Ontario Labour Mobility Act, 2009, S.O. 2009, c. 24

Link to law: http://www.ontario.ca/laws/statute/09o24
Published: 2015-07-01

Français

Ontario Labour Mobility Act, 2009

S.o. 2009, chapter 24

Consolidation Period:  From July 1, 2015 to the e-Laws currency date.

Last amendment: 2013, c. 6, s. 75.

CONTENTS




PART I
INTERPRETATION




1.


Purposes




2.


Definitions




3.


Monitor




4.


Public Accountants Council




5.


Crown bound




6.


Commitment to Red Seal Program




PART II
LABOUR MOBILITY CODE




7.


Labour Mobility Code




8.


Residency




9.


When applicant is certified by out-of-province regulatory authority




10.


Transition




11.


Duty to publish




12.


Occupational standards




13.


Notice of proposed occupational standards




PART III
CONFLICTS WITH LABOUR MOBILITY CODE




14.


Conflict




15.


Regulations, etc., to conform




PART IV
ENFORCEMENT




Reviews and Requests




16.


Reviews and requests by monitor




Amending, etc., Ontario Regulatory Authority’s Instruments




17.


Power of L.G. in C. to make, amend or revoke instruments




Administrative Penalties




18.


Order to pay administrative penalty




19.


Enforcement of administrative penalty




20.


Debt to Crown




Recovery of Amounts Paid under Agreement on Internal Trade




21.


Right of recovery by Crown




22.


Appeal to court




23.


Enforcement of payment order




24.


Debt to Crown




PART V
REGULATIONS




25.


Regulations made by L.G. in C.




26.


Regulations made by co-ordinating Minister




27.


Regulations made by monitors




Table 1


 





 

Part i
interpretation

Purposes

1. The purposes of this Act are,

(a) to eliminate or reduce measures established or implemented by Ontario regulatory authorities that restrict or impair the ability of an individual to become certified in Ontario in a regulated occupation in which the individual is certified by an out-of-province regulatory authority; and

(b) to support the Government of Ontario in fulfilling its obligations under Chapter Seven of the Agreement on Internal Trade.  2009, c. 24, s. 1.

Definitions

2. (1) In this Act,

“Agreement on Internal Trade” means the Agreement on Internal Trade signed in 1994 by the governments of Canada, the provinces of Canada, the Northwest Territories and the Yukon Territory, as amended from time to time; (“Accord sur le commerce intérieur”)

“authorizing certificate”, in relation to an occupation, means,

(a) a certificate, licence, registration, or other form of official recognition, granted by a regulatory authority to an individual, which attests to the individual being qualified to practise the occupation and authorizes the individual to practise the occupation, use a title or designation relating to the occupation, or both, or

(b) a certificate, licence, registration, or other form of official recognition, granted by a regulatory authority to an individual, which attests to the individual being qualified to practise the occupation but does not authorize the practice of the occupation or the use of a title or designation relating to the occupation, if the occupation and the regulatory authority granting the certificate, licence, registration or other form of official recognition respecting the occupation are prescribed for the purpose of this clause; (“certificat d’autorisation”)

“authorizing statute”, in relation to an Ontario regulatory authority, means the Act that authorizes the Ontario regulatory authority to certify individuals in one or more occupations, as set out opposite the Ontario regulatory authority in Column 2 of Table 1; (“loi habilitante”)

“certify” means to grant an authorizing certificate for an occupation to an individual; (“accréditation”, “reconnaissance professionnelle”, “accréditer”)

“co-ordinating Minister” means the Minister of Training, Colleges and Universities or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; (“ministre coordonnateur”)

“instrument of a legislative nature” includes but is not limited to a regulation, by-law, rule, directive, guideline or order of a legislative nature; (“texte de nature législative”)

“municipal governmental regulatory authority” means an Ontario regulatory authority listed under the heading “Municipal Governmental Regulatory Authorities — Public Acts” in Table 1; (“autorité de réglementation gouvernementale municipale”)

“non-governmental regulatory authority” means an Ontario regulatory authority listed under the heading “Non-Governmental Regulatory Authorities — Private Acts” or “Non-Governmental Regulatory Authorities — Public Acts” in Table 1; (“autorité de réglementation non gouvernementale”)

“occupation” means a set of jobs which, with some variation, are similar in their main tasks or duties or in the type of work performed; (“métier ou profession”)

“occupational standards”, in relation to an occupation, means the knowledge, skills and judgment that an individual must possess in order to be certified in the occupation, as established by a body or individual that is authorized by law to establish them, and against which a regulatory authority measures the qualifications of an individual who applies for certification in the occupation when assessing whether the individual is qualified to practise the occupation; (“normes professionnelles”)

“Ontario regulatory authority” means a body or individual listed in Column 3 of Table 1; (“autorité de réglementation ontarienne”)

“out-of-province regulatory authority” means a regulatory authority that is authorized to certify individuals in an occupation under an Act of Canada or of a province or territory of Canada that is a party to the Agreement on Internal Trade, other than Ontario; (“autorité de réglementation extraprovinciale”)

“prescribed” means prescribed by the regulations made under this Act; (“prescrit”)

“provincial governmental regulatory authority” means an Ontario regulatory authority listed under the heading “Provincial Governmental Regulatory Authorities — Public Acts” in Table 1; (“autorité de réglementation gouvernementale provinciale”)

“regulated occupation” means an occupation for which an Ontario regulatory authority is authorized, under an Act set out opposite the Ontario regulatory authority in Column 2 of Table 1, to grant a specific authorizing certificate to an individual; (“métier ou profession réglementé”)

“regulatory authority” means a body or individual that is authorized by law to certify individuals in an occupation. (“autorité de réglementation”)  2009, c. 24, s. 2 (1).

