[39] Bill 187 Royal Assent (PDF)
Bill 187 2009
An Act to amend the Technical Standards and Safety Act, 2000 and the Safety and Consumer Statutes Administration Act, 1996
This Act amends or repeals more than one Act. For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. (1) Section 3 of the Technical Standards and Safety Act, 2000 is amended by adding the following definition:
"Corporation" means the corporation continued by subsection 3.1 (1); ("Société")
(2) The definition of "designated administrative authority" in section 3 of the Act is repealed.
2. The Act is amended by adding the following sections immediately before the heading "Directors and Inspectors":
Corporation
Corporation continued
3.1 (1) The Technical Standards and Safety Authority is continued as a corporation without share capital under the name Technical Standards and Safety Authority in English and Office des normes techniques et de la sécurité in French.
Letters patent revoked
(2) The letters patent and supplementary letters patent of the Technical Standards and Safety Authority are revoked.
Composition
3.2 (1) The Corporation is composed of the members of its board of directors.
Same
(2) A person ceases to be a member of the Corporation when he or she ceases to be a director.
Not Crown agents
3.3 (1) The Corporation and its members, officers, directors, employees and agents, together with the persons whose services it retains, are not agents of the Crown and shall not hold themselves out as agents of the Crown.
Same
(2) The directors described in subsection (1) include directors appointed by the Minister.
Application of corporate statutes
3.4 (1) The Corporations Act and the Corporations Information Act apply to the Corporation.
Conflict
(2) In the event of a conflict between this Act and the Corporations Act, this Act prevails.
Powers of a natural person
3.5 The Corporation has the capacity and the rights, powers and privileges of a natural person, except as limited by this Act or as prescribed.
Objects of the Corporation
3.6 The following are the objects of the Corporation:
1. To promote and undertake activities which enhance public safety in relation to the matters assigned to the Corporation under this Act and the regulations.
2. To undertake public safety services in relation to the matters assigned to the Corporation under this Act and the regulations, including training, certification, licensing, registration, audit, quality assurance, inspection, investigation and enforcement.
3. To promote and undertake activities which encourage the harmonization of technical safety standards and compliance practices.
4. To inform, educate and work with industry, government and the public in relation to the matters assigned to the Corporation under this Act and the regulations.
5. To encourage industry to enhance safety in a responsible manner in relation to the matters assigned to the Corporation under this Act and the regulations.
6. To promote and undertake additional activities in accordance with the memorandum of understanding under section 3.15.
7. To carry out any additional objects the Minister may by order specify.
Board of directors
3.7 (1) The board of directors shall manage or supervise the management of the affairs of the Corporation.
Composition
(2) The board of directors shall consist of 13 members unless the number is changed by order of the Minister under clause (8) (a).
Appointed directors
(3) The Minister may appoint at pleasure directors to the board as long as the directors appointed by the Minister do not constitute a majority of the board.
Same
(4) The directors appointed by the Minister may include representatives of consumer groups, business, government organizations or such other interests as the Minister determines.
Same
(5) The Corporation shall provide for the payment of reasonable remuneration and expenses to the directors appointed by the Minister.
Number of appointed directors
(6) Subject to subsection (3), the number of directors appointed by the Minister shall be established by order of the Minister.
Elected directors
(7) Directors other than the directors appointed by the Minister shall be elected by the members of the board.
Change in number of directors
(8) Subject to subsection (3), the Minister may, by order, increase or decrease,
(a) the number of members of the board; and
(b) the number of directors appointed by the Minister.
Qualifications
(9) A person may be appointed or elected a director under this section only if the person meets the competency criteria approved by the Minister.
Chair and vice-chair
(10) The Minister shall appoint the chair and the vice-chair of the board from among the directors.
Transition, board of directors
(11) The persons who are directors of the Technical Standards and Safety Authority immediately before the day this subsection comes into force continue as directors of the Corporation until replaced or removed.
By-laws
3.8 The board of directors may make by-laws governing the conduct and management of the affairs of the Corporation.
Employees and consultants
3.9 Subject to the memorandum of understanding under section 3.15, the Corporation may employ or retain the services of any qualified person to carry out any power or duty of the Corporation relating to the administration of this Act and the regulations by the Corporation.
Advisory councils
3.10 (1) The board of directors shall by by-law establish one or more advisory councils.
