Thisreprint of the Bill is marked to indicate the changes that were made inCommittee.
Thechanges are indicated by underlines for new text and a strikethrough for deleted text.
______________
EXPLANATORYNOTE
TheBill amends the Consumer Reporting Act and the Technical Standards and Safety Act, 2000.
Consumer Reporting Act
Section12 is remade to give consumers a right to obtain disclosure of consumer scoresand to provide for the rules respecting such disclosures. The remade section 12also modifies the existing rules respecting disclosures of consumer reports. Anew section 12.0.1 sets out the requirements respecting which method ofgenerating a consumer score a consumer reporting agency is required to use.
TheAct is amended to provide for security freezes on consumers' files. New section12.4 provides the requirements respecting security freezes and new section 12.5provides the information consumer reporting agencies are required to publishrespecting security freezes and security alerts.
Amendmentsare made to expand the information the Registrar may require a consumerreporting agency to obtain and provide to the Registrar. The amendments alsoprovide the Registrar with the authority to order an agency to amend or deletecertain credit and personal information or prohibit or limit the use of creditand personal information. A new section 16.1 provides for inquiries by theRegistrar.
Technical Standards and Safety Act, 2000
Anassessor appointed by the Corporation is allowed to impose an administrativepenalty on a person if the assessor is satisfied that the person hascontravened or is contravening a prescribed provision of the Act or theregulations, a restriction, limitation or condition of a prescribedauthorization or a prescribed Minister's order or a prescribed director's order.The prescribing regulation is made by the Lieutenant Governor in Council. Theperson against whom an order imposing an administrative penalty is made canappeal the order to the person prescribed by a regulation made by the Ministeror to the Licence Appeal Tribunal if the Minister has not prescribed a personfor that purpose.
TheLieutenant Governor in Council may make regulations governing standards ofavailability for elevating devices or classes of them, including standards fortheir repair and time requirements for their repair, governing the reporting ofoutages as related to elevating devices or classes of them and requiring adirector to establish one or more publicly accessible databases of informationwith respect to elevating devices or classes of them.
Bill 8 2018
AnAct to amend the Consumer Reporting Act and the Technical Standards and SafetyAct, 2000
HerMajesty, by and with the advice and consent of the Legislative Assembly of theProvince of Ontario, enacts as follows:
Consumer Reporting Act
1The French version of the Consumer Reporting Act isamended by striking out "Commission" wherever it appears in the followingprovisions and substituting in each case "Tribunal":
1. Subsection4 (3).
2. Subsections6 (2), (3) and (6).
3. Clause6 (8) (b).
4. Subsection14 (4).
5. Clause25 (e).
2Subsection 1 (1) of the Act isamended by adding the following definitions:
"consumerscore" means a consumer score as defined in the regulations, or if consumerscore is not defined in the regulations, a score, grade or value assigned to aconsumer that is generated from information about the consumer maintained by aconsumer reporting agency; ("pointage du consommateur")
"prescribed"means prescribed by the regulations made under this Act; ("prescrit")
3The French version of subsections 6 (4) and (5) of the Act is repealed and thefollowing substituted:
Pouvoirsdu Tribunal
(4)Sil'auteur de la demande ou l'inscrit demande une audience devant le Tribunalconformément au paragraphe (2), le Tribunal fixe la date et l'heure del'audience, et la tient. À la demande du registrateur à l'audience, le Tribunalpeut enjoindre à celui-ci, par ordonnance, de mettre à exécution son intentionou de s'en abstenir, ou de prendre les mesures qu'il estime opportunes auxtermes de la présente loi et des règlements. À cette fin, il peut substituerson opinion à celle du registrateur.
Conditionsde l'ordonnance
(5)LeTribunal peut assortir son ordonnance ou l'inscription des conditions qu'ilconsidère opportunes pour l'application de la présente loi.
4Clause 9 (3) (m) of the Act is repealed and the following substituted:
(m) anyother information that may be prescribed.
5Section 12 of the Act is repealed and the following substituted:
Rightof consumer to request disclosure
12(1)Aconsumer may, in writing, request a consumer reporting agency to provide,
(a) theconsumer's consumer report; or
(b) theconsumer's current consumer score and consumer report.
