Safety and Consumer Statutes Administration Act, 1996

Bills that amended this Act0

No published amendment links yet for this Act.

Sections69

• [s0]

  Definitions and Administration

• 1.
• 1Purpose

  1 The purpose of this Act is to facilitate the administration of designated Acts named in the Schedule by delegating to designated administrative authorities certain powers and duties relating to the administration of those Acts. 1996, c. 19, s. 1.

• 2.
• [s2]
• 2Definitions

  2 In this Act, “administrative agreement” in relation to a designated administrative authority means an agreement that the Minister has entered into with the administrative authority with respect to the designated legislation for which the administration is delegated to the administrative authority; (“accord d’application”) “administrative authority” means a not-for-profit corporation without share capital incorporated under the laws of Ontario but that does not form part of the Government of Ontario, any other government or an agency of a government; (“organisme d’application”) “designated administrative authority” means an administrative authority that the Lieutenant Governor in Council has designated under subsection 3 (2); (“organisme d’application désigné”) “designated legislation” means legislation that is an Act named in the Schedule, a regulation made under that Act or provisions…

• [s3]

  Designations

• 3.
• 3Designations

  3 (1) The Lieutenant Governor in Council may, by regulation, designate an Act named in the Schedule, a regulation made under that Act or provisions of that Act or that regulation as designated legislation for the purpose of this Act. 1996, c. 19, s. 3 (1). Same, administrative authority (2) Subject to section 4, the Lieutenant Governor in Council may, by regulation, designate one or more administrative authorities for the purpose of administering designated legislation. 1996, c. 19, s. 3 (2). Delegation of administration (3) Subject to subsection (4), if the Lieutenant Governor in Council designates an administrative authority for the purpose of administering designated legislation, all provisions in the legislation relating to its administration, or to such part of its administration as may be specified in the designation, are delegated to the administrative authority unless specificall…

• 4.
• 4Administrative agreement

  4 (1) The Lieutenant Governor in Council may not designate an administrative authority for the purpose of designated legislation until the Minister and the administrative authority have entered into an administrative agreement. 1996, c. 19, s. 4 (1); 1999, c. 12, Sched. F, s. 40. Minimum contents (2) The administrative agreement shall include, at a minimum, terms related to, (a) the financial terms of the delegation, including payments to the Crown, licence fees, royalties and reimbursements for transfers of assets; (b) the governance of the administrative authority; (c) the maintenance by the administrative authority of adequate insurance against liability arising out of the administrative authority’s administration of the designated legislation that is delegated to it; and (d) all other matters that the Minister considers necessary for the administrative authority to carry out the admi…

• 5.
• 5Conflict rules

  5 The following rules apply respecting conflicts that may arise in applying this Act: 1. This Act and its regulations prevail over designated legislation, an administrative agreement and an administrative authority’s constating documents, by-laws and resolutions. 2. Designated legislation prevails over an administrative agreement and an administrative authority’s constating documents, by-laws and resolutions. 3. A Minister’s order made under this Act prevails over an administrative agreement and an administrative authority’s constating documents, by-laws and resolutions. 4. This Act prevails over the Corporations Information Act. 2020, c. 14, Sched. 8, s. 4. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 8, s. 4 - 14/07/2020

• 6.
• [s7]
• 5.1Minister’s authority to appoint administrator

  5.1 (1) Subject to section 13.7, the Minister may, by order, appoint an individual as an administrator of a designated administrative authority for the purposes of assuming control of it and responsibility for its activities. 2020, c. 14, Sched. 8, s. 4. Notice of appointment (2) The Minister shall give the designated administrative authority’s board of directors the notice that the Minister considers reasonable in the circumstances before appointing the administrator. 2020, c. 14, Sched. 8, s. 4. Immediate appointment (3) Subsection (2) does not apply if there are not enough members on the board to form a quorum. 2020, c. 14, Sched. 8, s. 4. Term of appointment (4) The appointment of the administrator is valid until the Minister makes an order terminating it. 2020, c. 14, Sched. 8, s. 4. Powers and duties of administrator (5) Unless the order appointing the administrator provides otherw…

• [s8]
• 5.2Status of board during administrator’s tenure

  5.2 (1) On the appointment of an administrator under section 5.1, the members of the board of directors of the designated administrative authority cease to hold office, unless the order provides otherwise. 2020, c. 14, Sched. 8, s. 4. Same (2) During the term of the administrator’s appointment, the powers of any member of the board who continues to hold office are suspended, unless the order provides otherwise. 2020, c. 14, Sched. 8, s. 4. No personal liability (3) No action or other proceeding shall be instituted against a member or former member of the board of the designated administrative authority for any act, neglect or default done by the administrator or the administrative authority after the member’s removal under subsection (1) or while the member’s powers are suspended under subsection (2). 2020, c. 14, Sched. 8, s. 4. Crown liability (4) Despite subsection 8 (3) of the Crown …