Composition
(2) A by-law establishing an advisory council shall provide for the council's composition and may require that the council include consumers or persons who have experience or knowledge relating to any matters assigned to the Corporation under this Act and the regulations.
Functions, etc.
(3) A by-law establishing an advisory council shall provide for the council's functions and for the council members' term of appointment, remuneration and payment of expenses.
Chief safety and risk officer
3.11 (1) The Corporation shall appoint a chief safety and risk officer with the consent of the Minister.
Independent review of Corporation's activities
(2) The chief safety and risk officer shall independently review the Corporation's activities or proposed activities related to the public safety responsibilities assigned to the Corporation under this Act and the regulations.
Reports
(3) The chief safety and risk officer may prepare a report on any matter related to the Corporation's activities or proposed activities referred to in subsection (2) if the officer considers it in the public interest to do so.
Same
(4) The chief safety and risk officer shall prepare an annual report and such other reports as may be requested by the board of directors or the Minister.
Publication of reports
(5) Reports prepared by the chief safety and risk officer shall be made available at the Corporation's annual meeting and shall be made available to the public.
Administration of this Act and the regulations
3.12 (1) The Corporation shall administer,
(a) all provisions of this Act, except for sections 3.1 to 3.24, 33, 34, 35 and 35.1, subsections 36 (1), (2) and (5) and such other provision as may be specified by a regulation made by the Minister under section 35.1; and
(b) the regulations, except such regulation or provision of a regulation as may be specified by a regulation made by the Minister under section 35.1.
Same
(2) The Corporation shall carry out the administration of this Act and the regulations as provided under subsection (1) in accordance with the law, this Act, the regulations, Minister's orders and the memorandum of understanding under section 3.15.
Interpretation
(3) In sections 3.1 to 3.24, a reference to the administration of this Act and the regulations by the Corporation is deemed to be a reference to the administration of this Act and the regulations by the Corporation as provided under subsection (1).
Duties of the Corporation, enforcement
3.13 (1) The Corporation shall co-ordinate its enforcement activities in relation to the investigation of serious incidents with the enforcement activities of other provincial and federal enforcement authorities.
Same, requests of the Minister
(2) The Corporation shall respond in an expeditious manner to all requests made by the Minister relating to,
(a) the governance of the Corporation;
(b) the administration of this Act and the regulations by the Corporation;
(c) the memorandum of understanding under section 3.15; or
(d) a policy direction issued by the Minister under section 3.14.
Policy directions
3.14 (1) The Minister may issue policy directions to the Corporation if the Minister considers it in the public interest to do so.
Same
(2) A policy direction may be issued on any matter relating to the governance of the Corporation and the administration of this Act and the regulations by the Corporation, including, but not limited to, the requirement to develop written policies relating to conflict of interest, political activity and disclosure of wrongdoing.
Same
(3) The Corporation shall comply and implement measures to comply with the policy directions issued by the Minister.
Memorandum of understanding
3.15 (1) The Minister and the Corporation shall enter into a memorandum of understanding, which shall include terms relating to the following matters:
1. The administration of this Act and the regulations by the Corporation.
2. The governance of the Corporation.
3. The maintenance by the Corporation of adequate insurance against liability arising out of its carrying out the administration of this Act and the regulations.
4. Any other matter related to the Corporation's public safety responsibilities.
Minister's terms
(2) On giving notice to the Corporation that the Minister considers reasonable in the circumstances, the Minister may amend, add or delete a term in the memorandum of understanding if the Minister considers it advisable to do so in the public interest.
Transition, administrative agreement
(3) The administrative agreement entered into between the Minister and the Technical Standards and Safety Authority under the Safety and Consumer Statutes Administration Act, 1996 that is in effect immediately before the day this subsection comes into force is deemed to be a memorandum of understanding entered into between the Minister and the Corporation under this section.
No personal liability, directors, inspectors, etc.
3.16 (1) No action or other proceeding shall be instituted against a person mentioned in subsection (2) for any act done in good faith in the execution or intended execution of any duty or power under this Act, the regulations or a Minister's order, or for any alleged neglect or default in the execution in good faith of that duty or power.
Same
(2) Subsection (1) applies to the following persons:
1. A director to whom this Act, the regulations or a Minister's order give duties or powers.
2. A deputy director,
i. to whom duties are assigned by a director referred to in paragraph 1, or
ii. who is acting as a director referred to in paragraph 1.