Contentof disclosure under cl. (1) (a)
(2)Ifa consumer makes a request under clause (1) (a), the consumer reporting agencyshall, in accordance with this section, section 12.0.1 and any prescribedrequirements, disclose to the consumer the following information:
1. Thenature and substance of all information in the consumer reporting agency'sfiles pertaining to the consumer at the time of the request.
2. The sources of credit and personalinformation.
3. The name and contact information, includingthe address, telephone number and email address, of every person on whosebehalf the file has been accessed within the three-year period preceding therequest.
4. If the agency furnished a consumer reportpertaining to the consumer within the one-year period preceding the request,
i. the names and contact information,including the address, telephone number and email address, of the recipients ofthat report, and
ii. a copy of the consumer report if itwas furnished in writing or the particulars of the content of the report if itwas furnished orally.
5. If the agency furnished a consumer score,or any other information evaluating the credit or personal information of theconsumer within the one-year period preceding the request,
i. the names and contact information,including the address, telephone number and email address, of the recipients ofthat score or information, and
ii. the score and the particulars ofany other information evaluating the credit or personal information of theconsumer.
6. Anyother information relating to the consumer score that may be prescribed.
Contentof disclosure under cl. (1) (b)
(3)Ifa consumer makes a request under clause (1) (b), the consumer reporting agencyshall, in accordance with this section, section 12.0.1 and any prescribedrequirements, generate the consumer's current consumer score and disclose thefollowing information to the consumer:
1. Theconsumer score.
2. Thedate on which the consumer score was generated.
3. Therange of possible consumer scores under the method used.
4. The factors used by the agency ingenerating consumer scores under the method used.
5. Theinformation listed in subsection (2).
6. Anyother information that may be prescribed.
Disclosureof right to dispute
(4)Whena consumer reporting agency discloses information under this section, theagency shall inform the consumer of his or her right to dispute any informationcontained in the file under section 13 and the manner in which a dispute may bemade.
Requestfor disclosure
(5)Whenmaking a request for disclosure under this section, a consumer shall,
(a) providethe consumer reporting agency with a copy of any prescribed identification anda copy of any other identification the agency may reasonably require to verifythe consumer's identity;
(b) indicateto the consumer reporting agency by which of the methods referred to insubsection (6) the consumer chooses to receive the disclosure; and
(c) providethe consumer reporting agency with any other prescribed information.
Methodof disclosure
(6)Aconsumer reporting agency shall disclose information in whichever of thefollowing methods the consumer chooses in the consumer's request:
1. Inperson, if the consumer attends personally at the agency's premises duringnormal business hours for that purpose.
2. Bytelephone.
3. Bymail.
4. Electronically.
5. Bya prescribed method of disclosure.
Timingof disclosure
(7)Theconsumer reporting agency shall make disclosures required under this section inaccordance with the following rules respecting timing:
1. Ifa consumer chooses to receive the disclosure in person, by telephone or bymail, the consumer reporting agency shall have the information available ormail the information, as applicable,
i. onor before the prescribed deadline, or
ii. ifno deadline is prescribed, within a reasonable time in the circumstances afterthe consumer provides everything required under subsection (5).
2. Ifa consumer chooses to receive the disclosure electronically, the consumerreporting agency shall send the electronic copy,
i. onor before the prescribed deadline, or
ii. ifno deadline is prescribed, on or before the day that is two business days afterthe consumer provides everything required under subsection (5).
3. Ifthe consumer chooses to receive the disclosure by a prescribed method theconsumer reporting agency shall provide the disclosure on or before theprescribed deadline.
Plainlanguage
(8)Adisclosure made under this section must be in understandable language and if itis made in writing it must be easily readable.
Consumer'sadviser
(9)Aconsumer who chooses to receive a disclosure in person shall be permitted to beaccompanied by one other person of his or her choosing to whom the consumerreporting agency may be required by the consumer to disclose the consumer'sinformation.
Trainedpersonnel
(10)Everyconsumer reporting agency shall provide trained personnel to explain to theconsumer any information disclosed to him or her under this section.
Explanationof consumer score
(11)Ifa consumer who received a disclosure under subsection (3) makes a request inaccordance with any prescribed requirements to the consumer reporting agencythat made the disclosure, the agency shall explain to the consumer how theconsumer's credit or personal information has affected the consumer's consumerscore.
Fees
(12)Aconsumer reporting agency shall not charge a fee for making a disclosure underthis section unless the agency is permitted to do so by the regulations.