• 7.
• 6Revocation of designations

  6 (1) On giving the notice that the Lieutenant Governor in Council considers reasonable in the circumstances, the Lieutenant Governor in Council may, by regulation, revoke or restrict the scope of the designation of legislation for which the administration is delegated to a designated administrative authority or revoke the designation of an administrative authority to which the administration of designated legislation is delegated if, (a) the administrative authority has failed to comply with this Act, the designated legislation or the administrative agreement; or (b) the Lieutenant Governor in Council considers it advisable to do so in the public interest. 1996, c. 19, s. 6 (1); 2020, c. 14, Sched. 8, s. 5 (1). Opportunity to remedy (2) If a designated administrative authority to which the administration of designated legislation is delegated fails to comply with this Act, the designate…

• 8.
• [s10]

  Designated Administrative Authorities

• 9.
• 10.
• 7Duties

  7 (1) A designated administrative authority shall carry out the administration of designated legislation delegated to it, or such part of the administration of designated legislation as is delegated to it, and shall do so in accordance with law, this Act, the designated legislation and the administrative agreement, having regard to the intent and purpose of this Act and the designated legislation. 1996, c. 19, s. 7 (1); 2002, c. 33, s. 151. Additional activities (2) Subject to subsection (3), nothing in this Act restricts a designated administrative authority from carrying out other activities in accordance with its objects. 2020, c. 14, Sched. 8, s. 6. Restriction on commercial activity (3) A designated administrative authority shall not engage in commercial activity through an individual, corporation or other entity that is related to the administrative authority. 2020, c. 14, Sched. 8…

• 11.
• 8Board

  8 (1) The Minister may appoint at pleasure one or more members to the board of directors of a designated administrative authority as long as the members appointed by the Minister do not constitute a majority of the board. 1996, c. 19, s. 8 (1). Composition (2) The members appointed by the Minister may include representatives of consumer groups, business, government organizations or such other interests as the Minister determines. 1996, c. 19, s. 8 (2). Term of appointment (3) The Minister shall set out the term of appointment in the appointment of each person whom the Minister appoints to the board. 1996, c. 19, s. 8 (3). Remuneration and expenses (4) The administrative authority shall provide for the payment of reasonable remuneration and expenses to the members of the board whom the Minister appoints. 1996, c. 19, s. 8 (4). Percentages of board members (5) The Minister may, by order, p…

• 12.
• 8.1Minister’s authority re change to objects or purposes

  8.1 (1) Subject to section 13.7, the Minister may require that a designated administrative authority make a specified change to its objects or purposes. 2020, c. 14, Sched. 8, s. 8. Same (2) No change shall be made to a designated administrative authority’s objects or purposes unless the Minister’s written approval is obtained in advance. 2020, c. 14, Sched. 8, s. 8. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 8, s. 8 - 14/07/2020 Minister’s authority re board of directors

• 13.
• 8.2Eligibility and nomination

  8.2 (1) The Minister may, by order, (a) establish competency criteria for members of the board of directors of a designated administrative authority; and (b) establish rules about the nomination of board members, the appointment or election process, the length of their terms and whether they may be reappointed or re-elected. 2020, c. 14, Sched. 8, s. 8. Restriction (2) A person is qualified to be appointed or elected to the board only if the person meets the competency criteria, if any, established under subsection (1). 2020, c. 14, Sched. 8, s. 8. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 8, s. 8 - 14/07/2020

• 14.
• 9Employees

  9 (1) Subject to the administrative agreement and subsection (3), a designated administrative authority may employ or retain the services of any qualified person to carry out any power or duty of the authority relating to the administration of designated legislation delegated to the authority, including the power to appoint persons under the designated legislation if the power is delegated to the authority. 1996, c. 19, s. 9 (1). Not employees of the Crown (2) Persons whom a designated administrative authority employs or whose services the authority retains under subsection (1) and members, officers, directors and agents of a designated administrative authority are not and shall not be deemed to be employees of the Crown, and they shall not hold themselves out as such. 2006, c. 35, Sched. C, s. 120 (1). Loss of status as employee of the Crown (3) A public servant employed under Part III …

• 10Not Crown agents

  10 (1) Designated administrative authorities and their members, officers, directors, employees and agents, together with the persons whose services the authorities retain, are not agents of the Crown and shall not hold themselves out as agents of the Crown. 1996, c. 19, s. 10 (1). Same, directors (2) The directors described in subsection (1) include directors appointed by the Minister. 1996, c. 19, s. 10 (2). Previous forms (3) A designated administrative authority to which the administration of designated legislation is delegated that uses forms prescribed in or under the legislation in carrying out the administration shall not hold itself out as an agent of the Crown in those forms. 1996, c. 19, s. 10 (3).