3. An inspector.
4. An investigator.
5. An officer or a member of the board of directors of the Corporation.
6. A person whom the Corporation employs or whose services the Corporation retains under section 3.9.
7. An agent of the Corporation.
8. A member of a discipline committee or of an appeals committee under this Act or the regulations.
Liability of the Corporation
(3) Subsection (1) does not relieve the Corporation of any liability to which it would otherwise be subject in respect of the acts or omissions of a person mentioned in subsection (2).
No personal liability, employees of the Crown
3.17 (1) No action or other proceeding shall be instituted against an employee of the Crown for any act done in good faith in the execution or intended execution of any duty or service under this Act, the regulations or a Minister's order, or for any alleged neglect or default in the execution in good faith of that duty or service.
Crown liability
(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of any liability to which it would otherwise be subject.
No Crown liability
(3) No action or other proceeding shall be instituted against the Crown for damages that a person suffers as a result of any act or omission of a person who is not an employee or agent of the Crown.
Indemnification
(4) Subject to the memorandum of understanding under section 3.15, the Corporation shall indemnify the Crown in respect of damages and costs incurred by the Crown for any act or omission of the Corporation or its members, officers, directors, employees or agents in carrying out,
(a) the administration of this Act and the regulations; or
(b) its duties under this Act, the regulations, a Minister's order or the memorandum of understanding.
Forms and fees
3.18 (1) The Corporation may,
(a) establish forms related to the administration of this Act and the regulations by the Corporation;
(b) set and collect fees, costs or other charges related to the administration of this Act and the regulations by the Corporation if it does so in accordance with the processes and criteria that it establishes and that the Minister has approved; and
(c) make rules governing the payment of the fees, costs and charges described in clause (b).
Setting fees
(2) In setting the fees, costs and charges described in clause (1) (b), the Corporation may specify their amounts or the method for determining these amounts.
Not public money
3.19 The money that the Corporation collects in carrying out the administration of this Act and the regulations is not public money within the meaning of the Financial Administration Act and the Corporation may use it to carry out activities in accordance with its objects.
Reports
3.20 (1) Each year, the board of directors of the Corporation shall report to the Minister on its activities and financial affairs in respect of this Act, the regulations and Minister's orders.
Form and contents
(2) The report shall be in a form acceptable to the Minister and shall provide the information that the Minister requires.
Tabling
(3) The Minister shall submit the report to the Lieutenant Governor in Council and shall,
(a) lay the report before the Assembly if it is in session; or
(b) deposit the report with the Clerk of the Assembly if the Assembly is not in session.
Disclosure by the Corporation
(4) The board of the Corporation may give a copy of its report under subsection (1) to other persons before the Minister complies with subsection (3).
Powers of the Minister to consult and require reviews
3.21 (1) The Minister may,
(a) consult with the Corporation regarding proposed legislative or policy changes that directly impact on the Corporation and its activities;
(b) require that performance, governance, accountability or financial reviews of the Corporation be carried out by or on behalf of the Corporation or such other person or entity as the Minister may specify; and
(c) require that policy, legislative or regulatory reviews related to this Act, the regulations and Minister's orders be carried out by or on behalf of the Corporation or such other person or entity as the Minister may specify.
Reviews, terms and conditions
(2) The Minister may impose terms and conditions relating to any review the Minister requires under clause (1) (b) or (c).
Audit
3.22 (1) The Auditor General appointed under the Auditor General Act may conduct an audit of the Corporation, other than an audit required under the Corporations Act.
Access to records and information
(2) When the Auditor General conducts an audit under subsection (1), the Corporation shall give the Auditor General and employees of the Auditor General access to all records and other information required to conduct the audit.
Administrator
3.23 (1) The Minister may appoint an individual as an administrator of the Corporation for the purposes of assuming control of the Corporation and responsibility for its activities if the Minister considers it in the public interest to do so.
Notice of appointment
(2) The Minister shall give the board of directors of the Corporation at least 14 days written notice before appointing the administrator.
Immediate appointment
(3) Subsection (2) does not apply if there are not enough members on the board of directors to form a quorum.
Term of appointment
(4) The appointment of the administrator is valid until it is terminated by order of the Minister.
Powers and duties of administrator
(5) Unless the appointment provides otherwise, the administrator has the exclusive right to exercise all the powers and perform all the duties of the directors, officers and members of the Corporation.
