O. Reg. 214/11: GENERAL


Published: 2011-06-03

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ontario regulation 214/11

made under the

Toxics Reduction Act, 2009

Made: June 1, 2011
Filed: June 3, 2011
Published on e-Laws: June 7, 2011
Printed in The Ontario Gazette: June 18, 2011

Amending O. Reg. 455/09

(General)

1. Subsection 1 (1) of Ontario Regulation 455/09 is amended by adding the following definitions:

“licence” means a toxic substance reduction planner’s licence issued under section 27.1;

“toxic substance reduction planner” means, with respect to a toxic substance reduction plan, an individual,

(a) who has the required qualifications for the purposes of signing the certification required under subsection 4 (3) of the Act with respect to the plan, and

(b) who holds a valid licence at the time he or she signs the certification.

2. Clause 4 (2) (b) of the Regulation is revoked and the following substituted:

(b) a facility identified by a NAICS code commencing with the digits “212” that processes minerals, but only if the mineral processing at the facility involves the use of chemicals to separate, concentrate, smelt or refine metallic or non-metallic minerals from an ore.

3. Subsection 9 (6) of the Regulation is revoked and the following substituted:

(6) Subject to subsection (6.1), a record submitted under this section shall contain a certification signed by the highest ranking employee at the facility who has management responsibilities relating to the facility, stating the following:

As of [insert date], I, [insert name], certify that I have read the record created for the purposes of section 9 of Ontario Regulation 455/09 (General) made under the Toxics Reduction Act, 2009 in respect of the use and creation of the toxic substance referred to below at [insert name of facility] and am familiar with its contents and to my knowledge it is factually accurate.

[insert toxic substance]

(6.1) Records submitted under this section in respect of two or more toxic substance reduction plans for a facility may be contained in a single document and, if that is done, the certifications required by subsection (6) may be combined into a single certification stating the following:

As of [insert date], I, [insert name], certify that I have read the records created for the purposes of section 9 of Ontario Regulation 455/09 (General) made under the Toxics Reduction Act, 2009 in respect of the use and creation of the toxic substances referred to below at [insert name of facility] and am familiar with their contents and to my knowledge they are factually accurate.

[insert list of toxic substances]

4. The Regulation is amended by adding the following section before the heading “Toxic Substance Reduction Plans — Timing”:

Exemption, criteria met in 2010 but not 2011

11.0.1 If the criteria listed in subsection 3 (1) of the Act are met with respect to a facility and a toxic substance in 2010 but not in 2011, subsection 3 (1) of the Act,

(a) ceases to apply to the facility with respect to the toxic substance on June 2, 2011; and

(b) does not apply again until the first year after 2011 in which the criteria set out in subsection 3 (1) of the Act are met.

5. Subsection 11.1 (2) of the Regulation is revoked and the following substituted:

(2) Despite subsection (1), if subsection 3 (1) of the Act applies in 2010, the toxic substance reduction plan for the toxic substance shall be prepared on or after June 1, 2012, but no later than December 31, 2012.

6. Subsection 11.2 (3) of the Regulation is revoked and the following substituted:

(3) Subject to subsection (3.1), a record submitted under this section shall contain a certification signed by the highest ranking employee at the facility who has management responsibilities relating to the facility, stating the following:

As of [insert date], I, [insert name], certify that I have read the record created for the purposes of section 11.2 of Ontario Regulation 455/09 (General) made under the Toxics Reduction Act, 2009

in respect of the use and creation of the toxic substance referred to below at [insert name of facility] and am familiar with its contents and to my knowledge it is factually accurate.

[insert toxic substance]

(3.1) Records submitted under this section in respect of two or more toxic substance reduction plans for a facility may be contained in a single document and, if that is done, the certifications required by subsection (3) may be combined into a single certification stating the following:

As of [insert date], I, [insert name], certify that I have read the records created for the purposes of section 11.2 of Ontario Regulation 455/09

(General) made under the Toxics Reduction Act, 2009

in respect of the use and creation of the toxic substances referred to below at [insert name of facility] and am familiar with their contents and to my knowledge they are factually accurate.