Same

(2) For greater certainty, the reference in the definition of “out-of-province regulatory authority” in subsection (1) to an Act of Canada that authorizes a regulatory authority to certify individuals in an occupation does not include the Trade-marks Act (Canada).  2009, c. 24, s. 2 (2).

Monitor

Monitor re private Acts

3. (1) For the purposes of this Act, the monitor for a non-governmental regulatory authority whose authorizing statute is a private Act is the individual or body prescribed as the monitor for the regulatory authority.  2009, c. 24, s. 3 (1).

Monitor re public Acts

(2) For the purposes of this Act, the monitor for a non-governmental regulatory authority whose authorizing statute is a public Act is,

(a) if no monitor has been prescribed for the regulatory authority,

(i) the member of the Executive Council who is responsible for the administration of the public Act, or

(ii) if more than one member of the Executive Council is responsible for the administration of the public Act, the member who is responsible for the administration of the public Act in respect of the regulatory authority; or

(b) if a monitor has been prescribed for the regulatory authority, the individual or body prescribed as the monitor.  2009, c. 24, s. 3 (2).

Public Accountants Council

4. For the purpose of every section of this Act, other than sections 8 and 9, The Public Accountants Council for the Province of Ontario shall be deemed to be a non-governmental regulatory authority and its authorizing statute shall be deemed to be the Public Accounting Act, 2004.  2009, c. 24, s. 4.

Crown bound

5. This Act binds the Crown.  2009, c. 24, s. 5.

Commitment to Red Seal Program

6. Nothing in this Act restricts the Crown from taking any action that it considers advisable in order to fulfil its ongoing commitment to the Interprovincial Standards Red Seal Program.  2009, c. 24, s. 6.

Part iI
labour mobility Code

Labour Mobility Code

7. This Part shall be known in English as the Labour Mobility Code and in French as Code de mobilité de la main-d’oeuvre.  2009, c. 24, s. 7.

Residency

Ontario residency cannot be required

8. (1) No Ontario regulatory authority shall require that an individual reside in Ontario as a condition of being certified in a regulated occupation, if the individual resides in another province or territory of Canada that is a party to the Agreement on Internal Trade.  2009, c. 24, s. 8 (1).

Residency in municipality cannot be required

(2) No municipal governmental regulatory authority shall require that an individual reside in its geographic area of jurisdiction as a condition of eligibility for employment, if the individual resides in a province or territory of Canada that is a party to the Agreement on Internal Trade.  2009, c. 24, s. 8 (2).

When applicant is certified by out-of-province regulatory authority

9. (1) This section applies if an individual applying to an Ontario regulatory authority for certification in a regulated occupation is already certified in the same occupation by an out-of-province regulatory authority.  2009, c. 24, s. 9 (1).

Material additional training, etc., cannot be required

(2) The Ontario regulatory authority shall not require, as a condition of certifying the individual in the regulated occupation, that the individual have, undertake, obtain or undergo any material additional training, experience, examinations or assessments.  2009, c. 24, s. 9 (2).

Exception, certification requirements listed on website

(3) Despite subsection (2), the Ontario regulatory authority is not prohibited from imposing on the individual, as a condition of certifying the individual in the regulated occupation, any requirement that,

(a) is listed on the website of the Ministry of Training, Colleges and Universities or such other publicly accessible website as may be prescribed; and

(b) is stated on the website to be a permissible certification requirement for that regulated occupation, adopted by the Government of Ontario under Article 708 of the Agreement on Internal Trade.  2009, c. 24, s. 9 (3).

Other exceptions

(4) Despite subsection (2), if the conditions set out in subsection (6) are met, the Ontario regulatory authority is not prohibited from requiring that the individual do one or both of the following as a condition of being certified in the regulated occupation:

1. Demonstrate proficiency in English or in French if equivalent proficiency in the language was not a condition of certification of the individual by the out-of-province regulatory authority.

2. Undertake, obtain or undergo material additional training, experience, examinations or assessments if the individual has not practised the regulated occupation within a period of time fixed by the Ontario regulatory authority, before submitting his or her application for certification to the Ontario regulatory authority.  2009, c. 24, s. 9 (4).

Other permitted certification requirements

(5) Subsection (2) does not prohibit the Ontario regulatory authority from requiring that the individual do one or more of the following as a condition of being certified in the regulated occupation:

1. If the conditions set out in subsection (6) are met:

i. Pay an application or processing fee.

ii. Obtain malpractice insurance or any other insurance or similar protection.

iii. Post a bond.

iv. Undergo a criminal background check.

v. Provide evidence of good character.

2. If the condition set out in paragraph 2 of subsection (6) is met, provide a certificate, letter or other evidence from every out-of-province regulatory authority by which the individual is currently certified in the occupation, confirming that the authorizing certificate that the regulatory authority granted to the individual for the occupation is in good standing.

3. If the conditions set out in subsection (6) are met, demonstrate knowledge of matters applicable to the practice of the regulated occupation in Ontario, as long as this does not involve material additional training, experience, examinations or assessments.

