.  On the later of the day subsection 16 (23) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is proclaimed in force and the day this Act comes into force, subsection 36 (1) of the Motor Vehicle Dealers Act, 2002, as re-enacted by the Statutes of Ontario, 2004, chapter 19, subsection 16 (23), is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Nutrient Management Act, 2002

   37.  Subsection 28 (1) of the Nutrient Management Act, 2002 is amended by adding the following clause:

(a.1) as authorized under the Regulatory Modernization Act, 2007;

Oil, Gas and Salt Resources Act

   38.  Subsection 5 (1) of the Oil, Gas and Salt Resources Act is repealed and the following substituted:

Information confidential

   (1)  An inspector shall not publish, disclose or communicate to any person any information, record, report or statement acquired, furnished, obtained, made or received under the powers conferred under this Act and the regulations except,

  (a)  for the purposes of carrying out his or her duties under this Act and the regulations; or

  (b)  as authorized under the Regulatory Modernization Act, 2007.

Public Vehicles Act

   39.  Section 30 of the Public Vehicles Act is amended by adding the following clause:

(a.1) as authorized under the Regulatory Modernization Act, 2007;

Real Estate and Business Brokers Act, 2002

   40.  (1)  This section applies only if subsection 18 (25) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is not proclaimed in force before the day this Act comes into force.

   (2)  Subsection 44 (1) of the Real Estate and Business Brokers Act, 2002 is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Real Estate and Business Brokers Act, 2002

   41.  On the later of the day subsection 18 (25) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is proclaimed in force and the day this Act comes into force, subsection 44 (1) of the Real Estate and Business Brokers Act, 2002, as re-enacted by the Statutes of Ontario, 2004, chapter 19, subsection 18 (25), is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Technical Standards and Safety Act, 2000

   42.  Subsection 24 (1) of the Technical Standards and Safety Act, 2000 is repealed and the following substituted:

Information confidential

   (1)  An inspector shall not disclose to any person any information, record, report or statement obtained under the powers conferred under this Act and the regulations except,

  (a)  for the purposes of carrying out his or her duties under this Act and the regulations; or

  (b)  as authorized under the Regulatory Modernization Act, 2007.

Travel Industry Act, 2002

   43.  Subsection 35 (1) of the Travel Industry Act, 2002 is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Waste Diversion Act, 2002

   44.  Subsection 40 (1) of the Waste Diversion Act, 2002 is amended by adding the following clause:

(a.1) as authorized under the Regulatory Modernization Act, 2007;

PART VI
commencement and short title

Commencement

   45.  (1)  This section and section 46 come into force on the day this Act receives Royal Assent.

Same

   (2)  Sections 1 to 44 come into force eight months after the day this Act receives Royal Assent.

Short title

   46.  The short title of this Act is the Regulatory Modernization Act, 2007.

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 69 and does not form part of the law.  Bill 69 has been enacted as Chapter 4 of the Statutes of Ontario, 2007.

The Bill enacts a new Act entitled the Regulatory Modernization Act, 2007. The broad purpose of the Act is to increase compliance in regulated sectors by, among other things, empowering Ministers to authorize the collection, use and disclosure of certain information and empowering Ministers to authorize the same person or class of persons to exercise functions under multiple Acts.

Section 4 sets out the types of information that may be collected, used and disclosed under the Act. Generally, the information relates to organizations and their activities under legislation and ranges from the identification of an organization (such as its name, telephone number and head office) to information about the activities of the organization under legislation (such as whether it has ever had a licence suspended, a complaint lodged against it or a conviction entered against it).

Section 5 sets out the purposes for which information may be collected, used and disclosed under the Act. These purposes relate generally to efficiency in the regulatory context and range from verifying the accuracy of records to making available information that would assist in determining whether an organization may be entitled to an approval.

Part II of the Act relates to sharing of information that was originally collected under the authority of legislation designated by the Lieutenant Governor in Council. A Minister responsible for a designated Act or regulation may authorize the collection and use of information originally collected under any other designated legislation and may authorize the disclosure of information originally collected under designated legislation for which he or she is responsible.

Section 9 authorizes a person who, in the course of exercising functions under one Act or regulation observes something that may be relevant to another Act or regulation, to share that information with someone who administers or enforces the other legislation to which the observation may be relevant.