• 15.
• 11No personal liability, employee of the Crown

  11 (1) No action or other proceeding shall be instituted against a current or former employee of the Crown for, (a) any act done in good faith in the exercise or performance or intended exercise or performance of a duty or power under this Act, the regulations, a Minister’s order or the designated legislation; or (b) any neglect or default in the exercise or performance in good faith of a duty or power described in clause (a). 2020, c. 14, Sched. 8, s. 9 (1). Tort by employee of the Crown (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) of this section does not relieve the Crown of liability in respect of a tort committed by an employee of the Crown to which it would otherwise be subject. 2020, c. 14, Sched. 8, s. 9 (1). No Crown liability (3) No cause of action arises against the Crown, a minister of the Crown, a Crown employee or a Crown age…

• 16.-26.
• 11.1No personal liability

  11.1 (1) No action or other proceeding shall be instituted against a person mentioned in subsection (2), or who was formerly such a person, for any act done in good faith in the exercise or performance or intended exercise or performance of any of the person’s duties or powers under designated legislation or a Minister’s order made under designated legislation, or for any neglect or default in the exercise or performance in good faith of such a duty or power. 2020, c. 14, Sched. 8, s. 10. Application (2) Subsection (1) applies to the following persons: 1. A Director or director to whom designated legislation gives 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. A Registrar or registrar. 4. A deputy registrar, i. to whom duties are assigned by a registrar, or …

• 27.
• 12Forms, fees, etc.

  12 (1) Subject to subsection (2), a designated administrative authority may, (a) establish forms related to the administration of the designated legislation delegated to it; (b) set and collect fees, costs or other charges related to the administration of the designated legislation delegated to it if it does so in accordance with the process and criteria that it establishes and that the Minister has approved; (c) set payments that persons are required to make to any fund or account established or continued under the designated legislation whose administration is delegated to it if it does so in accordance with the process and criteria that it establishes and that the Minister has approved; and (d) make rules governing the payment of the fees, costs and charges described in clause (b) and the payments described in clause (c). 2020, c. 14, Sched. 8, s. 11 (1). (1.1) Repealed: 2020, c. 14, …

• 16.-26
• 28.
• [s20]
• 12.1Public access to by-laws

  12.1 A designated administrative authority shall make its by-laws available on its website, and by any other means that the administrative authority determines, within the time specified in the administrative agreement or, if no time is specified in the agreement, within 10 days after the by-laws are passed by the board of the administrative authority. 2020, c. 14, Sched. 8, s. 12. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 8, s. 12 - 01/07/2021

• SCHEDULE
• [s21]
• 12.2Public access to information

  12.2 A designated administrative authority shall follow the prescribed processes and procedures, if any, with respect to providing access to the public to records of the administrative authority and with respect to managing personal information contained in those records. 2020, c. 14, Sched. 8, s. 13. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 8, s. 13 - 14/07/2020

• [s22]
• 12.3Disclosure of compensation and other payments

  12.3 (1) The Minister may, by order, require a designated administrative authority to make available to the public, on its website and by any other means that the administrative authority determines, any information specified by the Minister relating to, (a) the compensation that the administrative authority pays to members of its board of directors, its officers and its employees; and (b) any other payments that the administrative authority makes or is required to make to the persons mentioned in clause (a). 2020, c. 14, Sched. 8, s. 13. Information for prior period (2) An order made under subsection (1) may require that the designated administrative authority make available to the public information referred to in that subsection with respect to a member of the board of directors or one of its officers who was in office on the day this section came into force or an individual who was o…

• 12.4Audit

  12.4 (1) The Auditor General appointed under the Auditor General Act may conduct an audit of a designated administrative authority, other than an audit required under the Not-for-Profit Corporations Act, 2010. 2020, c. 14, Sched. 8, s. 14. Access (2) When the Auditor General conducts an audit under subsection (1), the designated administrative authority shall give the Auditor General and employees of the Auditor General access to all records and other information required to conduct the audit. 2020, c. 14, Sched. 8, s. 14 (1). Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 8, s. 14 (1) - 14/07/2020; 2020, c. 14, Sched. 8, s. 14 (2) - 19/10/2021