[insert list of toxic substances]

7. (1) Clause 12 (7) (a) of the Regulation is revoked and the following substituted:

(a) the change is made in respect of the year during which a review is required to be conducted under section 7 of the Act;

(2) Subsection 12 (7) of the Regulation is amended by adding “or” at the end of clause (b) and by adding the following clause:

(c) subject to subsection (7.1), the change,

(i) is made as a result of a recommendation provided by a toxic substance reduction planner under section 18.2, and

(ii) is made after the recommendation is provided and before June 1 in the year immediately following the year in which the recommendation was required to be obtained.

(3) Section 12 of the Regulation is amended by adding the following subsection:

(7.1) Clause (7) (c) does not apply if the recommendation is provided in respect of a new version of a plan prepared as a result of an amendment under section 5 of the Act.

8. The Regulation is amended by adding the following section immediately after the heading “Toxic Substance Reduction Plans — Contents”:

Information to be used in preparing plan

15.1 If a toxic substance reduction plan is required by section 11.1 to be prepared in a year, the owner and the operator of the facility shall ensure that the plan is prepared using information contained in the report that is required by section 25 to be given to the Director on or before June 1 in that year.

9. (1) Paragraph 11 of subsection 18 (2) of the Regulation is amended by striking out “a certification under subsection 4 (2) of the Act” at the end and substituting “a certification mentioned in section 19”.

(2) Subsection 18 (2) of the Regulation is amended by adding the following paragraphs:

12.1 The licence number of the toxic substance reduction planner who is responsible for making recommendations under section 18.2 or providing a written explanation under subsection 18.2 (5), as the case may be.

12.2 The licence number of the toxic substance reduction planner who is responsible for signing a certification mentioned in section 19.1.

(3) Section 18 of the Regulation is amended by adding the following subsections:

(4) If a toxic substance reduction plan for a toxic substance contains a statement under paragraph 6 of subsection 4 (1) of the Act that no options will be implemented, the plan shall contain an explanation of why no options will be implemented.

(5) A toxic substance reduction plan for a toxic substance shall include any recommendations, including the rationale for the recommendations, provided by a toxic substance reduction planner under section 18.2 and any written explanation provided under subsection 18.2 (5).

10. The Regulation is amended by adding the following sections:

Owner and operator of facility shall ensure accuracy, etc., of plan

18.1 Before providing a draft copy of a toxic substance reduction plan to a toxic substance reduction planner as required under subsection 18.2 (1), the owner and the operator of a facility who are required under subsection 3 (1) of the Act to ensure that the plan is prepared shall ensure that,

(a) the information set out in the plan is factually accurate; and

(b) the plan contains all information required under the Act and this Regulation, other than,

(i) the information required under sections 12 and 12.1,

(ii) the certifications mentioned in sections 19 and 19.1, and

(iii) anything required under subsection 18 (5).

Recommendations by planner

18.2 (1) The owner and the operator of a facility who are required under subsection 3 (1) of the Act to ensure that a toxic substance reduction plan is prepared shall provide a draft copy of the plan to a toxic substance reduction planner for the purpose of obtaining recommendations with respect to the plan.

(2) The recommendations shall be provided for the purpose of improving all aspects of the plan, including,

(a) the potential for reducing the use and creation of the toxic substance at the facility; and

(b) the business rationale for implementing the plan.

(3) Recommendations made by the toxic substance reduction planner shall address any relevant issues that the toxic substance reduction planner identifies, including the following:

1. Whether improvements could be made in the expertise relied on in preparing the plan.

2. Whether improvements could be made in,

i. the data and methods used to make the determinations required under subsection 12 (1),

ii. the records prepared under paragraphs 1 and 2 of subsection 12 (2),

iii. the description in the record required under paragraph 4 of subsection 12 (2), and

iv. the description provided under subparagraph 4 i of subsection 4 (1) of the Act of why the substance is used or created.

3. Whether there are technically and economically feasible options for reducing the use and creation of the substance at the facility that have not been identified in the plan and that would result in reductions that are equal to or greater than those already identified in the plan.