Under section 10, a Minister responsible for legislation designated by the Lieutenant Governor in Council may publish some of the types of information set out in section 4 that are relevant to the legislation.

The Lieutenant Governor in Council is authorized under section 12 to designate repealed legislation for the purposes of authorizations to collect, use and disclose information under section 7 and for the publication of information under section 10.

Part III of the Act provides for authorizations that would enable a person to exercise functions under multiple Acts or regulations. The Lieutenant Governor in Council may designate legislation for that purpose and the Minister or Ministers responsible for legislation so designated may then issue authorizations that allow for the same person or class of persons to exercise functions under those various Acts or regulations.

Part IV of the Act provides for various general matters. Section 15 relates to sentencing a person on conviction of an offence if that person has been previously convicted of an offence. The prosecutor in such a case may request that the court treat the previous conviction as an aggravating factor when determining the appropriate penalty for the subsequent conviction.

Part V makes a series of consequential amendments to other Acts to specify that information sharing can occur under those Acts for the purposes of this Act.

Bill 69 2007

An Act to allow for information sharing about regulated organizations to improve efficiency in the administration and enforcement of regulatory legislation and to make consequential amendments to other Acts

Note: This Act amends or repeals more than one Act.  For the legislative history of these Acts, see Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca

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

Part I
interpretation and application

Interpretation

   1.  (1)  In this Act,

"designated legislation" means legislation that is designated for the purposes of section 7, 10 or 13, as the context requires; ("texte législatif désigné")

"information" includes personal information; ("renseignements")

"legislation" means an Act or a regulation; ("texte législatif")

"personal information" means personal information within the meaning of the Freedom of Information and Protection of Privacy Act; ("renseignements personnels")

"prescribed" means prescribed in the regulations. ("prescrit")

Meaning of "organization"

   (2)  In this Act, a reference to an "organization" means an entity to which designated legislation applies and in respect of which some or all of the types of information set out in section 4 are collected under the authority of or for the purposes of the designated legislation.

Some individuals are "organizations"

   (3)  An individual shall be considered to be an entity for the purposes of subsection (2) only if,

  (a)  the individual is a sole proprietor and the designated legislation applies to him or her in that capacity; or

  (b)  the individual is a partner in a partnership and the designated legislation applies to him or her in that capacity.

Meaning of "Minister responsible"

   (4)  In this Act, a reference to a "Minister responsible" for an Act or for a regulation means,

  (a)  in the case of an Act or part of an Act, the Minister responsible for the administration of the Act or part of the Act, as the case may be;

  (b)  in the case of a regulation, the Minister responsible for the administration of the provision of the Act under which the regulation is made.

Scope of Act

   2.  Nothing in this Act shall be interpreted to,

  (a)  limit the collection, use or disclosure of information if the collection, use or disclosure is authorized or required by law;

  (b)  authorize or require the collection, use or disclosure of information if the collection, use or disclosure is prohibited by law;

   (c)  limit or interfere with any power or duty that a person may have, including but not limited to, the power or duty of a head of an institution, within the meaning of the Freedom of Information and Protection of Privacy Act, to refuse to disclose information in accordance with that Act.

Crown bound

   3.  This Act binds the Crown.

Types of Information and Purposes for which it may be Collected, etc.

Types of information

   4.  The following types of information may be collected, used and disclosed in accordance with an authorization made under section 7 or 13:

    1.  The legal name of an organization.

    2.  The name under which an organization operates, if it is not the legal name.

    3.  The address, telephone number, fax number and e-mail address of a facility, principal place, head office or other place where the organization operates.

    4.  Any identifying number, symbol or other identifier assigned to an organization under designated legislation.

    5.  Statistical information about an organization and the sector or industry in which the organization operates.

    6.  With respect to a licence, permit, certificate or other similar approval that an organization may or is required to obtain under designated legislation, information about its issuance or renewal, a refusal to issue or renew it or its suspension, revocation or cancellation.

    7.  Information about complaints filed in respect of an organization where the complaint is regarding conduct that may be in contravention of designated legislation.

    8.  Information compiled in connection with an examination, test, audit, inspection, investigation or other inquiry with respect to an organization under designated legislation, including but not limited to, information regarding forms, notes or reports generated by the inquiry.

    9.  Information related to an organization's compliance with designated legislation, including but not limited to, information about convictions and penalties imposed on conviction and information regarding orders or notices issued under the designated legislation.