• 13Reports

  13 (1) The board of a designated administrative authority shall report to the Minister within one year of the effective date of its designation under this Act, and each year after that, on its activities and financial affairs in respect of this Act, the administrative agreement, the designated legislation for which administration is delegated to the administrative authority and the regulations made under this Act and the designated legislation. 2020, c. 14, Sched. 8, s. 15. Form and contents (2) The report shall be in a form acceptable to the Minister and shall provide the particulars that the Minister requires. 2020, c. 14, Sched. 8, s. 15. Disclosure by administrative authority (3) The board of a designated administrative authority shall publish the report on its website and by any other method within the period and in the manner the Minister requires. 2020, c. 14, Sched. 8, s. 15. Sec…

• 13.1Policy directions

  13.1 (1) Subject to section 13.7, the Minister may issue policy directions to a designated administrative authority relating to its administration of designated legislation, after giving the administrative authority the notice that the Minister considers reasonable in the circumstances. 2020, c. 14, Sched. 8, s. 15. Part of agreement (2) The policy directions issued under subsection (1) are deemed to form part of the administrative agreement. 2020, c. 14, Sched. 8, s. 15. Compliance required (3) The designated administrative authority shall comply with the policy directions and shall implement measures to do so. 2020, c. 14, Sched. 8, s. 15. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 8, s. 15 - 14/07/2020

• 13.2Consultation

  13.2 The Minister may consult with a designated administrative authority about proposed legislative or policy changes that may affect the administrative authority and its activities. 2020, c. 14, Sched. 8, s. 15. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 8, s. 15 - 14/07/2020

• 13.3Advisory councils

  13.3 (1) The Minister may, by order, require a designated administrative authority to, (a) establish one or more advisory councils; and (b) include, as members of an advisory council, representatives of the public, consumer groups, businesses or government organizations and other persons as the Minister determines. 2020, c. 14, Sched. 8, s. 15. Advisory process (2) The Minister may, by order, require a designated administrative authority to undertake an advisory process in which it seeks advice from one or both of the public and persons with experience or knowledge relating to the designated legislation that is delegated to the administrative authority. 2020, c. 14, Sched. 8, s. 15. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 8, s. 15 - 14/07/2020

• 13.4Minister’s authority to require reviews

  13.4 (1) The Minister may, (a) require that policy, legislative or regulatory reviews related to designated legislation that is delegated to an administrative authority or the administrative agreement be carried out, (i) by or on behalf of the designated administrative authority, or (ii) by a person or entity specified by the Minister; and (b) require that reviews of a designated administrative authority, of its operations, or of both, including, without limitation, performance, governance, accountability and financial reviews, be carried out, (i) by or on behalf of the administrative authority, or (ii) by a person or entity specified by the Minister. 2020, c. 14, Sched. 8, s. 15. Access to records, etc. (2) When a review is carried out under subsection (1) (a) (ii) or (1) (b) (ii), the designated administrative authority shall give the person or entity specified by the Minister and the …

• 13.5Duty to advise the Minister

  13.5 A designated administrative authority shall promptly inform and advise the Minister with respect to, (a) any information that could affect the administrative authority’s ability to perform its duties under this Act or the designated legislation; and (b) any urgent or critical matter that is likely to require action by the Minister to ensure that the administration of designated legislation delegated to the administrative authority is carried out properly. 2020, c. 14, Sched. 8, s. 15. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 8, s. 15 - 14/07/2020

• 13.6Advice or reports

  13.6 (1) A designated administrative authority shall advise or report to the Minister, within the time period that the Minister specifies, on any matter that the Minister refers to it and that relates to this Act or the designated legislation delegated to the administrative authority. 2020, c. 14, Sched. 8, s. 15. Suggestions (2) A designated administrative authority may suggest to the Minister amendments to Ontario legislation that it considers would further the purpose of this Act or of the designated legislation or would assist the administrative authority in administering the designated legislation delegated to the administrative authority. 2020, c. 14, Sched. 8, s. 15. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 8, s. 15 - 14/07/2020

• 13.7Conditions precedent

  13.7 The Minister may exercise a power under subsection 4 (4), 5.1 (1) or 8.1 (1) or section 13.1 or any other provision prescribed in the regulations only if the Minister is of the opinion that it is advisable to exercise the power in the public interest because at least one of the following conditions is satisfied: 1. The exercise of the power is necessary to prevent serious harm to public safety or to the interests of the public or consumers. 2. An event of force majeure has occurred. 3. The designated administrative authority is facing a risk of insolvency. 4. The number of members of the board of the authority is insufficient for a quorum. 2020, c. 14, Sched. 8, s. 15. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 8, s. 15 - 14/07/2020 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: …