4. Having regard to additional methods, the data and any other factors that the toxic substance reduction planner considers relevant, whether improvements could be made,

i. in the estimates of anticipated reduction under paragraph 3 of subsection 17 (1),

ii. in the determination of the technical feasibility of options under paragraph 4 of subsection 17 (1), and

iii. in the analysis of the economic feasibility of options under paragraph 5 of subsection 17 (1).

5. Whether improvements could be made in the estimates provided under subsection 18 (1).

6. Whether the steps and the timetable set out in the plan, as required under paragraph 7 of subsection 4 (1) of the Act, are likely to be achieved.

(4) Unless subsection (5) applies, the owner and operator of the facility shall ensure that the toxic substance reduction planner makes all recommendations with respect to the plan in writing and includes the rationale for his or her recommendations.

(5) The owner and the operator of the facility shall ensure that the toxic substance reduction planner provides a written explanation if the toxic substance reduction planner is of the opinion that no recommendations are necessary with respect to the matters listed in paragraphs 1 to 6 of subsection (3).

11. Section 19 of the Regulation is revoked and the following substituted:

Certification by highest ranking employee

19. (1) Subject to subsection (2), the certification required by subsection 4 (2) of the Act shall state the following:

As of [insert date], I, [insert name], certify that I have read the toxic substance reduction plan for the toxic substance referred to below and am familiar with its contents, and to my knowledge the plan is factually accurate and complies with the Toxics Reduction Act, 2009

and Ontario Regulation 455/09 (General) made under that Act.

[insert toxic substance]

(2) If, under subsection 3 (2) of the Act, two or more toxic substance reduction plans for a facility are contained in a single document, the certifications required by subsection 4 (2) of the Act may be combined into a single certification stating the following:

As of [insert date], I, [insert name], certify that I have read the toxic substance reduction plans for the toxic substances referred to below and am familiar with their contents, and to my knowledge the plans are factually accurate and comply with the Toxics Reduction Act, 2009

and Ontario Regulation 455/09 (General) made under that Act.

[insert list of toxic substances]

Certification by toxic substance reduction planner

19.1 (1) For the purposes of subsection 4 (3) of the Act, the person who signs a certification under that subsection shall be a toxic substance reduction planner.

(2) If a new version of a toxic substance reduction plan is created, the new version shall contain a new certification signed by a toxic substance reduction planner.

(3) Subject to subsection (4), the certification required by subsection 4 (3) of the Act shall state the following:

As of [insert date], I, [insert name] certify that I am familiar with the processes at [insert name of facility] that use or create the toxic substance referred to below, that I agree with the estimates referred to in subparagraphs 7 iii, iv and v of subsection 4 (1) of the Toxics Reduction Act, 2009 that are set out in the plan dated [insert version date] and that the plan complies with that Act and Ontario Regulation 455/09 (General) made under that Act.

[insert toxic substance]

(4) If, under subsection 3 (2) of the Act, two or more toxic substance reduction plans for a facility are contained in a single document, the certifications required by subsection 4 (3) of the Act may be combined into a single certification stating the following:

As of [insert date], I, [insert name] certify that I am familiar with the processes at [insert name of facility] that use or create the toxic substances referred to below, that I agree with the estimates referred to in subparagraphs 7 iii, iv and v of subsection 4 (1) of the Toxics Reduction Act, 2009 that are set out in the toxic substance reduction plans referred to below for the toxic substances and that the plans comply with that Act and Ontario Regulation 455/09 (General) made under that Act.

[insert list of toxic substances, including, for each substance, the date of the plan to which the certification applies]

Certifications to be signed in same copy of plan

19.2 (1) The owner and the operator of a facility who are required under subsection 3 (1) of the Act to ensure that a toxic substance reduction plan is prepared shall ensure that the certifications mentioned in sections 19 and 19.1 are signed in the same copy of the plan and that, if the plan is subsequently revised, the certifications are signed in the same copy of the plan as revised.

(2) A certification mentioned in section 19 may be signed before or after a certification under section 19.1.

