O. Reg. 187/09: GENERAL

 

Safety and Consumer Statutes Administration Act, 1996
Loi de 1996 sur l’application de certaines lois traitant de sécurité et de services aux consommateurs

ONTARIO REGULATION 187/09

General

Consolidation Period: From December 1, 2023 to the e-Laws currency date.

Last amendment: 11/23.

Legislative History: 208/14 (as am. by 61/15), 286/15, 326/19, 413/19, 259/21, 360/22, 587/22, 11/23.

This Regulation is made in English only.

Part I
Administration of Various Acts

Designated Legislation

Designated legislation

1. The provisions that are specified in Column 2 of the following Table and that are provisions of the Act or regulations specified opposite in Column 1 are designated as designated legislation for the purposes of subsection 3 (1) of the Act:

 

Column 1	Column 2
Condominium Management Services Act, 2015	all provisions except for sections 77 and 78
the regulations made under the Condominium Management Services Act, 2015 except for the regulations made under subsection 77 (2.1) or paragraph 26 of subsection 78 (1) of that Act with respect to a delegation of the power to make regulations	all provisions
Electricity Act, 1998	all provisions in Part VIII
the regulations made under Part VIII of the Electricity Act, 1998	all provisions
Funeral, Burial and Cremation Services Act, 2002	all provisions except for sections 88 to 101.1, 112 and 113
Ontario Regulation 30/11 (General) made under the Funeral, Burial and Cremation Services Act, 2002	all provisions except for, (a)  subsection 30 (3) and clauses 86 (2) (b) and (c) and 87 (7) (b) as they apply to burial sites; and (b)  sections 165, 168.1, 172 to 184 and 229
Ontario Regulation 184/12 (Care and Maintenance Exemptions and Miscellaneous Charges) made under the Funeral, Burial and Cremation Services Act, 2002	all provisions
Ontario Regulation 216/18 (Code of Ethics) made under the Funeral, Burial and Cremation Services Act, 2002	all provisions
Ontario Regulation 374/18 (Discipline and Appeal Committees) made under the Funeral, Burial and Cremation Services Act, 2002	all provisions
Motor Vehicle Dealers Act, 2002	all provisions except for sections 43 and 44
the regulations made under the Motor Vehicle Dealers Act, 2002 except for the regulations made under subsection 43 (2) or paragraph 40 of subsection 44 (1) of that Act with respect to a delegation of the power to make regulations	all provisions
Trust in Real Estate Services Act, 2002	all provisions except for sections 50 and 51
the regulations made under the Trust in Real Estate Services Act, 2002 except for the regulations made under subsection 50 (2) or paragraph 25 of subsection 51 (1) of that Act with respect to a delegation of the power to make regulations	all provisions
Travel Industry Act, 2002	all provisions except for sections 42 and 43
the regulations made under the Travel Industry Act, 2002	all provisions

O. Reg. 187/09, ss. 1, 17 (1); O. Reg. 208/14, s. 1; O. Reg. 286/15, s. 1; O. Reg. 326/19, s. 1; O. Reg. 413/19, s. 1; O. Reg. 259/21, s. 1; O. Reg. 360/22, s. 1, 2; O. Reg. 587/22, s. 1.

Designated Administrative Authorities

Condominium Management Services Act, 2015

1.1 For the purposes of subsection 3 (2) of the Act, the Condominium Management Regulatory Authority of Ontario, that is incorporated under the laws of the Province of Ontario by letters patent dated July 8, 2016 and with which the Minister of Government and Consumer Services entered into an administrative agreement dated May 15, 2017, is designated as the sole administrative authority for the purpose of administering the provisions of the Condominium Management Services Act, 2015 and the regulations made under that Act that are designated legislation under section 1. O. Reg. 587/22, s. 2.

Electricity Act, 1998

2. For the purposes of subsection 3 (2) of the Act, the Electrical Safety Authority, that is incorporated under the laws of the Province of Ontario by letters patent dated January 12, 1999 and with which the Minister of Consumer and Business Services entered into an administrative agreement dated March 11, 1999, is designated as the sole administrative authority for the purpose of administering the provisions of the Electricity Act, 1998 and the regulations made under that Act that are designated legislation under section 1. O. Reg. 360/22, s. 3.

2.1 Revoked: O. Reg. 326/19, s. 2.

Funeral, Burial and Cremation Services Act, 2002

2.2 For the purposes of subsection 3 (2) of the Act, the Bereavement Authority of Ontario, that is incorporated under the laws of the Province of Ontario by letters patent dated July 24, 2014 and with which the Minister of Government and Consumer Services entered into an administrative agreement dated August 6, 2015, is designated as the sole administrative authority for the purpose of administering the provisions of the Funeral, Burial and Cremation Services Act, 2002 and the regulations made under that Act that are designated legislation under section 1. O. Reg. 360/22, s. 4.