Same
(6) The Minister may specify the powers and duties of the administrator in the appointment and the terms and conditions governing those powers and duties.
Right of access
(7) The administrator has the same rights as the board of directors in respect of the documents, records and information of the Corporation.
Report to the Minister
(8) The administrator shall report to the Minister as required by the Minister.
Minister's directions
(9) The Minister may issue directions to the administrator with regard to any matter within the jurisdiction of the administrator.
Compliance with directions
(10) The administrator shall carry out every direction issued by the Minister.
No personal liability
(11) No action or other proceeding shall be instituted against the administrator for any act done in good faith in the execution or intended execution of any duty or power under this Act, the regulations, a Minister's order or the appointment under subsection (1), or for any alleged neglect or default in the execution in good faith of that duty or power.
Crown liability
(12) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (11) does not relieve the Crown of any liability to which it would otherwise be subject.
Liability of the Corporation
(13) Subsection (11) does not relieve the Corporation of any liability to which it would otherwise be subject.
Offences
Corporation
3.24 (1) The Corporation is guilty of an offence if it knowingly contravenes this Act, the regulations or a Minister's order and on conviction is liable to a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues.
Individuals
(2) A director, officer, employee or agent of the Corporation who knowingly contravenes this Act, the regulations or a Minister's order is guilty of an offence.
Parties to offences
(3) A director or officer of the Corporation is guilty of an offence who,
(a) knowingly causes, authorizes, permits or participates in the commission by the Corporation of an offence mentioned in subsection (1); or
(b) fails to take reasonable care to prevent the Corporation from committing an offence mentioned in subsection (1).
Penalty
(4) A person who is convicted of an offence under subsection (2) or (3) is liable to a fine of not more than $25,000 for each day or part of a day on which the offence occurs or continues.
3. (1) Subsection 4 (1) of the Act is amended by striking out "A designated administrative authority" at the beginning and substituting "The Corporation".
(2) Subsection 4 (2) of the Act is repealed.
4. Clause 6 (7) (f) of the Act is amended by striking out "the Act" and substituting "this Act".
5. (1) Subsection 13 (1) of the Act is amended by striking out "payment of a fee, an administrative penalty, a cost or other charge owing to the designated administrative authority" in the portion before clause (a) and substituting "payment of a fee, a cost or other charge owing to the Corporation".
(2) The English version of subsection 13 (3) of the Act is amended by striking out "the Director" and substituting "the director".
6. (1) Section 14 of the Act is amended by adding the following subsections:
Imminent hazard, safety order
(2.1) Without limiting the generality of subsection (2), the safety order may,
(a) authorize an inspector to take or cause to be taken in respect of a thing, part of a thing or class of things such measures as the director considers advisable to limit, reduce or remove an imminent hazard to public safety or the safety of any person; and
(b) require an authorization holder, a former authorization holder or another person subject to this Act, who is responsible for the thing, part of a thing or class of things, in respect of which measures were taken or caused to be taken under clause (a), to pay the costs of the measures within the time specified in the order.
Same, limitations
(2.2) Nothing in subsection (2) authorizes the safety order to require the cleanup, remediation or restoration of lands or premises.
Same
(2.3) The part of the safety order referred to in clause (2.1) (b) shall,
(a) be given in writing as soon as practicable in the circumstances and in no case later than five days after the measures were taken or caused to be taken under clause (2.1) (a); and
(b) have attached to it a statement describing the measures and providing details of the costs incurred in taking or causing them to be taken.
(2) Subsection 14 (3) of the Act is amended by adding "Subject to clause (2.3) (a)" at the beginning.
(3) Subsection 14 (5) of the Act is amended by striking out "but may be suspended" and substituting "but, except for the part of the safety order referred to in clause (2.1) (a), may be suspended".
(4) Subsection 14 (6) of the Act is amended by striking out "by the safety order" and substituting "by the safety order, except for the part of the safety order referred to in clause (2.1) (a)".
(5) Section 14 of the Act is amended by adding the following subsections:
Appeal, part of order referred to in clause (2.1) (b)
(7) The person affected by a safety order referred to in subsection (2.1) may appeal at any time to a director the part of the order referred to in clause (2.1) (b).