12. Subsections 20 (4) and (5) of the Regulation are revoked and the following substituted:

(4) Subject to subsection (6), if a new version of a toxic substance reduction plan is created as a result of a review under section 7 of the Act, the new version shall contain a certification, signed by the highest ranking employee at the facility who has management responsibilities relating to the facility, stating the following:

I, [insert name], certify that, during [insert calendar year of review of plan], a review of the toxic substance reduction plan for the toxic substance referred to below was conducted in accordance with the Toxics Reduction Act, 2009 and Ontario Regulation 455/09 (General) made under that Act.  As of [insert date], I also certify that I have read the toxic substance reduction plan dated [insert version date] for that substance and am familiar with its contents and to my knowledge this version of the plan is factually accurate and complies with the Toxics Reduction Act, 2009

and Ontario Regulation 455/09.

[insert toxic substance]

(5) Subject to subsection (7), if a new version of a toxic substance reduction plan is created and subsection (4) does not apply, the new version shall contain a certification, signed by the highest ranking employee at the facility who has management responsibilities relating to the facility, stating the following:

As of [insert date], I, [insert name], certify that I have read the toxic substance reduction plan dated [insert version date] for the toxic substance referred to below and am familiar with its contents and, to my knowledge, this version of the plan is factually accurate and complies with the Toxics Reduction Act, 2009

and Ontario Regulation 455/09 (General) made under that Act.

[insert toxic substance]

(6) If, under subsection 3 (2) of the Act, new versions of two or more toxic substance reduction plans for a facility are contained in a single document and subsection (4) applies to two or more of the plans, the certifications required by subsection (4) may be combined into a single certification stating the following:

I, [insert name], certify that, during [insert calendar year of review of plan], reviews of the toxic substance reduction plans for the toxic substances referred to below were conducted in accordance with the Toxics Reduction Act, 2009 and Ontario Regulation 455/09 (General) made under that Act.  As of [insert date], I also certify that I have read the versions listed below of those toxic substance reduction plans and am familiar with their contents and to my knowledge those versions of the plans are factually accurate and comply with the Toxics Reduction Act, 2009 and Ontario Regulation 455/09.

[insert list of toxic substances, including, for each substance, the version date of the plan to which the certification applies]

(7) If, under subsection 3 (2) of the Act, new versions of two or more toxic substance reduction plans for a facility are contained in a single document and subsection (5) applies to two or more of the plans, the certifications required by subsection (5) may be combined into a single certification stating the following:

As of [insert date], I, [insert name], certify that I have read the versions referred to below of the toxic substance reduction plans for the toxic substances referred to below and am familiar with their contents and to my knowledge those versions of the plans are factually accurate and comply with the Toxics Reduction Act, 2009 and Ontario Regulation 455/09.

[insert list of toxic substances, including, for each substance, the version date of the plan to which the certification applies]

13. Subsection 22 (1) of the Regulation is revoked and the following substituted:

Review of plan, requirements for new version of plan

(1) On a review of a toxic substance reduction plan required under section 7 of the Act, the owner and the operator who are required under section 20 to ensure that a new version of the plan is prepared shall ensure that the new version of the plan, in addition to meeting all other requirements for a toxic substance reduction plan under the Act and this Regulation, includes the following:

1. If a statement mentioned in paragraph 1 of subsection 4 (1) of the Act was not included in the current version of the plan and will not be included in the new version of the plan, a statement as to whether the reasons for not including the statement in the current version of the plan remain valid and, if not, the new reasons for not including such a statement in the new version of the plan.

2. If a statement mentioned in paragraph 1 of subsection 4 (1) of the Act was included in the current version of the plan and, due to any change in circumstances at the facility, is not included in the new version of the plan, an explanation of the reasons for not including a statement, including information concerning whether the exclusion of such a statement is the result of the successful implementation of an option to reduce the use or creation of the toxic substance.

3. An update of the objectives that were contained in the current version of the plan for reducing the use or creation of the toxic substance, including information explaining the reasons for any changes to the objectives in the new version of the plan and why an objective in the current version of the plan is no longer valid or requires revision.

4. Any update of the records created under paragraphs 1, 2 and 5 of subsection 12 (2) in the current version of the plan that is necessary to ensure the records are accurate and complete.

