Regulatory Modernization Act, 2007

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Sections65

• [s0]

  Part I interpretation and application

• 1.
• 1Interpretation

  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”) 2007, c. 4, s. 1 (1). 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. 2007, c. 4, s. 1 (2). Some individuals are “o…

• 2.
• 2Scope 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. 2007, c. 4, s. 2.

• 3.
• [s3]
• 3Crown bound

  3 This Act binds the Crown. 2007, c. 4, s. 3.

• [s4]

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

• 4.
• 4Types 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 ca…

• 5.
• 5Purposes

  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 o…

• PART II INFORMATION SHARING
• [s7]

  Part II information sharing

• [s8]

  Authorizations to Collect, Use and Disclose Information

• 6.
• 6Designating legislation – information sharing

  6 (1) The Lieutenant Governor in Council may make regulations designating legislation for the purposes of section 7. 2007, c. 4, s. 6 (1). 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. 2007, c. 4, s. 6 (2). 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. 2007, c. 4, s. 6 (3).

• 7.
• 7Authorization 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. 2007, c. 4, s. 7 (1). 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. 2007, c. 4, s. 7 (2). 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 ex…

• 8.
• [s11]
• 8FIPPA

  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. 2007, c. 4, s. 8.

• [s12]

  Observations Made While Exercising Functions under Legislation

• 9.
• [s13]
• 9Observing 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. 2007, c. 4, s. 9 (1). 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. 2007, c. 4, s. 9 (2).

• [s14]

  Publication of Specified Information

• 10.
• 10Designating legislation – publication

  10 (1) The Lieutenant Governor in Council may make regulations designating legislation for the purposes of this section. 2007, c. 4, s. 10 (1). 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. 2007, c. 4, s. 10 (2). 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. 2007, c. 4, s. 10 (3). 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 …

• 11.
• [s16]
• 11FIPPA

  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. 2007, c. 4, s. 11.

• [s17]

  Legislation no Longer in Force

• 12.
• 12Designating repealed legislationRepealed

  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. 2007, c. 4, s. 12 (1). 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. 2007, c. 4, s. 12 (2). 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. 2007, c. 4, s. 12 (3). 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. 2007, c. 4, s. 12 …

• PART III AUTHORIZATIONS TO EXERCISE FUNCTIONS UNDER MULTIPLE ACTS OR REGULATIONS
• [s19]

  Part III Authorizations to Exercise Functions under Multiple Acts or regulations

• 13.
• 13Designating legislation – multiple authorizations

  13 (1) The Lieutenant Governor in Council may make regulations designating legislation for the purposes of section 14. 2007, c. 4, s. 13 (1). 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. 2007, c. 4, s. 13 (2).

• 14.
• 14Multiple 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. 2007, c. 4, s. 14 (1). 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. 2007, c. 4, s. 14 (2). 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) in…

• PART IV GENERAL
• [s22]

  PART IV General

• [s23]

  Sentencing Considerations

• 15.
• [s24]
• 15Previous 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. 2007, c. 4, s. 15 (1). Same (2) The previous conviction may have occurred at any time, including before the day this Act came into force. 2007, c. 4, s. 15 (2). 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. 2007, c. 4, s. 15 (3). 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 jus…

• [s25]

  Liability, Compellability in Civil Proceedings

• 16.
• 16Protection 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. 2007, c. 4, s. 16 (1). Crown remains liable (2) Subsection (1) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which the Crown would otherwise be subject. 2019, c. 7, Sched. 17, s. 152. 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 resp…

• 17.
• 17Compellability, 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. 2007, c. 4, s. 17.

• 18.
• [s28]
• 18Production, 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. 2007, c. 4, s. 18.

• [s29]

  Regulations

• 19.
• 19Regulations

  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. 2007, c. 4, s. 19.

• 20.-44.
• 20

  20-44 Omitted (amends or repeals other Acts). 2007, c. 4, ss. 20-44.

• 45.
• 45

  45 Omitted (provides for coming into force of provisions of this Act). 2007, c. 4, s. 45.

• 46.
• 46

  46 Omitted (enacts short title of this Act). 2007, c. 4, s. 46. ______________