  10.  With respect to an organization, any other type of information that is prescribed.

  11.  With respect to an owner, officer or director of an organization,

            i.  his or her name, home address and home telephone number, and

           ii.  the types of information described in paragraphs 8 and 9 where they pertain to the owner, officer or director in that capacity.

Purposes

   5.  The following are purposes for which information may be collected, used and disclosed in accordance with an authorization made under section 7 or 13:

    1.  To conduct statistical and risk analysis.

    2.  To update or verify the accuracy of records.

    3.  To assist with determinations regarding an organization's entitlement or eligibility for a licence, permit, certificate or other approval under designated legislation.

    4.  To assist in the planning and conduct of an examination, test, audit, inspection or other inquiry under designated legislation.

    5.  To assist with an appeal, review or other similar administrative proceeding under designated legislation.

    6.  To assist with a sentencing proceeding.

    7.  To compile information about an organization's compliance with designated legislation.

    8.  To make the following available to the public:

            i.  the types of information described in paragraphs 5 to 10 of section 4, and

           ii.  information about convictions and penalties imposed on conviction in the case of an individual who is not an organization.

    9.  Any other prescribed purpose related to the administration and enforcement of designated legislation.

Part II
information sharing

Authorizations to Collect, Use and Disclose Information

Designating legislation – information sharing

   6.  (1)  The Lieutenant Governor in Council may make regulations designating legislation for the purposes of section 7.

Same

   (2)  A regulation made under this section may,

  (a)  designate an Act or regulation in whole or in part;

  (b)  specify that a designation is limited and only applies for such purposes as are set out in the regulation.

Regulations designated by default

   (3)  Where all or part of an Act is designated under this section, all regulations made under that Act are also designated, unless the regulations designating that Act provide otherwise.

Authorization to collect and use information

   7.  (1)  A Minister responsible for an Act or regulation designated for the purposes of this section may authorize any person or class of persons to collect and use information that was originally collected under the authority of or for the purposes of any other legislation designated for the purposes of this section.

Authorization to disclose information

   (2)  A Minister responsible for an Act or regulation designated for the purposes of this section may authorize any person or class of persons to disclose information that was originally collected under the authority of or for the purposes of that Act or regulation.

Limitation on collection, etc.

   (3)  No person shall,

  (a)  in exercising an authorization under subsection (1), collect information other than from a person who is authorized to disclose that information under subsection (2); and

  (b)  in exercising an authorization under subsection (2), disclose information other than to a person who is authorized to collect that information under subsection (1).

Requirements for authorizations

   (4)  An authorization under this section shall,

  (a)  be in writing;

  (b)  specify the type or types of information, from those described in section 4, for which it applies;

   (c)  specify the purpose or purposes, from those described in section 5, for which it applies; and

  (d)  specify the time period for which it is valid.

Minister's powers

   (5)  A Minister may, on issuing an authorization under this section, or at any other time, attach such conditions to the authorization as he or she considers appropriate.

Same

   (6)  A Minister may delegate any of his or her powers under this section.

Authorizations re existing information

   (7)  For greater certainty, an authorization under this section may be made in respect of information that was originally collected under the authority of or for the purposes of legislation designated for the purposes of this section,

  (a)  before the day on which the legislation was so designated;

  (b)  before the day on which this Act came into force.

FIPPA

   8.  Any disclosure of personal information that is authorized under section 7 shall be deemed to be in compliance with clause 42 (e) 42 (1) (e) of the Freedom of Information and Protection of Privacy Act.

Observations Made While Exercising Functions under Legislation

Observing and disclosing

   9.  (1)  A person who is lawfully present in a place in the exercise of powers or performance of duties under an Act or regulation and who makes an observation, visual or otherwise, that is likely to be relevant to the administration or enforcement of another Act or regulation may record the observation and disclose it to a person who administers or enforces the other Act or regulation.

FIPPA

   (2)  For the purposes of clauses 41 (b) and 42 (c) 41 (1) (b) and 42 (1) (c) of the Freedom of Information and Protection and Privacy Act, any personal information recorded under subsection (1) shall be deemed to have been collected for the purpose of the other Act or regulation.

Publication of Specified Information

Designating legislation – publication

   10.  (1)  The Lieutenant Governor in Council may make regulations designating legislation for the purposes of this section.