5. Any update of the description of each process at the facility contained in the current version of the plan that is necessary to ensure the description is accurate and complete.

6. An update of the description and analysis of options set out in paragraphs 1 to 6 of subsection 17 (1) that were included in the current version of the plan for reducing the use and creation of the toxic substance at the facility.

7. An update of the estimates made for the purposes of subparagraphs 7 iii, iv and v of subsection 4 (1) of the Act and subsection 17 (4) of this Regulation, based on quantities for the most recently completed calendar year.

8. Any update of the timetable created for the purposes of subparagraph 7 ii of subsection 4 (1) of the Act included in the current version of the plan that is necessary to ensure that the timetable is accurate and complete.

9. Any update of the estimates of annual costs associated with the toxic substance as set out in the current version of the plan under subsection 18 (1) that is necessary to ensure the estimates are accurate.

10. The correction of any errors in the current version of the plan, including any errors previously reported to the Director in accordance with section 29.

14. Paragraph 7 of subsection 24 (1) of the Regulation is revoked and the following substituted:

7. The statement under paragraph 6 of subsection 4 (1) of the Act that no options will be implemented and a copy of the explanation required under subsection 18 (4) of why no options will be implemented, if the plan contains such a statement.

15. (1) Paragraph 1 of subsection 26 (1) of the Regulation is revoked and the following substituted:

1. The information set out in subsection 18 (2), other than the information mentioned in paragraphs 9, 10, 12.1 and 12.2 of that subsection.

(2) Paragraphs 4 and 5 of subsection 26 (1) of the Regulation are revoked.

(3) Subsection 26 (2) of the Regulation is amended by adding the following paragraphs:

0.1 The information mentioned in paragraphs 9 and 10 of subsection 18 (2).

0.2 A statement of whether there has been a change in the method or combination of methods used to track and quantify the toxic substance during the previous calendar year and, if there has been a change, a description of the change, the reason for the change and how the change impacts tracking and quantification of the substance.

0.3 A statement of whether there has been a significant process change at the facility during the previous calendar year.

(4) Section 26 of the Regulation is amended by adding the following subsection:

(2.1) Paragraphs 0.3 and 3 to 6 of subsection (2) do not apply to the report that is required by subsection 25 (1) to be given to the Director on or before June 1, 2012 in respect of a plan that is required by subsection 11.1 (2) to be prepared on or after June 1, 2012 but no later than December 31, 2012.

(5) Subsections 26 (3) and (4) of the Regulation are revoked and the following substituted:

(3) Subject to subsection (4), a report prepared for the purposes of section 10 of the Act shall contain a certification, signed by the highest ranking employee at the facility who has management responsibilities relating to the facility, stating the following:

As of [insert date], I, [insert name], certify that I have read the report on the toxic substance reduction plan for the toxic substance referred to below and am familiar with its contents, and to my knowledge the information contained in the report is factually accurate and the report complies with the Toxics Reduction Act, 2009 and Ontario Regulation 455/09

(General) made under that Act.

[Insert the toxic substance]

(4) Reports on two or more toxic substance reduction plans for a facility may be contained in a single document and, if that is done, the certifications required by subsection (3) may be combined into a single certification stating the following:

As of [insert date], I, [insert name], certify that I have read the reports on the toxic substance reduction plans for the toxic substances referred to below and am familiar with their contents, and to my knowledge the information contained in the reports is factually accurate and the reports comply with the Toxics Reduction Act, 2009 and Ontario Regulation 455/09 (General) made under that Act.

[insert list of toxic substances]

16. Paragraph 8 of subsection 27 (1) of the Regulation is amended by striking out “subsection 26 (3)” at the end and substituting “subsection 26 (3) or (4)”.

17. The Regulation is amended by adding the following sections before the heading “Miscellaneous”:

Toxic Substance Reduction Planners

Application for and issuance of licence

27.1 (1) An individual may apply to the Director for the issuance of a toxic substance reduction planner’s licence in a form approved or provided by the Director.