4. If the conditions set out in subsection (6) are met, meet any other requirement specified by the Ontario regulatory authority that does not involve material additional training, experience, examinations or assessments.  2009, c. 24, s. 9 (5).

Conditions for subss. (4) and (5)

(6) The conditions referred to in subsections (4) and (5) are:

1. Subject to subsection (9), the requirement imposed by the Ontario regulatory authority on applicants who are certified by an out-of-province regulatory authority must be the same as, or substantially similar to but no more onerous than, the requirement imposed by the Ontario regulatory authority on applicants who are not certified by an out-of-province regulatory authority.

2. The requirement imposed by the Ontario regulatory authority must not be a disguised restriction on labour mobility.  2009, c. 24, s. 9 (6).

Permitted measures

(7) This section does not prohibit the Ontario regulatory authority from carrying out the following measures in respect of the individual if the conditions set out in subsection (8) are met:

1. Refusing to certify the individual or imposing terms, conditions or limitations on the individual’s authorizing certificate if, in the opinion of the Ontario regulatory authority, such action is necessary to protect the public interest as a result of complaints, or criminal, disciplinary or other proceedings, against the individual in any jurisdiction whether in or outside Canada, relating to the individual’s competency, conduct or character.

2. If the authorizing certificate granted to the individual by the out-of-province regulatory authority is subject to a term, condition or limitation,

i. imposing an equivalent term, condition or limitation on the authorizing certificate to be granted by the Ontario regulatory authority to the individual, or

ii. refusing to certify the individual, if the Ontario regulatory authority does not impose an equivalent term, condition or limitation on the authorizing certificate that it grants for the occupation.  2009, c. 24, s. 9 (7).

Conditions for subs. (7)

(8) The conditions referred to in subsection (7) are:

1. Subject to subsection (9), the measure carried out by the Ontario regulatory authority with respect to applicants who are certified by an out-of-province regulatory authority must be the same as, or substantially similar to but no more onerous than, the measure carried out by the Ontario regulatory authority with respect to applicants who are not certified by an out-of-province regulatory authority.

2. The measure carried out by the Ontario regulatory authority must not be a disguised restriction on labour mobility.  2009, c. 24, s. 9 (8).

Costs

(9) The Ontario regulatory authority shall ensure that any requirements it imposes on the individual, and any measures it carries out with respect to the individual, in connection with the certification of the individual in the regulated occupation do not result in the imposition on the individual of fees or other costs that are more onerous than those the Ontario regulatory authority would impose if the individual were not certified by an out-of-province regulatory authority, unless the difference in such fees or other costs reflects the actual cost differential to the Ontario regulatory authority.  2009, c. 24, s. 9 (9).

Expeditious certification

(10) The Ontario regulatory authority shall ensure that its imposition of certification requirements on the individual under subsections (3), (4) and (5) and its imposition of terms, conditions or limitations on the individual’s authorizing certificate under subsection (7) do not prevent the expeditious certification of the individual.  2009, c. 24, s. 9 (10).

Transition

10. Sections 8 and 9 apply to,

(a) an application for certification made to an Ontario regulatory authority on or after the day this section comes into force; and

(b) an application for certification made to an Ontario regulatory authority before the day this section comes into force, if the application has not been finally decided before that day.  2009, c. 24, s. 10.

Duty to publish

11. Every Ontario regulatory authority shall publish, on a publicly accessible website maintained by the regulatory authority, every requirement that the regulatory authority imposes, as a condition of certification in a regulated occupation, on applicants who are already certified in the same occupation by an out-of-province regulatory authority.  2009, c. 24, s. 11.

Occupational standards

12. (1) Every Ontario regulatory authority shall, to the extent possible and where practical,

(a) ensure that the process it follows in establishing or amending occupational standards for the occupations for which it is authorized to grant an authorizing certificate is conducive to labour mobility within Canada;

(b) take steps to reconcile differences between the occupational standards it has established for an occupation and occupational standards in effect with respect to the same occupation in the other provinces and territories of Canada that are parties to the Agreement on Internal Trade; and

(c) ensure that the occupational standards it establishes for each occupation for which it is authorized to grant an authorizing certificate are consistent with such common interprovincial or international occupational standards as may have been developed for that occupation, including occupational standards developed under the Interprovincial Standards Red Seal Program.  2009, c. 24, s. 12 (1).

No limitation

(2) Subsection (1) does not prevent an Ontario regulatory authority from establishing such occupational standards as it considers appropriate to protect the public, if it is authorized to do so by its authorizing statute.  2009, c. 24, s. 12 (2).

Notice of proposed occupational standards

13. If an Ontario regulatory authority wishes to establish or amend occupational standards for an occupation for which it is authorized to grant authorizing certificates, it shall,

(a) give notice of the proposed new or amended standards to,

(i) its monitor, if any,

(ii) the co-ordinating Minister, and

(iii) the out-of-province regulatory authorities that grant authorizing certificates in the same occupation; and

(b) afford those out-of-province regulatory authorities an opportunity to comment on the development of the new or amended standards.  2009, c. 24, s. 13.

Part iII
conflicts with labour mobility code

Conflict

14. (1) If the Labour Mobility Code conflicts with an Ontario regulatory authority’s authorizing statute or an instrument of a legislative nature made under that statute, the Labour Mobility Code prevails to the extent of the conflict.  2009, c. 24, s. 14 (1).