Same

   (2)  A regulation made under this section may,

  (a)  designate an Act or regulation in whole or in part;

  (b)  specify that a designation is limited and only applies for such purposes as are set out in the regulation.

Regulations designated by default

   (3)  Where all or part of an Act is designated under this section, all regulations made under that Act are also designated, unless the regulations designating that Act provide otherwise.

Publication of information

   (4)  The Minister responsible for legislation designated under this section may publish or otherwise make available to the public the following information:

    1.  Statistical information about an organization and the sector or industry in which the organization operates.

    2.  With respect to a licence, permit, certificate or other similar approval that an organization may or is required to obtain under the designated legislation, information about its issuance or renewal, a refusal to issue or renew it or its suspension, revocation or cancellation.

    3.  Information about complaints filed in respect of an organization where the complaint is regarding conduct that may be in contravention of the designated legislation.

    4.  Information compiled in connection with an examination, test, audit, inspection, investigation or other inquiry with respect to an organization under the designated legislation, including but not limited to, information regarding forms, notes or reports generated by the inquiry.

    5.  Information related to an organization's compliance with the designated legislation, including but not limited to, information about convictions and penalties imposed on conviction and information regarding orders or notices issued under the designated legislation.

    6.  Information about convictions and penalties imposed on conviction under the designated legislation, in the case of an individual who is not an organization.

Minister may delegate

   (5)  A Minister may delegate any of his or her powers under this section.

Clarification of authority

   (6)  For greater certainty, authority to publish under this section includes authority to,

  (a)  publish on the Internet;

  (b)  publish information that was originally collected under legislation before the day on which the legislation was designated for the purposes of this section;

   (c)  publish information that was originally collected before the day this Act came into force or relates to circumstances that occurred before that day.

FIPPA

   11.  Any disclosure of personal information that is authorized under section 10 shall be deemed to be in compliance with clause 42 (e) 42 (1) (e) of the Freedom of Information and Protection of Privacy Act.

Legislation no Longer in Force

Designating repealed legislation

   11.1  (1)  The Lieutenant Governor in Council may make regulations designating a repealed Act or a revoked regulation for the purposes of section 7 or section 10.

Same

   (2)  A regulation made under this section may,

  (a)  designate a repealed Act or revoked regulation in whole or in part;

  (b)  specify that a designation is limited and only applies for such purposes as are set out in the regulation.

Regulations designated by default

   (3)  Where all or part of a repealed Act is designated under this section, all regulations made under that repealed Act are also designated, unless the regulations designating that repealed Act provide otherwise.

Other provisions apply

   (4)  Sections 7 and 8 apply with necessary modifications with respect to a repealed Act or revoked regulation designated for the purposes of section 7.

Same

   (5)  Subsections 10 (4) to (6) and section 11 apply with necessary modifications with respect to a repealed Act or revoked regulation designated for the purposes of section 10.

Minister responsible

   (6)  The Lieutenant Governor in Council shall, in making regulations under this section, specify which Minister shall be the "Minister responsible" for the purposes of,

  (a)  exercising the powers set out in subsection 7 (2), with respect to a repealed Act or revoked regulation designated for the purposes of section 7;

  (b)  publishing information under subsection 10 (4), with respect to a repealed Act or revoked regulation designated for the purposes of section 10.

Part III
Authorizations to Exercise Functions under Multiple Acts or regulations

Designating legislation – multiple authorizations

   12.  (1)  The Lieutenant Governor in Council may make regulations designating legislation for the purposes of section 13.

Same

   (2)  A regulation made under this section may,

  (a)  designate an Act or regulation in whole or in part;

  (b)  specify that a designation is limited and only applies for such purposes as are set out in the regulation.

Multiple authorizations – one Minister

   13.  (1)  A Minister responsible for two or more Acts or regulations designated for the purposes of this section may authorize any person or class of persons to exercise any power or perform any duty that someone could be authorized to exercise or perform under each of those Acts or regulations.

Multiple authorizations – two or more Ministers

   (2)  Two or more Ministers who are the Ministers responsible for two or more Acts or regulations designated for the purposes of this section may authorize any person or class of persons to exercise any power or perform any duty that someone could be authorized to exercise or perform under each of those Acts or regulations.

Limitation on collection, etc.

   (3)  No person who is authorized under this section shall, in exercising a power or performing a duty, collect, use or disclose information other than,

  (a)  information of a type described in section 4; and

  (b)  for a purpose described in section 5.