Same,exception for electronic disclosure
(13)Despitesubsection (12), if the consumer requests the electronic disclosure of aconsumer report or a consumer score and consumer report and the consumerreporting agency has already made an electronic disclosure to the consumer twoor more times during the calendar year in which the request is made, the agencymay charge a fee for the disclosure, subject to any prescribed limitations.
Same,exception for disclosure under cl. (1) (b)
(14)Despitesubsection (12), if the consumer requests the disclosure, by any method, of aconsumer score and consumer report under clause (1) (b) and the consumerreporting agency has already made a disclosure by any method under subsection(3) to the consumer two or more times during the calendar year in which therequest is made, the agency may charge a fee for the disclosure, subject to anyprescribed limitations.
Noconditions
(15)Aconsumer reporting agency shall not require a consumer to give any undertakingor waive or release any right as a condition of receiving a disclosure underthis section.
Exceptionfor certain medical information
(16)Aconsumer reporting agency shall withhold from the disclosures required underthis section any medical information obtained with the written consent of theconsumer which the consumer's own physician has specifically requested inwriting be withheld from the consumer in his or her own best interest.
Consumerscores
12.0.1(1)Subjectto subsection (2), when generating a consumer score, a prescribed consumerreporting agency shall use the method that is most commonly used by the agencyto generate scores.
Prescribedmethod of generating consumer score
(2)Ifthe regulations prescribe a method of generating a consumer score to be usedfor a prescribed purpose or in a prescribed circumstance, the consumerreporting agency shall use that method when generating a consumer score for thepurpose or in the circumstances, as the case may be.
Previousrequests not a factor
(3)Theconsumer reporting agency shall ensure that the fact that a consumer has made arequest for disclosure under section 12, or exercised any other right underthis Act, is not used in the generation of a consumer score with respect tothat consumer.
Publicationof information about consumer scores
(4)Theconsumer reporting agency shall, in accordance with any prescribedrequirements, publish any prescribed information about consumer scores on awebsite maintained by the agency.
6The Act is amended by adding the following sections:
Security freeze
12.4(1)A consumer may, in accordance withthis section and any prescribed requirements, require a prescribed consumerreporting agency to place a security freeze on his or her file.
Identification
(2)A consumer who requires a securityfreeze under subsection (1) shall provide the consumer reporting agency with acopy of any prescribed identification and a copy of any other identificationthe agency may reasonably require to verify the consumer's identity.
Placing of security freeze
(3)If the consumer has complied withthe prescribed requirements and subsection (2), the consumer reporting agencyshall place a security freeze on the consumer's file on or before theprescribed deadline.
Effect of security freeze
(4)During the period that a securityfreeze on a consumer's file is in effect, the consumer reporting agency shallnot disclose any credit or personal information about the consumer maintainedby the agency, including any consumer scores, to any person.
Termination
(5)If the consumer, in accordance withany prescribed requirements, directs the consumer reporting agency to terminatethe freeze, the agency shall terminate the security freeze on or before theprescribed deadline.
Expiry
(6)A security freeze expires at the endof the prescribed period, if any.
Disclosure despite a security freeze
(7)Despite subsection (4), the consumerreporting agency may, in accordance with any prescribed requirements, discloseprescribed information about a consumer maintained by the agency to prescribedpersons and entities.
Same
(8)Despite subsection (4), if aconsumer, in accordance with any prescribed requirements, directs a consumerreporting agency to disclose information to an identified person or entity, theagency shall disclose the information as directed and shall do so on or beforeany prescribed deadline.
Fees
(9)A consumer reporting agency shallnot charge the consumer a fee for placing a security freeze, terminating asecurity freeze or disclosing information at the direction of a consumer duringa security freeze unless the agency is permitted to do so by regulations.
Information
(10)When a consumer requests that asecurity freeze be placed on his or her file, the consumer reporting agencyshall provide the consumer with the information referred to in section 12.5 andthe name and phone number or email address of a person the consumer can contactfor an explanation of the information.
Publicationof information re alerts and freezes
12.5Everyprescribed consumer reporting agency shall, in accordance with any prescribedrequirements, publish the following information on a website maintained by theagency:
1. Adescription of alerts and their implications.
2. Adescription of security freezes and their implications.
3. Informationrespecting how a consumer may request an alert or security freeze.
4. Informationrespecting how a consumer may remove an alert and terminate a security freeze.
5. Informationrespecting how a consumer may make directions to disclose to particular personsor entities during a security freeze.
