Government Process Simplification Act (Ministry
of Consumer and Commercial Relations), 1996
EXPLANATORY NOTE
The Bill amends three Acts administered by the Ministry of Consumer and Commercial Relations to simplify government processes and to improve efficiency in the Ministry.
Consumer Protection Act
The Bill removes the requirement for itinerant sellers to register under the Act and the power to make regulations under the Act with respect to those registrations. The present subsection 4 (3), sections 7 and 14, subsection 16 (1) and section 17 of the Act are redrafted and moved to fit in with the Act as amended.
Motor Vehicle Dealers Act
The Bill deletes the power to make regulations requiring motor vehicle dealers under the Act to be bonded.
Motor Vehicle Repair Act
The Bill deletes the power to make regulations under the Act with respect to the size, form and style of signs that a repairer is required to post for prospective customers.
Bill1996
An Act to simplify government processes
and to improve efficiency in the Ministry
of Consumer and Commercial Relations
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. (1) The definitions of "business premises" and "dwelling" in section 1 of the Consumer Protection Act are repealed.
(2) The definitions of "itinerant seller", "registered" and "Registrar" in section 1 of the Act are repealed.
(3) Part I of the Act is repealed.
(4) The Act is amended by adding the following sections:
Representation
33.1 No person shall publish or cause to be published in writing any representation that the person is registered under this Act.
Confidentiality
33.2 (1) Each person employed in the administration of this Act shall preserve secrecy in respect of all information that comes to his or her knowledge in the course of his or her duties or employment and shall not communicate the information to any other person except if,
(a) it is required in connection with the administration of this Act and the regulations or any proceedings under this Act or the regulations;
(b) the person communicates the information to his or her counsel; or
(c) the person to whom the information relates consents.
Testimony
(2) No person to whom subsection (1) applies shall be required to give testimony in a civil suit or proceeding with regard to information obtained in the course of his or her duties or employment except in a proceeding under this Act or the regulations.
(5) Section 38 of the Act is repealed and the following substituted:
Order if false advertising
38. (1) If the Director believes on reasonable and probable grounds that a seller or lender is making false, misleading or deceptive statements in an advertisement, circular, pamphlet or similar material, the Director may make an order for the immediate cessation of the use of that material.
Order effective
(2) The order takes effect immediately upon being made.
Service
(3) The Director shall serve the order, together with written reasons for it, on the person named in it.
Request for a hearing
(4) The order shall inform the person named in it that the person may request a hearing before the Tribunal by mailing or delivering a written notice of request for a hearing on the Director and the Tribunal within 15 days after service of the order.
Hearing date
(5) If the person gives a notice of request for a hearing within the allowed time, the Tribunal shall schedule and hold the hearing.
Stay of order
(6) The Tribunal may stay the order until it confirms or sets aside the order under subsection (8).
Parties
(7) The Director, the person who requested the hearing and the persons whom the Tribunal specifies are parties to the hearing.
Powers of Tribunal
(8) After holding the hearing, the Tribunal may,
(a) confirm the order with the amendments, if any, that the Tribunal considers proper to give effect to the purposes of the Act; or
(b) set aside the order.
Same
(9) In confirming or setting aside the order, the Tribunal may substitute its opinion for that of the Director.
Stay of order
(10) Even if the person named in the order of the Tribunal appeals it under section 11 of the Ministry of Consumer and Commercial Relations Act, the order takes effect immediately butthe Tribunal may grant a stay of the order until the disposition of the appeal.
Compliance with order
(11) Every person named in an order made under this section who knowingly fails to comply with it, except during the time that it is stayed, is guilty of an offence punishable under section 39.
Service
38.1 (1) An order under section 38 is sufficiently served if delivered personally or sent by registered mail addressed to the person to whom service is required to be made at the person's last known business address.
Registered mail
(2) An order sent by registered mail shall be deemed to have been served on the third day after the day of mailing, unless the person being served establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control receive the order until a later date.
Exception
(3) Despite subsection (1), the Tribunal may order any other method of service in respect of a matter before the Tribunal.
(6) Subsection 39 (3) of the Act is amended by striking out "Subject to subsection 16 (1)" in the first line.
(7) Clauses 40 (a) and (b) of the Act are repealed.
(8) Clause 40 (e) of the Act is repealed and the following substituted:
(e) providing for the form and terms of bonds and collateral security with respect to persons who were registered as itinerant sellers under this Act or any class of them, and providing for the forfeiture of bonds and the disposition of the proceeds.
(9) Clause 40 (e) of the Act, as enacted by subsection (8), is repealed.
(10) Clause 40 (f) of the Act is repealed.
(11) Clause 40 (k) of the Act is repealed and the following substituted:
(k) exempting any class of buyer, seller, lender or borrower from the application of this Act or any provision of it.
2. Clause 24 (d) of the Motor Vehicle Dealers Act is repealed.
3. (1) Subsection 6 (1) of the Motor Vehicle Repair Act is amended by striking out the portion before clause (a) and substituting the following:
Disclosure
(1) Every repairer shall post signs in a conspicuous place clearly visible to prospective customers stating,
. . . . .
(2) Clause 6 (1) (e) of the Act is repealed and the following substituted:
(e) the telephone number of the Ministry of Consumer and Commercial Relations where complaints may be directed.
(3) Subsection 6 (2) of the Act is repealed and the following substituted:
Exception
(2) Clause (1) (e) does not apply to a repairer who puts on all repair orders and invoices that go to consumers the telephone number of the Ministry of Consumer and Commercial Relations where complaints may be directed.
(4) Clause 13 (c) of the Act is repealed.
Transition
4. (1) All registrations under the Consumer Protection Act that were in force immediately before subsection 1 (3) of this Act came into force are terminated on the day that subsection comes into force.
Same, certificates
(2) Despite subsection 1 (3) of this Act, subsection 16 (2) of the Act continues to apply to an action, proceeding or prosecution that was commenced or that could have been commenced before subsection 1 (3) of this Act comes into force.
Commencement
5. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.
Same
(2) Subsections 1 (1), (2) and (9) come into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
6. The short title of this Act is the Government Process Simplification Act (Ministry of Consumer and Commercial Relations), 1996.