Requirements for authorizations

   (4)  An authorization under this section shall,

  (a)  be in writing;

  (b)  specify, with respect to each designated Act or regulation, the powers or duties for which the authorization applies;

   (c)  specify the type or types of information, from those described in section 4, in respect of which a collection, use or disclosure under the authorization may occur;

  (d)  specify the purpose or purposes, from those described in section 5, for which a collection, use or disclosure under the authorization may occur; and

  (e)  specify the time period for which it is valid.

Same

   (5)  In the case of an authorization by multiple Ministers under subsection (2), the requirements set out in subsection (4) must be satisfied by every participating Minister with respect to every relevant Act or regulation for which he or she is the Minister responsible.

Minister's powers

   (6)  A Minister may, on issuing an authorization under this section, or at any other time, attach such conditions to the authorization as he or she considers appropriate.

FIPPA

   (7)  For the purposes of clauses 41 (b) and 42 (c) 41 (1) (b) and 42 (1) (c) of the Freedom of Information and Protection and Privacy Act, any personal information collected by a person authorized under this section shall be deemed to have been collected for the purpose of the administration or enforcement of each Act in respect of which the person has been authorized.

PART IV
General

Sentencing Considerations

Previous conviction

   14.  (1)  This section applies when a person who is convicted of an offence has previously been convicted of an offence under the same or another Act.

Same

   (2)  The previous conviction may have occurred at any time, including before the day this Act came into force.

Severity of penalty

   (3)  Where the prosecutor is of the opinion that the previous conviction is relevant to the determination of the appropriate penalty for the current conviction, he or she may request that the court consider the previous conviction to be an aggravating factor.

Response of court

   (4)  Where a court receives a request under subsection (3), the court shall, on imposing the penalty,

  (a)  indicate whether it is imposing a more severe penalty having regard to the previous conviction; and

  (b)  if the court decides that the previous conviction does not justify a more severe penalty, give reasons for that decision.

Other factors still relevant

   (5)  Nothing in this section shall be interpreted as limiting any factor, submission or inquiry as to penalty the court is otherwise permitted or required to take into account or make, as the case may be.

Liability, Compellability in Civil Proceedings

Protection from personal liability

   15.  (1)  No action or other proceeding for damages shall be commenced against any person acting under this Act for any act done in good faith in the exercise or intended exercise of any power or in the performance or intended performance of any duty under this Act or any alleged neglect or default in the execution or performance in good faith of such power or duty.

Crown remains liable

   (2)  Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by a servant or agent of the Crown to which the Crown would otherwise be subject.

Other entities remain liable

   (3)  Subsection (1) does not relieve an entity that is responsible under an Act for administering or enforcing all or part of the Act or its regulations of liability in respect of a tort committed by a person to which the entity would otherwise be subject.

Compellability, civil proceeding

   16.  A person acting under this Act is not a compellable witness in a civil proceeding before a court or tribunal respecting any information collected, used or disclosed under this Act.

Production, civil proceeding

   17.  A person acting under this Act is not required to produce, in a civil proceeding before a court or tribunal, information collected, used or disclosed under this Act.

Regulations

Regulations

   18.  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing types of information mentioned in paragraph 10 of section 4;

  (b)  specifying classes of owners of organizations about whom information shall not be collected, used or disclosed under this Act despite paragraph 11 of section 4;

   (c)  prescribing purposes mentioned in paragraph 9 of section 5.

PART V
Consequential Amendments

Athletics Control Act

   19.  On the later of the day subsection 1 (1) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is proclaimed in force and the day this section comes into force, subsection 12.2 (1) of the Athletics Control Act is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Bailiffs Act

   20.  (1)  This section applies only if subsection 2 (23) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is not proclaimed in force before the day this Act comes into force.

   (2)  Section 17 of the Bailiffs Act is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Bailiffs Act

   21.  On the later of the day subsection 2 (23) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is proclaimed in force and the day this Act comes into force, subsection 17 (1) of the Bailiffs Act is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Cemeteries Act (Revised)

   22.  On the later of the day subsection 5 (1) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is proclaimed in force and the day this section comes into force, subsection 67.1 (1) of the Cemeteries Act (Revised) is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Collection Agencies Act

   23.  (1)  This section applies only if subsection 6 (1) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is not proclaimed in force before the day this Act comes into force.