6. Anyother prescribed information respecting consumer alerts and security freezes.
7Subsection 13 (1) of the Act is repealed and the following substituted:
Correctionof errors
(1)Subjectto any prescribed limitations, a consumer may, in accordance with anyprescribed requirements, dispute the accuracy or completeness of any item of informationcontained in his or her file and the consumer reporting agency shall, within areasonable time and in accordance with any prescribed requirements, use itsbest endeavours to confirm or complete the information and shall correct,supplement or delete the information in accordance with good practice.
8(1)Subsection 14 (1) of the Act is repealed and the followingsubstituted:
Orderby Registrar re proof and documentation
(1)The Registrar may order a consumerreporting agency to,
(a) obtainproof or documentation of the credit and personal information contained in aconsumer file from the source of that information; and
(b) providea copy of the proof and documentation of the credit and personal information tothe Registrar in a reasonable time period and in the form and manner specifiedby the Registrar.
Orderby Registrar re information
(1.1)TheRegistrar may order a consumer reporting agency to amend or delete credit andpersonal information or restrict or prohibit the use of credit and personalinformation if,
(a) theagency failed to comply with an order under subsection (1) with respect to theinformation; or
(b) the agency complied with an order undersubsection (1) with respect to the information but, in the Registrar's opinion,the information is inaccurate, incomplete or does not comply with theprovisions of this Act or the regulations.
(2)TheFrench version of subsection 14 (3) of the Act is repealed and the followingsubstituted:
Audiencedevant le Tribunal
(3)Sile consommateur ou l'agence de renseignements sur le consommateur s'estime lésépar une décision du registrateur aux termes du présent article, le consommateurou l'agence de renseignements sur le consommateur peut demander une audience auTribunal. L'article 6 s'applique alors avec les adaptations nécessaires à ladécision de la même manière qu'à une intention exprimée par le registrateur auxtermes de l'article 6 et comme si le consommateur et l'agence de renseignementssur le consommateur étaient l'auteur de la demande ou l'inscrit. Toutefois,l'ordre du registrateur peut être exécutoire immédiatement sauf suspension par leTribunal jusqu'à ce que l'ordre soit définitif.
9The Act is amended by adding the following section:
Inquiryby Registrar
16.1(1)Forthe purposes of ensuring compliance with this Act and the regulations, the Registrar,or a person designated by the Registrar in writing, may inquire into, anddirect a consumer reporting agency to provide, within such time as theRegistrar or designated person may specify, information about the agency'spractices in connection with any of the requirements in this Act and theregulations.
Dutyto provide information
(2)Ifthe Registrar or a designated person requires the production of informationfrom a consumer reporting agency under subsection (1), the consumer reportingagency shall provide that information to the Registrar or designated personwithin the specified time.
Orders
(3)If,after giving the consumer reporting agency an opportunity to be heard, theRegistrar determines that a practice of the agency contravenes this Act or theregulations, the Registrar may order the agency to amend or discontinue thepractice.
Limitson orders
(4)TheRegistrar may order no more than what is reasonably necessary to achievecompliance with this Act or the regulations.
Appeal
(5)Ifa consumer reporting agency considers itself aggrieved by an order of theRegistrar under this section, the agency may apply to the Tribunal for ahearing in accordance with the prescribed procedures and section 6 applies withnecessary modifications except as otherwise specified by the regulations.
10Section 24.1 of the Act is repealed.
11(1)Section 25 of the Act is amended by adding the followingclauses:
(0.a) prescribinganything that is referred to in this Act as prescribed;
.. . . .