Same

(2) This conflict provision prevails over a conflict provision in an Ontario regulatory authority’s authorizing statute, even if the conflict provision in the authorizing statute is enacted after this Act, unless the conflict provision in the authorizing statute refers expressly to the Labour Mobility Code.  2009, c. 24, s. 14 (2).

Regulations, etc., to conform

15. Within 12 months after the day this section comes into force or within such longer period as may be prescribed, every non-governmental and provincial governmental regulatory authority shall take such steps as are within its power to make, amend or revoke instruments of a legislative nature under its authorizing statute so that they conform with the Labour Mobility Code.  2009, c. 24, s. 15.

Part iV
enforcement

Reviews and Requests

Reviews and requests by monitor

16. (1) The monitor for a non-governmental regulatory authority may do one or more of the following:

1. Review the instruments of a legislative nature under the regulatory authority’s authorizing statute in order to assess their conformity with the Labour Mobility Code.

2. Request the regulatory authority to take such steps as are within its power to make, amend or revoke an instrument of a legislative nature under its authorizing statute so that the instrument conforms with the Labour Mobility Code.

3. Review the certification processes and practices of the regulatory authority in order to assess their compliance with the Labour Mobility Code.

4. Request the regulatory authority to provide information and reports with respect to any matter relating to compliance with the Labour Mobility Code or any matter relating to the administration of Chapter Seven of the Agreement on Internal Trade.

5. Request the regulatory authority to do anything that, in the opinion of the monitor, is necessary or advisable to implement, or carry out the intent and purposes of, the Labour Mobility Code or a decision of a presiding body established or convened under the Agreement on Internal Trade.

6. If the Lieutenant Governor in Council makes an order in council under subsection 17 (1), request the regulatory authority to publish it in accordance with the monitor’s directions.  2009, c. 24, s. 16 (1).

Duty to comply

(2) If the monitor requests the regulatory authority to do anything under subsection (1), the regulatory authority shall comply with the request within such time and in such manner as the monitor may specify.  2009, c. 24, s. 16 (2).

Amending, etc., Ontario Regulatory Authority’s Instruments

Power of L.G. in C. to make, amend or revoke instruments

17. (1) If the monitor for a non-governmental regulatory authority makes a request under paragraph 2 of subsection 16 (1) and the regulatory authority does not comply with the request within the time and in the manner specified by the monitor, the Lieutenant Governor in Council may make, amend or revoke the instrument in question for the purpose of ensuring that it conforms with the Labour Mobility Code,

(a) by regulation under the regulatory authority’s authorizing statute, if the authorizing statute is a public Act and the instrument in question is required to be published on the e-Laws website because of the application of Part III of the Legislation Act, 2006;

(b) by order in council under the regulatory authority’s authorizing statute, if the authorizing statute is a public Act and the instrument in question is not required to be published on the e-Laws website because of the non-application of Part III of the Legislation Act, 2006; or

(c) by order in council under this Act, if the regulatory authority’s authorizing statute is a private Act.  2009, c. 24, s. 17 (1).

Subject matter

(2) A regulation or an order in council under subsection (1) may be made with respect to any matter in respect of which the regulatory authority’s authorizing statute authorizes the instrument in question to be made.  2009, c. 24, s. 17 (2).

Authority to override

(3) In addition to the authority set out in subsection (2), a regulation or an order in council under subsection (1) may,

(a) prescribe provisions to operate in place of a provision of the regulatory authority’s authorizing statute or of any other instrument of a legislative nature made under that statute; and

(b) may state that it applies despite a provision of the regulatory authority’s authorizing statute or of any other instrument of a legislative nature made under that statute.  2009, c. 24, s. 17 (3).

Conflict

(4) If a provision of a regulation or of an order in council made by the Lieutenant Governor in Council under subsection (1) conflicts with a provision of the regulatory authority’s authorizing statute or of any other instrument of a legislative nature made under that statute, the provision of the regulation or order in council made by the Lieutenant Governor in Council under subsection (1) prevails to the extent of the conflict.  2009, c. 24, s. 17 (4).

Legislation Act, 2006

(5) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order in council made under subsection (1).  2009, c. 24, s. 17 (5).

Administrative Penalties

Order to pay administrative penalty

18. (1) If the monitor for a non-governmental regulatory authority believes that the regulatory authority has contravened subsection 16 (2), the monitor may serve an order on the regulatory authority ordering it to pay an administrative penalty in accordance with the regulations made under this Act.  2009, c. 24, s. 18 (1).

Purpose of administrative penalty

(2) An administrative penalty may be ordered under subsection (1) to encourage compliance with a request made under subsection 16 (1).  2009, c. 24, s. 18 (2).

Content of order

(3) An order under subsection (1) shall,

(a) describe the regulatory authority’s contravention;

(b) specify the amount of the administrative penalty that the monitor is ordering the regulatory authority to pay, specify that it must be paid to the Minister of Finance, and specify the time within which and the manner in which it must be paid; and

(c) state that the regulatory authority may apply in accordance with subsection (8) for a review of the order by the co-ordinating Minister or his or her designate.  2009, c. 24, s. 18 (3).