   (2)  Subsection 17 (1) of the Collection Agencies Act is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007; or

Collection Agencies Act

   24.  On the later of the day subsection 6 (1) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is proclaimed in force and the day this Act comes into force, subsection 17 (1) of the Collection Agencies Act, as re-enacted by the Statutes of Ontario, 2004, chapter 19, subsection 6 (1), is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Consumer Protection Act, 2002

   25.  Subsection 120 (1) of the Consumer Protection Act, 2002 is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Consumer Reporting Act

   26.  (1)  This section applies only if subsection 9 (2) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is not proclaimed in force before the day this Act comes into force.

   (2)  Subsection 19 (1) of the Consumer Reporting Act is amended by striking out "or" at the end of clause (b) and by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007; or

Consumer Reporting Act

   27.  On the later of the day subsection 9 (2) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is proclaimed in force and the day this Act comes into force, subsection 19 (1) of the Consumer Reporting Act, as re-enacted by the Statutes of Ontario, 2004, chapter 19, subsection 9 (2), is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Electricity Act, 1998

   28.  Subsection 113.15 (2) of the Electricity Act, 1998 is repealed and the following substituted:

Disclosure prohibited

   (2)  Subject to subsection (3), an inspector shall not disclose any document or information obtained in the course of an inspection except,

  (a)  for the purposes of carrying out his or her duties under this Act; or

  (b)  as authorized under the Regulatory Modernization Act, 2007.

Environmental Protection Act

   29.  (1)  Subsection 118 (1) of the Environmental Protection Act is amended by adding the following clause:

(a.1) as authorized under the Regulatory Modernization Act, 2007;

   (2)  Subsection 168 (1) of the Act is amended by adding the following clause:

(a.1) as authorized under the Regulatory Modernization Act, 2007;

Food Safety and Quality Act, 2001

   30.  Section 40 of the Food Safety and Quality Act, 2001 is amended by adding the following subsection:

Disclosure under the Regulatory Modernization Act, 2007

   (4)  A person who receives information in response to an inquiry under subsection 39 (1) may disclose the information in accordance with an authorization under the Regulatory Modernization Act, 2007.

Funeral Directors and Establishments Act

   31.  Subsection 48 (1) of the Funeral Directors and Establishments Act is amended by adding the following clause:

(a.1) as authorized under the Regulatory Modernization Act, 2007;

Funeral, Burial and Cremation Services Act, 2002

   32.  On the later of the day subsection 106 (1) of the Funeral, Burial and Cremation Services Act, 2002 is proclaimed in force and the day this Act comes into force, subsection 106 (1) of the Funeral, Burial and Cremation Services Act, 2002 is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Motor Vehicle Dealers Act

   33.  Subsection 14 (1) of the Motor Vehicle Dealers Act is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007; or

Motor Vehicle Dealers Act, 2002

   34.  (1)  This section applies only if subsection 16 (23) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is not proclaimed in force before the day this Act comes into force.

   (2)  Subsection 36 (1) of the Motor Vehicle Dealers Act, 2002 is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Motor Vehicle Dealers Act, 2002

   35.  On the later of the day subsection 16 (23) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is proclaimed in force and the day this Act comes into force, subsection 36 (1) of the Motor Vehicle Dealers Act, 2002, as re-enacted by the Statutes of Ontario, 2004, chapter 19, subsection 16 (23), is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Nutrient Management Act, 2002

   36.  Subsection 28 (1) of the Nutrient Management Act, 2002 is amended by adding the following clause:

(a.1) as authorized under the Regulatory Modernization Act, 2007;

Oil, Gas and Salt Resources Act

   37.  Subsection 5 (1) of the Oil, Gas and Salt Resources Act is repealed and the following substituted:

Information confidential

   (1)  An inspector shall not publish, disclose or communicate to any person any information, record, report or statement acquired, furnished, obtained, made or received under the powers conferred under this Act and the regulations except,

  (a)  for the purposes of carrying out his or her duties under this Act and the regulations; or

  (b)  as authorized under the Regulatory Modernization Act, 2007.

Public Vehicles Act

   38.  Section 30 of the Public Vehicles Act is amended by adding the following clause:

(a.1) as authorized under the Regulatory Modernization Act, 2007;

Real Estate and Business Brokers Act, 2002

   39.  (1)  This section applies only if subsection 18 (25) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is not proclaimed in force before the day this Act comes into force.