(a.1) definingthe term "consumer score" in subsection 1 (1);
(2)Clause25 (h) of the Act is repealed and the following substituted:
(h) exemptinga class of consumer reporting agencies from any provision of section 12 orlimiting the extent to which any provision of section 12 applies to a class ofconsumer reporting agencies;
(h.1) clarifyingthe requirements with respect to disclosures for the purposes of subsection 12(8);
(h.2) permitting,limiting and governing fees for the purposes of subsections 12 (12), (13) and(14) that a consumer reporting agency may charge with respect to a disclosureunder section 12;
(h.3) prescribingmethods for generating a consumer score and the purposes and circumstances inwhich a prescribed method is to be used by a consumer reporting agency for thepurposes of section 12.0.1;
(h.4) governingthe information, including specified wording, that a consumer reporting agencyshall publish with respect to consumer scores for the purposes of subsection12.0.1 (4);
(3)Section25 of the Act is amended by adding the following clauses:
(m) permitting and governing fees for thepurposes of subsection 12.4 (9) that a consumer reporting agency may charge forplacing a security freeze, terminating a security freeze or disclosinginformation during a security freeze;
(m.1) governingthe information, including specified wording, that a consumer reporting agencyshall publish with respect to alerts and security freezes for the purposes ofsection 12.5;
.. . . .
(r) governingthe payment of fees for an application for registration or a renewal ofregistration under this Act and prescribing the amount of those fees;
Technical Standards and Safety Act, 2000
12The heading before section 1 of the Technical Standardsand Safety Act, 2000 is repealed and the following substituted:
Part I
PURPOSE, APPLICATION, DEFINITIONS
13Section 3 of the Act is amended by adding the following definitions:
"administrativepenalty" means an administrative penalty imposed under section 32.1; ("pénalitéadministrative")
"assessor"means a person appointed as an assessor under this Act; ("évaluateur")
14The Act is amended by adding the following heading before the heading"Corporation" before section 3.1:
Part II
Administration
15Subsection 3.16 (2) of the Act is amended by adding the following paragraph:
9. Anassessor.
16Sections 4 and 5 of the Act are repealed and the following substituted:
Directors,Inspectors, Investigators and Assessors
Appointmentsof directors, inspectors, investigators and assessors
4(1)TheCorporation may appoint directors, inspectors, investigators and assessors forthe purposes of this Act, the regulations or a Minister's order, including forthe purpose of determining whether authorization holders continue to meet therequirements for authorization and the requirements of this Act, theregulations and Minister's orders.
Restrictions
(2)Anappointment is subject to the restrictions, limitations and conditions set outin it.
Identification
(3)Adirector, inspector, investigator or assessor shall produce, on request,evidence of his or her appointment.
Powersof director
5(1)Adirector has general supervisory and administrative responsibility in respectof all or any part of this Act, the regulations or a Minister's order withrespect to which he or she is appointed.
Powersregarding inspectors, investigators and assessors
(2)Unlessotherwise stated in his or her appointment, a director,
(a) maysupervise and direct inspectors, investigators, assessors and other personsresponsible for administering or enforcing this Act, the regulations or aMinister's order; and
(b) isan inspector, an investigator and an assessor and may exercise any of theirpowers and perform any of their duties.
Delegation
(3)Adirector may delegate in writing any of his or her powers or duties to anyperson subject to the restrictions, limitations and conditions set out in thedelegation.
17The Act is amended by adding the following heading before the heading"Authorizations" before section 6:
Part III
Authorizations and Safety and Compliance Orders
18Subsection 13 (1) of the Act is amended by adding "an administrative penalty"after "a cost" in the portion before clause (a).
19The Act is amended by repealing the heading before section 17 and substitutingthe following:
Part IV
INspectioNs and Enforcement
Inspectionsand Investigations
20The Act is amended by adding the following sections:
AdministrativePenalties
Order
32.1(1)Anassessor may, by order, impose an administrative penalty against a person inaccordance with this section and the regulations made by the Minister if theassessor is satisfied that the person has contravened or is contravening,
(a) aprescribed provision of this Act or the regulations as it applies to any thingdescribed in section 2 that is prescribed or any prescribed class of any such thing;
(b) arestriction, limitation or condition of a prescribed authorization; or
(c) aprescribed Minister's order or a prescribed director's order.
Towhom payable
(2)Anadministrative penalty is payable to the Corporation.
Purpose
(3)Anadministrative penalty may be imposed under this section for one or more of thefollowing purposes:
1. Toensure compliance with this Act and the regulations.
2. Toprevent a person from deriving, directly or indirectly, any economic benefit asa result of a contravention described in subsection (1).
Amount
(4)Theamount of an administrative penalty shall reflect the purpose of the penaltyand shall be determined in accordance with the regulations made by theMinister, but the amount of the penalty shall not exceed $10,000.