Notice of intent to issue order

(4) A monitor shall not serve an order on a regulatory authority under subsection (1) unless, before doing so, he or she serves notice on the regulatory authority of the intent to issue the order and gives the regulatory authority an opportunity to make written submissions with respect to the proposed order in accordance with subsection (7).  2009, c. 24, s. 18 (4).

One-year limitation

(5) A notice of intent shall not be served under subsection (4) more than one year after the regulatory authority’s alleged contravention first came to the knowledge of the monitor.  2009, c. 24, s. 18 (5).

Content of notice of intent

(6) A notice of intent under subsection (4) shall,

(a) describe the regulatory authority’s alleged contravention;

(b) state that the regulatory authority may make written submissions to the monitor in accordance with subsection (7).  2009, c. 24, s. 18 (6).

Written submissions

(7) A regulatory authority that is served with a notice of intent under subsection (4) may make written submissions to the monitor to explain any matter set out in the notice of intent, within 30 days after the day the notice of intent was served on the regulatory authority or within such longer period as may be specified in the notice of intent.  2009, c. 24, s. 18 (7).

Application for review

(8) An application for review of an order to pay an administrative penalty must be in a form approved by the monitor and must be served on the co-ordinating Minister,

(a) within 15 days after the day the order was served on the regulatory authority; or

(b) if the co-ordinating Minister or his or her designate considers it appropriate in the circumstances to extend the time for applying, within such longer period as the co-ordinating Minister or his or her designate specifies.  2009, c. 24, s. 18 (8).

If no review requested

(9) If a regulatory authority that has been served with an order to pay an administrative penalty does not apply for a review in accordance with subsection (8), the regulatory authority shall pay the administrative penalty specified in the order to the Minister of Finance within the time and in the manner specified in the order.  2009, c. 24, s. 18 (9).

If review requested

(10) If a regulatory authority that has been served with an order to pay an administrative penalty applies for a review in accordance with subsection (8), the co-ordinating Minister or his or her designate shall conduct the review in accordance with the regulations made under this Act.  2009, c. 24, s. 18 (10).

Decision

(11) Upon a review, the person conducting the review may,

(a) find that the regulatory authority did not contravene subsection 16 (2) and rescind the order;

(b) find that the regulatory authority did contravene subsection 16 (2) and affirm the order; or

(c) find that although the regulatory authority did contravene subsection 16 (2), the amount of the administrative penalty specified in the order is excessive in the circumstances or is, by its magnitude, punitive in nature having regard to all the circumstances, and amend the order by reducing the amount of the penalty.  2009, c. 24, s. 18 (11).

Decision final

(12) A decision under subsection (11) is final.  2009, c. 24, s. 18 (12).

Payment after review

(13) If the person conducting the review finds that the regulatory authority did contravene subsection 16 (2), the regulatory authority shall pay the administrative penalty specified in the decision to the Minister of Finance within the time and in the manner specified in the decision.  2009, c. 24, s. 18 (13).

Other means not a bar

(14) An order may be served under subsection (1) and a decision may be made under clause (11) (b) or (c) even though a payment order has been or may be issued to the regulatory authority under section 21 with respect to the same contravention.  2009, c. 24, s. 18 (14).

Enforcement of administrative penalty

19. (1) If a regulatory authority that is required to pay an administrative penalty under subsection 18 (9) or (13) fails to pay it within the time specified in the order of the monitor or in the decision of the person who conducted the review, as the case may be, the order or the decision, as the case may be, may be filed with a local registrar of the Superior Court of Justice and may be enforced as if it were an order of the court.  2009, c. 24, s. 19 (1).

Interest

(2) Section 129 of the Courts of Justice Act applies in respect of an order or decision filed with the Superior Court of Justice under subsection (1), and the date on which the order or decision is filed under subsection (1) shall be deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act.  2009, c. 24, s. 19 (2).

Debt to Crown

20. If a regulatory authority that is required to pay an administrative penalty under subsection 18 (9) or (13) fails to pay it within the time specified in the order of the monitor or in the decision of the person who conducted the review, as the case may be, the unpaid amount of the administrative penalty is a debt due to the Crown in right of Ontario and may be recovered by any remedy or procedure available to the Crown by law.  2009, c. 24, s. 20.

Recovery of Amounts Paid under Agreement on Internal Trade

Right of recovery by Crown

21. (1) If the Crown in right of Ontario is ordered to pay a penalty or tariff costs under a final order made by a presiding body established or convened under the Agreement on Internal Trade, and the order is wholly or partially the result of non-compliance by a municipal governmental regulatory authority with the Labour Mobility Code, non-compliance by a non-governmental regulatory authority with the Labour Mobility Code and with subsection 16 (2), or non-compliance by a College, as defined in the Regulated Health Professions Act, 1991, with any of sections 22.15 to 22.23 of Schedule 2 to that Act and with subsection 5 (2) of that Act, the Crown has the right to recover from the regulatory authority or the College, as the case may be, the amount paid by the Crown under the presiding body’s final order.  2009, c. 24, s. 21 (1).

Payment order

(2) Where the Crown in right of Ontario has a right of recovery against a regulatory authority or a College under subsection (1), the co-ordinating Minister may issue a payment order to the regulatory authority or the College, as the case may be, ordering it to pay to the Minister of Finance all or part of the amount referred to in subsection (1) paid by the Crown under the presiding body’s final order.  2009, c. 24, s. 21 (2).