(2) The Director shall, subject to section 27.4, issue a licence to an applicant if the applicant has submitted the fee established by the Minister for the issuance of the licence and has submitted documentary evidence to the satisfaction of the Director verifying that the applicant satisfies the following requirements:

1. The applicant,

i. holds a Bachelor’s degree, Master’s degree or doctoral degree in a field mentioned in subsection (3) and has at least four years of full-time work experience, or the equivalent in part-time hours, in at least one of the areas mentioned in paragraph 1 or 2 of subsection (4),

ii. holds a college diploma in a field mentioned in subsection (3) and has at least six years of full-time work experience, or the equivalent in part-time hours, in at least one of the areas mentioned in paragraph 1 or 2 of subsection (4), or

iii. has at least eight years of full-time work experience, or the equivalent in part-time hours, in the areas mentioned in subsection (4), with at least two years of the experience being in an area mentioned in paragraph 1 of subsection (4) and at least two years of the experience being in one or more operational activities that qualify under paragraph 2 of subsection (2).

2. Within the 12-month period before submitting the application, the applicant completed a course approved by the Director.

3. Within the 12-month period before submitting the application, the applicant obtained the passing mark specified by the Director in an examination approved by the Director.

(3) The following fields apply for the purposes of subsection (2):

1. Biology.

2. Business administration.

3. Chemistry.

4. Engineering.

5. Environmental management.

6. Environmental science.

7. Environmental technology.

8. Geology.

9. Metallurgy.

10. Mineral processing.

11. Occupational health and safety.

12. Physics.

13. Quality control.

14. Toxicology.

15. A field that, in the opinion of the Director, is equivalent to any of the fields set out in paragraphs 1 to 14.

(4) The following areas apply for the purposes of subsection (2):

1. Environmental management, including,

i. compliance with environmental regulations,

ii. environmental management system development and implementation,

iii. pollution prevention plan development and implementation, and

iv. reporting under NPRI Notices.

2. Operational activities in any of the following areas, carried out at a facility referred to in subsection 4 (2):

i. Business administration.

ii. Engineering.

iii. Industrial design.

iv. Management.

v. Occupational health and safety.

vi. Planning.

vii. Process control.

viii. Quality control.

ix. Research and development.

(5) The documentary evidence required under subsection (2) shall be submitted in a form approved or provided by the Director.

(6) An applicant for a toxic substance reduction planner’s licence or a holder of a toxic substance reduction planner’s licence shall notify the Director in a form approved or provided by the Director of any change in his or her contact information within 30 days after the effective date of the change.

Expiration and renewal of licence

27.2 (1) Subject to subsection (2), a licence expires five years after the day it is issued.

(2) Upon receipt of a request from the holder of a licence, the Director may extend the expiry date of the licence for a period not exceeding 90 days and shall provide written notice of the extension to the holder.

(3) The holder of a licence may apply to the Director for the renewal of the licence in a form that is approved or provided by the Director, if the application is made before the licence expires.

(4) If an application for renewal of a licence is received before the licence expires, the Director shall, subject to section 27.4, renew the licence if,

(a) during the term of the licence that is expiring, the holder of the licence obtains at least 60 professional development credits in accordance with subsection (5), at least 30 of which are for educational courses that satisfy the requirements of paragraph 1 of subsection (5); and

(b) the holder pays the fee established by the Minister for the renewal of the licence.

(5) A holder of a licence may obtain professional development credits in one or more of the following ways:

1. The holder may obtain one professional development credit for each hour he or she spends in taking an educational course in a field or area mentioned in subsection 27.1 (3) or (4),

i. that relates to one or more functions performed by a toxic substance reduction planner in complying with the Act and this Regulation or in preparing toxic substance reduction plans, and

ii. that, in the opinion of the Director, contributes to improving the holder’s professional knowledge and ability to perform his or her functions as a toxic substance reduction planner.

2. The holder may obtain one professional development credit for each hour he or she engages in teaching or making educational presentations at an academic institution or conference, or in another training setting, in one or more fields or areas mentioned in subsections 27.1 (3) or (4), if, in the opinion of the Director, this activity contributes to improving the holder’s professional knowledge and ability to perform his or her functions as a toxic substance reduction planner.