   (2)  Subsection 44 (1) of the Real Estate and Business Brokers Act, 2002 is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Real Estate and Business Brokers Act, 2002

   40.  On the later of the day subsection 18 (25) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 is proclaimed in force and the day this Act comes into force, subsection 44 (1) of the Real Estate and Business Brokers Act, 2002, as re-enacted by the Statutes of Ontario, 2004, chapter 19, subsection 18 (25), is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Technical Standards and Safety Act, 2000

   41.  Subsection 24 (1) of the Technical Standards and Safety Act, 2000 is repealed and the following substituted:

Information confidential

   (1)  An inspector shall not disclose to any person any information, record, report or statement obtained under the powers conferred under this Act and the regulations except,

  (a)  for the purposes of carrying out his or her duties under this Act and the regulations; or

  (b)  as authorized under the Regulatory Modernization Act, 2007.

Travel Industry Act, 2002

   42.  Subsection 35 (1) of the Travel Industry Act, 2002 is amended by adding the following clause:

(b.1) as authorized under the Regulatory Modernization Act, 2007;

Waste Diversion Act, 2002

   43.  Subsection 40 (1) of the Waste Diversion Act, 2002 is amended by adding the following clause:

(a.1) as authorized under the Regulatory Modernization Act, 2007;

PART VI
commencement and short title

Commencement

   44.  This Act comes into force on December 1, 2006.

Commencement

   44.  (1)  This section and section 45 come into force on the day this Act receives Royal Assent.

Same

   (2)  Sections 1 to 43 come into force eight months after the day this Act receives Royal Assent.

Short title

   45.  The short title of this Act is the Regulatory Modernization Act, 2007.

This reprint of the Bill is marked to indicate the changes that were made in Committee.

The changes are indicated by underlines for new text and a strikethrough for deleted text.

______________

EXPLANATORY NOTE

The Bill enacts a new Act entitled the Regulatory Modernization Act, 2007. The broad purpose of the Act is to increase compliance in regulated sectors by, among other things, empowering Ministers to authorize the collection, use and disclosure of certain information and empowering Ministers to authorize the same person or class of persons to exercise functions under multiple Acts.

Section 4 sets out the types of information that may be collected, used and disclosed under the Act. Generally, the information relates to organizations and their activities under legislation and ranges from the identification of an organization (such as its name, telephone number and head office) to information about the activities of the organization under legislation (such as whether it has ever had a licence suspended, a complaint lodged against it or a conviction entered against it).

Section 5 sets out the purposes for which information may be collected, used and disclosed under the Act. These purposes relate generally to efficiency in the regulatory context and range from verifying the accuracy of records to making available information that would assist in determining whether an organization may be entitled to an approval.

Part II of the Act relates to sharing of information that was originally collected under the authority of legislation designated by the Lieutenant Governor in Council. A Minister responsible for a designated Act or regulation may authorize the collection and use of information originally collected under any other designated legislation and may authorize the disclosure of information originally collected under designated legislation for which he or she is responsible.

Section 9 authorizes a person who, in the course of exercising functions under one Act or regulation observes something that may be relevant to another Act or regulation, to share that information with someone who administers or enforces the other legislation to which the observation may be relevant.

Under section 10, a Minister responsible for legislation designated by the Lieutenant Governor in Council may publish some of the types of information set out in section 4 that are relevant to the legislation.

The Lieutenant Governor in Council is authorized under section 11.1 to designate repealed legislation for the purposes of authorizations to collect, use and disclose information under section 7 and for the publication of information under section 10.

Part III of the Act provides for authorizations that would enable a person to exercise functions under multiple Acts or regulations. The Lieutenant Governor in Council may designate legislation for that purpose and the Minister or Ministers responsible for legislation so designated may then issue authorizations that allow for the same person or class of persons to exercise functions under those various Acts or regulations.

Part IV of the Act provides for various general matters. Section 14 relates to sentencing a person on conviction of an offence if that person has been previously convicted of an offence. The prosecutor in such a case may request that the court treat the previous conviction as an aggravating factor when determining the appropriate penalty for the subsequent conviction.

Part V makes a series of consequential amendments to other Acts to specify that information sharing can occur under those Acts for the purposes of this Act.