Content of payment order

(3) A payment order issued by the co-ordinating Minister under subsection (2) shall,

(a) set out the amount paid by the Crown in right of Ontario under the presiding body’s final order;

(b) describe the non-compliance of the regulatory authority or the College that resulted in the presiding body’s final order;

(c) specify the amount that the co-ordinating Minister is ordering the regulatory authority or the College to pay, specify that it must be paid to the Minister of Finance, and specify the time within which and the manner in which it must be paid; and

(d) state that the regulatory authority or the College may appeal the payment order to the Superior Court of Justice on a question of law or fact or both, in accordance with the rules of court.  2009, c. 24, s. 21 (3).

Other means not a bar

(4) A payment order may be issued under subsection (2) to a non-governmental regulatory authority even though an order to pay an administrative penalty has been or may be served on the regulatory authority under subsection 18 (1), and even though a decision has been or may be made under clause 18 (11) (b) or (c), with respect to the same contravention.  2009, c. 24, s. 21 (4).

If no appeal brought

(5) If a regulatory authority or College to which a payment order is issued under subsection (2) does not appeal the payment order to the Superior Court of Justice in accordance with the rules of court, the regulatory authority or the College, as the case may be, shall pay the amount specified in the payment order to the Minister of Finance within the time and in the manner specified in the payment order.  2009, c. 24, s. 21 (5).

Appeal to court

22. (1) A regulatory authority or College to which a payment order is issued under section 21 may appeal the payment order to the Superior Court of Justice on a question of law or fact or both, in accordance with the rules of court.  2009, c. 24, s. 22 (1).

Co-ordinating Minister is party

(2) The co-ordinating Minister is a party to every appeal under this section.  2009, c. 24, s. 22 (2).

Powers of court

(3) On an appeal under this section, the court may affirm, rescind or alter the payment order appealed from and may exercise all powers of the co-ordinating Minister under section 21 and may direct the co-ordinating Minister to take any action which the co-ordinating Minister may take under section 21 and as the court considers proper, and for such purposes the court may substitute its opinion for that of the co-ordinating Minister or the court may refer the matter back to the co-ordinating Minister for reconsideration, in whole or in part, in accordance with such directions as the court considers proper.  2009, c. 24, s. 22 (3).

Enforcement of payment order

23. (1) If a regulatory authority or College fails to pay the amount specified in a payment order as required by subsection 21 (5), the payment order may be filed with a local registrar of the Superior Court of Justice and may be enforced as if it were an order of the court.  2009, c. 24, s. 23 (1).

Interest

(2) Section 129 of the Courts of Justice Act applies in respect of a payment order filed with the Superior Court of Justice under subsection (1), and the date on which the payment order is filed under subsection (1) shall be deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act.  2009, c. 24, s. 23 (2).

Debt to Crown

24. If a regulatory authority or College fails to pay the amount specified in a payment order as required by subsection 21 (5), or fails to pay the amount specified by the court within the time specified by the court on an appeal under section 22, the unpaid amount is a debt due to the Crown in right of Ontario and may be recovered by any remedy or procedure available to the Crown by law.  2009, c. 24, s. 24.

Part V
regulations

Regulations made by L.G. in C.

25. The Lieutenant Governor in Council may make regulations,

(a) prescribing an individual or body as the monitor for a non-governmental regulatory authority for the purposes of this Act;

(b) governing the administrative penalties that may be ordered under this Act and all matters necessary and incidental to the administration of a system of administrative penalties under this Act, including,

(i) prescribing the amount of an administrative penalty or providing for the determination of the amount of an administrative penalty by prescribing the method of calculating the amount and the criteria to be considered in determining the amount,

(ii) providing for different amounts to be paid, or different calculations or criteria to be used, depending on the circumstances that gave rise to the administrative penalty or the time at which the penalty is paid,

(iii) providing for the payment of lump sum amounts and daily amounts and prescribing the circumstances in which each type of amount may be required,

(iv) prescribing the maximum amount of an administrative penalty, whether a lump sum amount or daily amount and, in the case of a daily amount, prescribing the maximum number of days for which the daily amount may be required,

(v) prescribing additional information that must be included in an order for payment of an administrative penalty or a notice of intent to issue the order, and

(vi) governing the review by the co-ordinating Minister or his or her designate of an order for payment of an administrative penalty;

(c) defining, for the purposes of this Act and the regulations, any word or expression that is used but not defined in this Act;

(d) prescribing anything that is referred to in this Act as prescribed or that is required or permitted to be done in accordance with, or as provided in, the regulations made under this Act and for which a specific power is not otherwise provided in this Act.  2009, c. 24, s. 25.

Regulations made by co-ordinating Minister

26. The co-ordinating Minister may make regulations,

(a) for the purpose of clause (b) of the definition of “authorizing certificate” in subsection 2 (1), prescribing one or more occupations and, for each occupation, prescribing one or more regulatory authorities that grant individuals a certificate, licence, registration or other form of official recognition that attests to the individual being qualified to practise the occupation but does not authorize the practice of the occupation or the use of a title or designation relating to the occupation;

(b) prescribing a different publicly accessible website for the purpose of clause 9 (3) (a);

(c) amending Table 1 in any way, including,

(i) adding a statute to, removing a statute from, or changing the title of a statute in Column 2, and

(ii) adding a regulatory authority to, removing a regulatory authority from, or changing the name of a regulatory authority in Column 3;

(d) providing for any transitional matters that arise out of any amendment of Table 1.  2009, c. 24, s. 26.