Formof order
(5)Anorder made under subsection (1) imposing an administrative penalty against aperson shall be in the form that the Corporation determines.
Serviceof order
(6)Theorder shall be served on the person against whom the administrative penalty isimposed in the manner that the Corporation determines.
Absoluteliability
(7)Anorder made under subsection (1) imposing an administrative penalty against aperson applies even if,
(a) theperson took all reasonable steps to prevent the contravention on which theorder is based; or
(b) atthe time of the contravention, the person had an honest and reasonable beliefin a mistaken set of facts that, if true, would have rendered the contraventioninnocent.
Noeffect on offences
(8)Forgreater certainty, nothing in subsection (7) affects the prosecution of anoffence.
Othermeasures
(9)Subjectto section 32.3, an administrative penalty may be imposed alone or inconjunction with the exercise of any measure against a person provided by thisAct or the regulations, including the application of restrictions, limitationsor conditions to an authorization by a director, the suspension or revocationof an authorization or the refusal to renew an authorization.
Limitation
(10)Anassessor shall not make an order under subsection (1) more than two years afterthe day the assessor became aware of the person's contravention on which theorder is based.
Nohearing required
(11)Subjectto the regulations made by the Minister, an assessor is not required to hold ahearing or to afford a person an opportunity for a hearing before making anorder under subsection (1) against the person.
Non-applicationof other Act
(12)TheStatutory Powers Procedure Act does not apply to anorder of an assessor made under subsection (1).
Appeal
32.2(1)Inthis section,
"appealbody" means the person prescribed by the Minister or, if no person isprescribed by the Minister, the Tribunal; ("organisme d'appel")
"Tribunal"means the Licence Appeal Tribunal. ("Tribunal")
Same
(2)Theperson against whom an order made under subsection 32.1 (1) imposes anadministrative penalty may appeal the order to the appeal body by delivering awritten notice of appeal to the appeal body within 15 days after receiving theorder.
Ifno appeal
(3)Ifthe appellant does not appeal the order in accordance with subsection (2), theorder is confirmed.
Hearing
(4)Ifthe appellant appeals the order in accordance with subsection (2), the appealbody shall hold a hearing and may, by order, confirm, revoke or vary theassessor's order, and the appeal body may attach conditions to its order.
Parties
(5)Theassessor, the appellant and the other persons that the appeal body specifiesare parties to the appeal.
Non-applicationof other Act
(6)Ifthe appeal body is not the Tribunal, the Statutory PowersProcedure Act does not apply to an order of an assessor appealed undersubsection (2).
Immediateeffect
(7)Evenif the appellant appeals an order of the appeal body, the order takes effectimmediately, unless the order provides otherwise, but the Divisional Court maygrant a stay until the disposition of the appeal.
Effectof paying penalty
32.3If a personagainst whom an order imposing an administrative penalty is made pays thepenalty in accordance with the terms of the order or, if the order is varied onappeal, in accordance with the terms of the varied order, the person cannot becharged with an offence under this Act in respect of the same contravention onwhich the order is based and no other prescribed measure shall be taken againstthe person in respect of the same contravention on which the order is based.
Enforcement
32.4(1)Ifa person against whom an order imposing an administrative penalty is made failsto pay the penalty in accordance with the terms of the order or, if the orderis varied on appeal, in accordance with the terms of the varied order, theorder may be filed with the Superior Court of Justice and enforced as if itwere an order of the court.
Dateof order
(2)Forthe purposes of section 129 of the Courts of Justice Act,the date on which the order is filed with the court shall be deemed to be thedate of the order.
21The Act is amended by adding the following heading before the heading "Ordersand Regulations" before section 33:
Part V
GEneral
22(1)Clause 34 (1) (a) of the Act is amended by striking out "clause35.1 (2) (a)" and substituting "clause 35.1 (b)".
(2)Subsection34 (1) of the Act is amended by adding the following clauses:
(n.1) establishingand governing standards of availability for elevating devices or classes ofelevating devices, including standards for their repair and time requirementsfor their repair;
(n.2) specifyingthe persons who are responsible for ensuring compliance with the standardsdescribed in clause (n.1);
(n.3) definingoutages as related to elevating devices or classes of elevating devices andgoverning the reporting of outages as related to elevating devices or classesof elevating devices, including specifying,
(i) thepersons required to do the reporting,
(ii) theinformation that must be included in the reporting, and
(iii) formand time requirements for the reporting;
(n.4) requiringa director to establish one or more databases of information with respect toelevating devices or classes of elevating devices that include the specifiedinformation, which may include information about the standards of availability describedin clause (n.1) that apply to the devices and the information reported underclause (n.3);
(n.5) requiringa director to make any or all of the databases described in clause (n.4) or theparts of them that are specified in the regulation accessible to the public inthe specified way and governing that accessibility;
.. . . .