Appeal not required to be in writing
(8) The appeal under subsection (7) is not required to be in writing but if a director so requires, the grounds for the appeal shall be specified in writing before the appeal is heard.
Hearing of subs. (7) appeal
(9) On receiving an appeal under subsection (7), the director shall hold a hearing as soon as is reasonably possible, but such an appeal does not affect the operation of the safety order appealed from pending disposition of the appeal.
Decision on subs. (7) appeal
(10) After the hearing of an appeal under subsection (7), the director may affirm, rescind or vary the safety order appealed from.
Appeal under s. 12
(11) Where the director affirms or varies a safety order under subsection (10), the affected person may appeal to the Divisional Court under section 12.
7. (1) Clause 19 (1) (b) of the Act is amended by striking out "the designated administrative authority" and substituting "the Corporation".
(2) Subsection 19 (4) of the Act is repealed.
8. Subsection 22 (8) of the Act is repealed.
9. (1) Clause 24 (3) (b) of the Act is amended by striking out "the designated administrative authority" at the end and substituting "the Corporation".
(2) Clause 24 (4) (c) of the Act is amended by striking out "the designated administrative authority" at the beginning and substituting "the Corporation".
10. The English version of subsection 32 (4) of the Act is amended by striking out "the Director" and substituting "the director".
11. (1) Subsection 33 (3) of the Act is amended by striking out "section 36" at the end and substituting "section 35.1 or 36".
(2) Subsection 33 (4) of the Act is amended by striking out "section 36" and substituting "section 35.1 or 36".
12. (1) Clause 34 (1) (g) of the Act is amended by striking out "administrative penalties" and substituting "costs".
(2) Clause 34 (1) (p) of the Act is repealed and the following substituted.
(p) governing proceedings under this Act or the regulations, including the right of the Corporation to recover from the parties to the proceedings the costs and expenses that it incurs in respect of the proceedings;
13. The Act is amended by adding the following section:
Minister's regulations, s. 3.12
35.1 (1) The Minister may make regulations specifying any provision of this Act, any regulation or any provision of a regulation for the purposes of clause 3.12 (1) (a) or (b).
Same, insurance
(2) The Minister may make regulations requiring every person who is subject to this Act or the regulations to obtain and maintain liability insurance, in at least the prescribed amount and in accordance with the prescribed conditions, including deductibles.
Same
(3) Subsections 34 (2) and (3) apply with necessary modifications to regulations made under subsection (2).
14. (1) Clause 37 (1) (d) of the Act is repealed and the following substituted:
(d) contravenes or fails to comply with an order or requirement of a director or an inspector, or obstructs an inspector,
. . . . .
(2) The French version of subsection 37 (2) of the Act is amended by striking out "de prendre toutes les mesures raisonnables" and substituting "d'exercer toute la diligence raisonnable".
(3) Subsection 37 (5) of the Act is repealed.
(4) Section 37 of the Act is amended by adding the following subsection:
Non application
(7) This section does not apply to the Corporation and its directors, officers, employees and agents.
15. Sections 43 and 44 of the Act are repealed.
16. The Schedule to the Safety and Consumer Statutes Administration Act, 1996 is amended by striking out "Technical Standards and Safety Act, 2000".
Commencement
17. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
18. The short title of this Act is the Technical Standards and Safety Statute Law Amendment Act, 2009.
EXPLANATORY NOTE
This Explanatory Note was written as a reader's aid to Bill 187 and does not form part of the law. Bill 187 has been enacted as Chapter 28 of the Statutes of Ontario, 2009.
The Bill amends the Technical Standards and Safety Act, 2000 as described below.
Amendments respecting the Technical Standards and Safety Authority
Currently, the Technical Standards and Safety Authority is a corporation without share capital incorporated under the laws of the Province of Ontario by letters patent. The Authority is a designated administrative authority and the Technical Standards and Safety Act, 2000 (subject to specified exceptions) and its regulations are designated legislation within the meaning of the Safety and Consumer Statutes Administration Act, 1996. The administration of this designated legislation has been delegated to the Authority and is governed by the Safety and Consumer Statutes Administration Act, 1996 and the administrative agreement entered into between the Authority and the Minister under that Act.
