Bill 35 2010

An Act to require merchandise that is manufactured in Ontario to be identified as such

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

Definitions

   1.  In this Act,

"Commission" means the Made in Ontario Commission established under section 6; ("Commission")

"consumer" means an individual acting for personal, family or household purposes and does not include a person who is acting for business purposes; ("consommateur")

"manufactured product" means a product that,

  (a)  has been transformed from a raw material into a finished item, and

  (b)  is offered for sale to consumers in Ontario; ("produit manufacturé")

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

Products to be identified as made in Ontario

   2.  (1)  A manufacturer of a manufactured product shall ensure that the product is identified, in accordance with the regulations, as having been made in Ontario if,

  (a)  at least 51 per cent of the total direct costs of manufacturing the product is incurred in Ontario; and

  (b)  the last substantial transformation of the product occurred in Ontario.

Direct costs of manufacturing

   (2)  For the purposes of clause (1) (a), the total direct costs of manufacturing a product shall be calculated by taking into account,

  (a)  expenditures on materials incurred by the manufacturer in the manufacture of the product;

  (b)  expenditures on labour incurred by the manufacturer, where the labour can reasonably be allocated to the manufacture of the product; and

   (c)  expenditures on overheads incurred by the manufacturer that relate directly to the manufacture of the product and can reasonably be allocated to the manufacture of the product.

Substantial transformation

   (3)  For the purposes of clause (1) (b), a product undergoes a substantial transformation if it undergoes a fundamental change in form, appearance or nature such that the product existing after the change is new and different from the product that existed before the change.

False representation

   3.  No person shall make a representation, knowing it to be false, for the purpose of causing a manufactured product to be identified under section 2 as made in Ontario.

Deceptive use of identification

   4.  No person shall knowingly use, cause or permit the use of the identification prescribed under subsection 2 (1) to identify a product other than a product described in that subsection.

Complaint

   5.  (1)  Two or more persons resident in Ontario who are not less than 18 years of age and who are of the opinion that a person has contravened section 2, 3 or 4 may complain in writing to the Commission.

Same

   (2)  A complaint under subsection (1) shall contain the prescribed information.

Commission established

   6.  (1)  The commission known in English as the Made in Ontario Commission and in French as the Commission d'identification des produits faits en Ontario is hereby established.

Board of directors

   (2)  The Commission shall have a board of directors consisting of at least five members, all of whom shall be appointed by the Lieutenant Governor in Council.

Quorum

   (3)  A majority of the members constitutes a quorum for meetings of the board and may exercise the powers of the board.

Chair and vice-chair

   (4)  The Lieutenant Governor in Council shall designate one of the members as chair of the board and may designate one or more members as vice-chairs.

Chair's duty

   (5)  The chair shall preside over the meetings of the board.

Acting chair

   (6)  If the chair is absent or otherwise unavailable to act or if the office of chair is vacant, a vice-chair shall act as and have all the powers of the chair.

Remuneration and expenses

   (7)  The Lieutenant Governor in Council may fix the remuneration and allowance for expenses of the members.

Duties of Commission

   7.  The Commission shall be responsible for the administration and enforcement of this Act and shall meet at least six times every year for this purpose.

Powers of Commission

   8.  Except as limited by this Act, the Commission has all the powers that are necessary or expedient for carrying out its duties under this Act. 

Investigation

   9.  (1)  The Commission shall investigate a person's compliance with section 2, 3 or 4 if,

  (a)  a complaint is received under section 5; or

  (b)  on its own initiative, the Commission finds reason to believe that a person has contravened section 2, 3 or 4.

Dismissal of complaint

   (2)  Despite clause (1) (a), the Commission may dismiss a complaint made under section 5 without conducting an investigation if, in the opinion of the Commission, the complaint does not present a reasonable basis for an investigation.

Notice of investigation

   (3)  The Commission shall notify a person whose conduct is being investigated that the investigation is taking place and shall provide the person with the opportunity to present relevant information to the Commission.

Hearing not required

   (4)  The Commission is not required to hold a hearing in exercising any power or making any decision under this Act.

Order

   (5)  Upon completion of its investigation, the Commission shall issue an order and provide written reasons to,

  (a)  the complainants, if a complaint was made under section 5; and

  (b)  the person or persons whose conduct was investigated.

Penalties

   (6)  If the Commission determines that a person has contravened section 2, 3 or 4 of this Act, the Commission may, in its order issued under subsection (5), require the person to pay,

  (a)  in the case of an individual, a fine of not more than $2,000; and

  (b)  in the case of a corporation, a fine of not more than $5,000.

Appeal

   10.  A person who is the subject of an order issued under subsection 9 (5) may appeal the order to the Superior Court of Justice if the notice of appeal is filed no later than 60 days after the Commission has mailed the reasons for the order to the person.

Regulations

   11.  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing the form, content or any other aspect of the presentation of identification for the purposes of subsection 2 (1);

  (b)  prescribing the information to be provided in a complaint for the purposes of section 5;

   (c)  respecting any matter necessary to facilitate the implementation of this Act.

Commencement

   12.  This Act comes into force six months after the day it receives Royal Assent.

Short title

   13.  The short title of this Act is the Made in Ontario Act, 2010.

 

EXPLANATORY NOTE

The Bill requires manufacturers to identify as such merchandise that is manufactured in Ontario.  The Made in Ontario Commission is established for the purpose of administering and enforcing the Act.