• 13.8Provision of services in French

  13.8 (1) A person has the right to communicate in French with a designated administrative authority and to receive available services in French from the administrative authority. 2020, c. 14, Sched. 8, s. 16. Board to ensure (2) The board of directors of the designated administrative authority shall take all reasonable measures and make all reasonable plans to ensure that persons may exercise the right to use French given by this section. 2020, c. 14, Sched. 8, s. 16. Limitation (3) The right to use French given by this section is subject to the limits that are reasonable in the circumstances and to any exemptions that may be provided for in the regulations. 2020, c. 14, Sched. 8, s. 16. Definition (4) In this section, “service” means any service or procedure that is provided to the public by a designated administrative authority in the administration of the designated legislation delega…

• 14Offences

  14 (1) A designated administrative authority that knowingly contravenes this Act, the designated legislation for which administration is delegated to the administrative authority or the regulations made under this Act or the designated legislation is guilty of an offence 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. 1996, c. 19, s. 14 (1). Individuals (2) A director, officer, employee or agent of a designated administrative authority who knowingly contravenes the designated legislation for which administration is delegated to the administrative authority or the regulations made under it is guilty of an offence. 1996, c. 19, s. 14 (2). Parties to offences (3) A director or officer of a designated administrative authority is guilty of an offence who, (a) knowingly causes, authorizes, permits or partic…

• 14.1Publication of orders

  14.1 The Minister shall publish any orders that the Minister makes under this Act on a website of the Government of Ontario. 2020, c. 14, Sched. 8, s. 17. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 8, s. 17 - 01/07/2021

• 14.2Non-application

  14.2 Subsections 17 (2) to (5) of the Not-for-Profit Corporations Act, 2010 do not apply to a designated administrative authority with respect to by-laws that are necessary to implement a Minister’s order made under this Act. 2020, c. 14, Sched. 8, s. 18 (2). Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 8, s. 18 (1) - 14/07/2020; 2020, c. 14, Sched. 8, s. 18 (2) - 19/10/2021

• 14.2 #36Non-application
• 15Regulations

  15 (1) The Lieutenant Governor in Council may make regulations, (0.a) prescribing anything that, under this Act, may be prescribed in the regulations; (0.b) defining words and expressions used in this Act that are not otherwise defined in this Act; (0.c) governing any transitional matters arising from the enactment of Schedule 8 to the Rebuilding Consumer Confidence Act, 2020; (a) designating an Act named in the Schedule, a regulation made under that Act or provisions of that Act or that regulation as designated legislation for the purpose of this Act; (b) designating administrative authorities for the purpose of administering designated legislation and specifying in the designation the part of the administration of the designated legislation that is delegated to them; (c) providing for proceedings under designated legislation, including hearings, appeals and the right of designated admi…

• 16-26

  16-26 Omitted (amends or repeals other Acts). 1996, c. 19, ss. 16-26.

• 27

  27 Omitted (provides for coming into force of provisions of this Act). 1996, c. 19, s. 27.

• 28

  28 Omitted (enacts short title of this Act). 1996, c. 19, s. 28.

• [s40]

  SCHEDULE Condominium Management Services Act, 2015 Electricity Act, 1998 Funeral, Burial and Cremation Services Act, 2002 Motor Vehicle Dealers Act, 2002 Travel Industry Act, 2002 Trust in Real Estate Services Act, 2002 1996, c. 19, Sched.; 1998, c. 15, Sched. E, s. 46; 2000, c. 16, s. 46; 2002, c. 33, s. 152; 2004, c. 19, s. 21; 2005, c. 17, s. 50; 2009, c. 28, s. 16; 2020, c. 1, s. 37 (1, 2); 2020, c. 14, Sched. 8, s. 20; 2020, c. 36, Sched. 12, s. 22. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 46 - 31/03/2003 2000, c. 16, s. 46 - 27/06/2001 2002, c. 30, Sched. E, s. 19 - no effect - see 2004, c. 19, s. 8 (4) - 30/06/2005; 2002, c. 33, s. 152 - 01/07/2012 2004, c. 19, s. 21 (1) - 01/01/2010; 2004, c. 19, s. 21 (2) - 31/03/2006; 2004, c. 19, s. 21 (3) - 01/07/2005 2005, c. 17, s. 50 - 31/08/2005 2009, c. 28, s. 16 - 01/05/2010 2020, c. 1, s. 37 (1, 2) - 01/1…

• [s41]