The Bill adds sections 3.1 to 3.24 to the Technical Standards and Safety Act, 2000. The Bill changes the status of the Authority from a designated administrative authority under the Safety and Consumer Statutes Administration Act, 1996 to a statutory corporation under the Technical Standards and Safety Act, 2000. New section 3.1 of the Act continues the Authority as a corporation without share capital and revokes its letters patent. The Bill amends section 3 of the Act to add a definition of "Corporation". It repeals the definition of "designated administrative authority" and replaces references to "designated administrative authority" in the Act with references to "the Corporation".
New section 3.12 provides that the Corporation shall administer the Act and its regulations (subject to exceptions specified in the Act or by regulation) in accordance with the law, the Act, the regulations, Minister's orders and the memorandum of understanding under the Act. The Bill repeals sections 43 and 44 of the Act and deletes the reference to the Act from the Schedule to the Safety and Consumer Statutes Administration Act, 1996. As a result, the Act and its regulations cease to be designated legislation under the Safety and Consumer Statutes Administration Act, 1996.
New section 3.3 provides that the Corporation and its members, officers, directors, employees and agents are not agents of the Crown. The Corporation has the powers of a natural person, except as limited by the Act or the regulations. Its objects are set out in section 3.6. They include promoting and undertaking activities which enhance public safety in relation to the matters assigned to the Corporation and undertaking public safety services in relation to these matters, including training, certification, licensing, inspection, investigation and enforcement.
The Corporation is composed of the members of its board of directors. Under section 3.7, the board consists of directors who are appointed by the Minister and directors who are elected by the members of the board. Section 3.11 requires the Corporation to appoint a chief safety and risk officer with the consent of the Minister. The chief safety and risk officer independently reviews the Corporation's activities or proposed activities related to its public safety responsibilities.
Section 3.14 authorizes the Minister, if he or she considers it in the public interest to do so, to issue policy directions to the Corporation on any matter relating to its governance and its administration of the Act and the regulations as provided under section 3.12. Section 3.15 requires the Minister and the Corporation to enter into a memorandum of understanding which includes terms relating to the governance of the Corporation and its administration of the Act and the regulations. Under subsection 3.15 (3) of the Act, the existing administrative agreement between the Minister and the Authority is deemed to be a memorandum of understanding entered into between the Minister and the Corporation under section 3.15.
Under section 3.16, officers, directors, employees and agents of the Corporation and directors, inspectors and investigators appointed under the Act are not liable for their acts and omissions in good faith in the execution of duties or powers under the Act. The Corporation remains liable for the acts and omissions of these persons. Under section 3.17, employees of the Crown are not liable for their acts and omissions in good faith in the execution of duties or services under the Act. The Crown remains liable for the acts and omissions of employees of the Crown but is not liable for acts or omissions of a person who is not an employee or agent of the Crown.
Section 3.20 requires the Corporation to report annually to the Minister on its activities and financial affairs in respect of the Act. Under section 3.21, the Minister may require that performance, governance, accountability or financial reviews of the Corporation or policy, legislative or regulatory reviews related to the Act be carried out. Section 3.22 authorizes the Auditor General to conduct an audit of the Corporation, other than an audit required under the Corporations Act. Section 3.23 authorizes the Minister to appoint an administrator for the purposes of assuming control of the Corporation and responsibility for its activities if the Minister considers it in the public interest to do so. Section 3.24 makes it an offence for the Corporation or its directors, officers, employees or agents to knowingly contravene the Act, the regulations or a Minister's order.
Amendments respecting imminent hazard
The Bill amends section 14 of the Act which deals with director's safety orders. Amendments include new subsections 14 (2.1) to (2.3) and subsections 14 (7) to (11). Subsection 14 (2.1) provides that a safety order may authorize an inspector to take or cause to be taken measures to limit, reduce or remove an imminent hazard to public safety or the safety of any person, and may require a person subject to the Act who is responsible for the thing in respect of which the measures were taken to pay the costs of these measures. New subsection 14 (2.2) provides that a safety order may not require the cleanup, remediation or restoration of lands or premises. New subsections 14 (7) to (11) deal with appeal rights.
Amendments respecting regulation-making powers
The Bill adds regulation-making powers, which include the following. Under subsection 35.1 (1), the Minister may make regulations exempting provisions of the Act or regulations or provisions of regulations from the administration of the Act and the regulations by the Corporation as provided under section 3.12. Under subsection 35.1 (2), the Minister may make regulations requiring every person who is subject to the Act or regulations to obtain and maintain liability insurance, in at least the prescribed amount.