(r) delegatingto the Minister the power to make regulations with respect to any matter thatmay be the subject of a regulation made under clause (n.2).
(3)Section34 of the Act is amended by adding the following subsections:
Residualauthority to act
(2)Despiteany delegation to the Minister under clause (1) (r) and without having torevoke the delegation, the Lieutenant Governor in Council continues to haveauthority to make regulations in respect of the matter that is the subject ofthe delegation.
Makingregulation not revocation
(3)Ifthe Lieutenant Governor in Council makes a regulation to which subsection (2)applies, the regulation does not have the effect of revoking a delegation underthis section unless the regulation so specifies.
Minister'sregulations preserved
(4)TheLieutenant Governor in Council may, by regulation, revoke a delegation to theMinister under clause (1) (r), but the revocation of a delegation does notresult in the revocation of any regulation the Minister made under thedelegated power before the revocation of the delegation.
23(1)Section 35.1 of the Act is repealed and the followingsubstituted:
Minister'sregulations
35.1The Ministermay make regulations,
(a) specifyingany provision of this Act, any regulation or any provision of a regulation forthe purposes of clause 3.12 (1) (a) or (b);
(b) requiringevery person who is subject to this Act or the regulations to obtain andmaintain liability insurance, in at least the prescribed amount and inaccordance with the prescribed conditions, including deductibles;
(c) prescribingany matter or thing described in clause (b) as prescribed.
(2)Section35.1 of the Act, as re-enacted by subsection (1), is amended by adding thefollowing clauses:
(d) governingadministrative penalties that an assessor may order and all matters necessaryand incidental to the administration of a system of administrative penalties,including,
(i) specifyingthe amount of an administrative penalty or providing for the determination ofthe amount of an administrative penalty by specifying the method of calculatingthe amount and the criteria to be considered in determining the amount,
(ii) providingfor different amounts to be paid, or different calculations or criteria to beused, depending on the circumstances that gave rise to the administrativepenalty or the time at which the penalty is paid,
(iii) specifyinginformation that must be included in an order for payment of an administrativepenalty,
(iv) governingthe procedure for making an order under section 32.1 for an administrativepenalty and the rights of the parties affected by the procedure, including thetime at which the order is deemed to be served on the person against whom theorder is made, and
(v) governingthe appeal of an order for payment of an administrative penalty;
(e) specifyingthe purposes for which the Corporation may use the funds that it collects asadministrative penalties;
(f) respectingany matter with respect to which the power to make regulations is delegated bythe Lieutenant Governor in Council to the Minister under clause 34 (1) (r).
24Subsection 37 (1) of the Act is repealed and the following substituted:
Offences
(1)Aperson is guilty of an offence if the person,
(a) contravenesor fails to comply with any provision of this Act, the regulations or aMinister's order;
(b) knowinglymakes a false statement or furnishes false information under this Act, theregulations or a Minister's order;
(c) contravenesor fails to comply with a term or condition of an authorization; or
(d) contravenesor fails to comply with an order or requirement of a director, an inspector or anassessor or obstructs an inspector.
Penalty
(1.1)Aperson convicted of an offence under subsection (1) is liable to,
(a) afine of not more than $50,000 or to imprisonment for a term of not more thanone year, or to both, if the person is an individual; or
(b) afine of not more than $1,000,000, if the person is a body corporate.
Commencement and Short Title
Commencement
25(1)Subject to subsection (2), this Act comes into force on the dayit receives Royal Assent.
(2)Sections2 and 4 to 7, subsection 8 (1), sections 9 to 11, 13, 15, 16, 18 and 20, subsections22 (2) and (3) and 23 (2) and section 24 come into force on a day to be namedby proclamation of the Lieutenant Governor.
Shorttitle
26The short title of this Act is the Access to ConsumerCredit Reports and Elevator Availability Act, 2018.