Regulations made by monitors

27. Subject to the approval of the Lieutenant Governor in Council, the monitor for an Ontario regulatory authority may make a regulation prescribing a longer period for the Ontario regulatory authority for the purpose of section 15.  2009, c. 24, s. 27.

part vi (omitted)

28., 29. Omitted (amends, repeals or revokes other legislation).  2009, c. 24, ss. 28, 29.

30., 31. Omitted (provides for amendments to this Act).  2009, c. 24, ss. 30, 31.

32.-35. Omitted (amends, repeals or revokes other legislation).  2009, c. 24, ss. 32-35.

part viI (omitted)

36. Omitted (provides for coming into force of provisions of this Act).  2009, c. 24, s. 36.

37. Omitted (enacts short title of this Act).  2009, c. 24, s. 37.

TABLE 1


Non-governmental regulatory authorities — Private Acts




Column 1
Item


Column 2
Authorizing Statute


Column 3
Ontario Regulatory Authority




1.


Association of Architectural Technologists of Ontario Act, 1996


Association of Architectural Technologists of Ontario




2.


Association of the Chemical Profession of Ontario Act, 1984


Association of the Chemical Profession of Ontario




3.


Association of Municipal Clerks and Treasurers of Ontario Act, 1985


Association of Municipal Clerks and Treasurers of Ontario




4.


Association of Ontario Road Superintendents Act, 1996


Association of Ontario Road Supervisors




5.


Association of Registered Graphic Designers of Ontario Act, 1996


The Association of Registered Graphic Designers of Ontario




6.


Association of Registered Interior Designers of Ontario Act, 1984


The Association of Registered Interior Designers of Ontario




7.


Association of Translators and Interpreters of Ontario Act, 1989


Association of Translators and Interpreters of Ontario




8.


Repealed:  2009, c. 24, s. 31 (3).




9.


Chartered Industrial Designers Act, 1984


Association of Chartered Industrial Designers of Ontario




10.


Chartered Institute of Marketing Management of Ontario Act, 1988


The Chartered Institute of Marketing Management of Ontario




11.


The Chartered Secretaries of Ontario Act, 1958


The Institute of Chartered Secretaries and Administrators in Ontario




12.


Repealed: 2013, c. 6, s. 75 (1).




13.


Institute of Management Consultants of Ontario Act, 1983


Institute of Certified Management Consultants of Ontario




14.


Institute of Municipal Assessors Act, 1987


Institute of Municipal Assessors




15.


Municipal Law Enforcement Officers’ Association (Ontario) Inc. Act, 1997


Municipal Law Enforcement Officers’ Association (Ontario) Inc.




16.


Ontario Association of Certified Engineering Technicians and Technologists Act, 1998


Ontario Association of Certified Engineering Technicians and Technologists




17.


Ontario Association of Home Inspectors Act, 1994


Ontario Association of Home Inspectors




18.


Ontario Association of Landscape Architects Act, 1984


The Ontario Association of Landscape Architects




19.


Ontario Association of Property Standards Officers Act, 1992


Ontario Association of Property Standards Officers




20.


Ontario Association of Veterinary Technicians Act, 1993


Ontario Association of Veterinary Technicians




21.


Ontario Building Officials Association Act, 1992


Ontario Building Officials Association




22.


Ontario Home Economics Association Act, 1989


Ontario Home Economics Association




23.


Ontario Institute of the Purchasing Management Association of Canada Inc. Act, 1987


Ontario Institute of the Purchasing Management Association of Canada Inc.




24.


Ontario Professional Planners Institute Act, 1994


Ontario Professional Planners Institute




25.


The Ontario Registered Music Teachers’ Association Act, 1946


The Ontario Registered Music Teachers’ Association




26.


Repealed:  2009, c. 24, s. 31 (4).




Non-governmental regulatory authorities — Public Acts




27.


Architects Act


Ontario Association of Architects




27.1


Certified General Accountants Act, 2009


The Certified General Accountants Association of Ontario




27.2


Certified Management Accountants Act, 2009


Certified Management Accountants of Ontario




28.


Chartered Accountants Act, 2009


The Institute of Chartered Accountants of Ontario




28.1


Commodity Futures Act


Ontario Securities Commission




29.


Repealed: 2009, c. 24, s. 30 (1).




30.


Early Childhood Educators Act, 2007


College of Early Childhood Educators




31.


Funeral, Burial and Cremation Services Act, 2002


Registrar appointed by the deputy minister to the Minister responsible for the administration of the Act




Note:  On the later of the day section 3 of the Funeral, Burial and Cremation Services Act, 2002 comes into force and the day subsection 50 (2) of the Delegated Administrative Authorities Act, 2012 comes into force, item 31 is repealed and the following substituted:




31.


Funeral, Burial and Cremation Services Act, 2002


Registrar appointed by the deputy minister to the Minister responsible for the administration of the authorizing statute, or by the delegated administrative authority prescribed under clause 4 (1) (b) of the Delegated Administrative Authorities Act, 2012 in relation to the authorizing statute




See:  2012, c. 8, Sched. 11, ss. 50 (1), 54 (4).




31.1


Insurance Act


Financial Services Commission of Ontario




32.