3. The holder may obtain two professional development credits for each paper or article relating to one or more fields or areas mentioned in subsections 27.1 (3) or (4) that he or she writes and has published in a publication acceptable to the Director, to a maximum of 10 professional development credits during each term of the holder’s licence, if, in the opinion of the Director, writing the paper or article contributes to improving the holder’s professional knowledge and ability to perform his or her functions as a toxic substance reduction planner.

4. The holder may obtain five professional development credits for preparing a toxic substance reduction plan or performing one or more functions of a toxic substance reduction planner under section 18.2 or 19.1, but shall not obtain more than five professional development credits in respect of the same toxic substance reduction plan or version of the plan.

Replacement licences

27.3 The Director shall issue a replacement licence to a holder of a licence if the fee established by the Minister for a replacement licence is paid and,

(a) the licence has been lost or destroyed; or

(b) the licence holder’s name has changed and the original licence has been returned to the Director.

Refusal to issue, renew etc.

27.4 The Director may refuse to issue or renew a licence and may suspend or revoke a licence if,

(a) the application for the issuance or renewal of the licence, or any previous application, contains information that is inaccurate or that the applicant knew to be false at the time the application was made; or

(b) the applicant or licence holder, as the case may be, has been convicted of an offence under the Act.

Notice of intended action

27.5 (1) This section applies if the Director intends to,

(a) refuse to issue a licence;

(b) refuse to renew a licence;

(c) suspend a licence; or

(d) revoke a licence.

(2) Before taking an action described in clause (1) (a), (b), (c) or (d), the Director shall give written notice of the Director’s intended action to the applicable applicant or holder of the licence.

(3) Upon receipt of a notice under subsection (2), the applicant or holder may, within seven days after receiving the notice, give the Director written comments to consider before making a final decision.

(4) If, after considering any comments received from the applicant or holder, the Director makes a final decision to refuse to issue or renew the licence or to suspend or revoke the licence, the Director shall serve a written notice of the final decision, together with the reasons for his or her decision, on the applicant or holder.

Appeals re licence

27.6 (1) Subject to subsection (8), a person may, by written notice served on the Director and the Tribunal, require a hearing by the Tribunal with respect to the Director’s final decision under section 27.5 to,

(a) refuse to issue a licence to the person;

(b) refuse to renew the person’s licence;

(c) suspend the person’s licence; or

(d) revoke the person’s licence.

(2) The written notice under subsection (1) shall be served on the Director and the Tribunal within 15 days after the notice of the final decision is served on the person under section 27.5.

(3) Sections 33, 34, 36, 37 and 39 of the Act apply, with necessary modifications, to an appeal of a decision under this section.

(4) The commencement of a proceeding before the Tribunal in respect of a hearing required under subsection (1) does not stay the operation of the Director’s decision.

(5) The Tribunal may, on the application of a party to a proceeding before it in respect of a hearing required under subsection (1), stay the operation of the Director’s decision.

(6) A party to a proceeding in respect of a hearing required under subsection (1) may apply for the removal of a stay that was granted under subsection (5) if relevant circumstances have changed or have become known to the party since the stay was granted, and the Tribunal may grant the application.

(7) A person who is made a party to a proceeding in respect of a hearing required under subsection (1) after a stay is granted under subsection (5) may, at the time the person is made a party, apply for the removal of the stay, and the Tribunal may grant the application.

(8) This section does not apply if the person referred to in subsection (1) requested or consented to the Director’s decision to refuse to issue or renew the licence or to suspend or revoke the licence.

18. Subsection 29 (2) of the Regulation is amended by striking out “may apply to the Director” and substituting “may apply in writing to the Director”.

19. The Regulation is amended by adding the following section:

Fees relating to licences

29.1 The Minister may establish fees to be paid for,

(a) the course mentioned in paragraph 2 of subsection 27.1 (2);

(b) the examination mentioned in paragraph 3 of subsection 27.1 (2);

(c) the issuance of a licence;

(d) the renewal of a licence;

(e) the replacement of a licence.

Commencement

20. This Regulation comes into force on the later of July 1, 2011 and the day this Regulation is filed.