Law Society Act


The Law Society of Upper Canada




32.1


Mortgage Brokerages, Lenders and Administrators Act, 2006


Financial Services Commission of Ontario




33.


Ontario College of Teachers Act, 1996


Ontario College of Teachers




33.1


Ontario College of Trades and Apprenticeship Act, 2009


Ontario College of Trades




34.


Professional Engineers Act


Association of Professional Engineers of Ontario




35.


Professional Foresters Act, 2000


Ontario Professional Foresters Association




36.


Professional Geoscientists Act, 2000


Association of Professional Geoscientists of Ontario




37.


Public Accounting Act, 2004


The Certified General Accountants Association of Ontario




38.


Public Accounting Act, 2004


The Institute of Chartered Accountants of Ontario




39.


Public Accounting Act, 2004


Certified Management Accountants of Ontario




39.1


Registered Insurance Brokers Act


Registered Insurance Brokers of Ontario




39.0.1


Registered Human Resources Professionals Act, 2013


Human Resources Professionals Association




39.2


Securities Act


Ontario Securities Commission




40.


Social Work and Social Service Work Act, 1998


Ontario College of Social Workers and Social Service Workers




41.


Surveyors Act


Association of Ontario Land Surveyors




42.


Veterinarians Act


College of Veterinarians of Ontario




municipal Governmental regulatory authorities — Public Acts 




43.


City of Toronto Act, 2006


City of Toronto (the municipal corporation)




44.


Municipal Act, 2001


Each municipality, as defined in the authorizing statute (the municipal corporation), other than the City of Toronto




provincial Governmental regulatory authorities — Public Acts




45.


Ambulance Act


Director of the Emergency Health Services Branch of the Ministry of Health and Long-Term Care




46.


Revoked: O. Reg. 129/13, s. 1 (2).




47.


Building Code Act, 1992


Director, as defined in subsection 1 (1) of the authorizing statute




48.


Crown Forest Sustainability Act, 1994


Minister responsible for the administration of the authorizing statute




49.


Education Act


Minister of Education




50.


Electricity Act, 1998, Part VIII


The administrative authority designated under subsection 3 (2) of the Safety and Consumer Statutes Administration Act, 1996 or, if there is no designated administrative authority, the Minister responsible for the administration of the authorizing statute




Note:  On a day to be named by proclamation of the Lieutenant Governor, item 50 is repealed and the following substituted:




50.


Electricity Act, 1998, Part VIII


Electrical Safety Authority




See:  2012, c. 8, Sched. 11, ss. 50 (2), 54 (1).




51.


Environmental Protection Act


Director, as defined in subsection 1 (2) of the authorizing statute




52.


Motor Vehicle Dealers Act, 2002


The administrative authority designated under subsection 3 (2) of the Safety and Consumer Statutes Administration Act, 1996
or, if there is no designated administrative authority, the Minister responsible for the administration of the authorizing statute




Note:  On a day to be named by proclamation of the Lieutenant Governor, item 52 is repealed and the following substituted:




52.


Motor Vehicle Dealers Act, 2002


The delegated administrative authority prescribed under clause 4 (1) (b) of the Delegated Administrative Authorities Act, 2012 in relation to the authorizing statute or, if there is no administrative authority, the Minister responsible for the administration of the authorizing statute




See:  2012, c. 8, Sched. 11, ss. 50 (2), 54 (1).




53.


Nutrient Management Act, 2002


Director, as defined in section 2 of the authorizing statute




54.


Ontario Heritage Act


Minister of Culture




55.


Ontario Water Resources Act


Director, as defined in subsection 1 (1) of the authorizing statute




56.


Pesticides Act


Director, as defined in subsection 1 (2) of the authorizing statute




56.1


Private Security and Investigative Services Act, 2005


Registrar, as defined in section 1 of the authorizing statute




57.


Real Estate and Business Brokers Act, 2002


The administrative authority designated under subsection 3 (2) of the Safety and Consumer Statutes Administration Act, 1996
or, if there is no designated administrative authority, the Minister responsible for the administration of the authorizing statute




Note:  On a day to be named by proclamation of the Lieutenant Governor, item 57 is repealed and the following substituted:




57.


Real Estate and Business Brokers Act, 2002


The delegated administrative authority prescribed under clause 4 (1) (b) of the Delegated Administrative Authorities Act, 2012 in relation to the authorizing statute or, if there is no administrative authority, the Minister responsible for the administration of the authorizing statute




See:  2012, c. 8, Sched. 11, ss. 50 (2), 54 (1).




58.


Safe Drinking Water Act, 2002


Director, within the meaning of subsection 2 (2) of the authorizing statute




59.


Technical Standards and Safety Act, 2000


The administrative authority designated under subsection 3 (2) of the Safety and Consumer Statutes Administration Act, 1996 or, if there is no designated administrative authority, the Minister responsible for the administration of the authorizing statute




Note:  On a day to be named by proclamation of the Lieutenant Governor, item 59 is repealed and the following substituted:




59.


Technical Standards and Safety Act, 2000


Technical Standards and Safety Authority




See:  2012, c. 8, Sched. 11, ss. 50 (2), 54 (1).




60.


Revoked: O. Reg. 129/13, s. 1 (2).




2009, c. 24, Table 1; 2009, c. 24, ss. 30, 31; O. Reg. 333/11, ss. 1, 2; O. Reg. 129/13, s. 1; 2013, c. 6, s. 75.

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