Motor Vehicle Dealers Act

3. For the purposes of subsection 3 (2) of the Act, the Ontario Motor Vehicle Industry Council, that is incorporated under the laws of the Province of Ontario by letters patent dated October 8, 1996 and with which the Minister of Consumer and Commercial Relations entered into an administrative agreement dated January 6, 1997, is designated as the sole administrative authority for the purpose of administering the provisions of the Motor Vehicle Dealers Act, 2002 and the regulations made under that Act that are designated legislation under section 1.  O. Reg. 187/09, ss. 3, 17 (2); O. Reg. 360/22, s. 7.

Trust in Real Estate Services Act, 2002

4. For the purposes of subsection 3 (2) of the Act, the Real Estate Council of Ontario, that was incorporated under the laws of Canada by letters patent dated January 24, 1997 and continued under the laws of the Province of Ontario on June 9, 2021 and with which the Minister of Consumer and Commercial Relations entered into an administrative agreement dated March 1, 1997, is designated as the sole administrative authority for the purpose of administering the provisions of the Trust in Real Estate Services Act, 2002 and the regulations made under that Act that are designated legislation under section 1. O. Reg. 360/22, s. 1, 5.

5. Revoked: O. Reg. 360/22, s. 6.

Travel Industry Act, 2002

6. For the purposes of subsection 3 (2) of the Act, the Travel Industry Council of Ontario, that is incorporated under the laws of the Province of Ontario by letters patent dated April 7, 1997 and with which the Minister of Consumer and Commercial Relations entered into an administrative agreement dated April 29, 1997, is designated as the sole administrative authority for the purpose of administering the provisions of the Travel Industry Act, 2002 and the regulations made under that Act that are designated legislation under section 1.  O. Reg. 187/09, s. 6; O. Reg. 360/22, s. 7.

Part I.1
General Rules Re Parts II, III and IV

Definitions

7. In this Part and Parts II, III and IV,

“Authority” means the Electrical Safety Authority;

“Review Panel” means a panel appointed in accordance with section 7.1. O. Reg. 11/23, s. 1.

Appointment of Review Panel

7.1 If the Authority receives a referral under clause 9 (9) (a) or a notice of appeal or request for extension under section 10, 14 or 17, the Authority shall appoint a panel of not more than three persons for the purposes of Part II, III or IV, as the case may be. O. Reg. 11/23, s. 1.

Rules for hearings

7.2 (1) The Authority may make rules establishing procedures for the hearing of matters under sections 9, 10, 14 and 17, including,

(a)  rules applicable if a member of the Review Panel conducting a hearing is unable to continue to conduct the hearing because of illness or other reason; and

(b)  rules providing that the oral evidence given before the Review Panel at a hearing may be recorded if a party to the hearing so requests and pays the fee established by the Authority for that purpose in accordance with section 12 of the Act. O. Reg. 11/23, s. 1.

(2) A rule made under clause (1) (a) may provide for the continuation or termination of the hearing, with or without the consent of the parties, or the commencement of a new hearing by a panel differently composed if the initial hearing is terminated. O. Reg. 11/23, s. 1.

(3) A rule made under this section may be general or specific in its application and may apply differently to different hearings. O. Reg. 11/23, s. 1.

Part II
reviews and appeals of orders issued by the electrical safety authority under Part VIII of the electricity Act, 1998

Definition

8. In this Part,

“Director” means a Director of the Authority that the Authority appoints under subsection 9 (1) of the Act for the purpose of this Part. O. Reg. 187/09, s. 8; O. Reg. 11/23, s. 2.

Director’s review

9. (1) A person named in an order issued by the Authority under subsection 113 (11) of the Electricity Act, 1998 who considers oneself aggrieved by the order may, within 15 days of the issuance of the order, apply to the Director in writing for a review of the order.  O. Reg. 187/09, s. 9 (1).

(2) If a person applies to the Authority in writing for an order mentioned in subsection 113 (11) of the Electricity Act, 1998, if the Authority does not issue the order within 15 days of the application and if the person considers oneself aggrieved by the non-issuance of the order, the person may, within a further 15 days, apply to the Director in writing for a review of the Authority’s failure to issue the order.  O. Reg. 187/09, s. 9 (2).

(3) Before or after the expiration of the time for applying for a review under subsection (1) or (2), the person may apply to the Director for an extension in the time for applying for the review.  O. Reg. 187/09, s. 9 (3).

(4) The extension shall be for no more than 15 days from the day that the Director grants the extension.  O. Reg. 187/09, s. 9 (4).

(5) The Director may grant the extension if satisfied that there are apparent grounds for granting relief to the applicant and that there are reasonable grounds for granting the extension, and may give directions, as appropriate.  O. Reg. 187/09, s. 9 (5).

(6) An application under subsection (1) for a review of an order of the Authority operates as a stay of the order pending the outcome of the review.  O. Reg. 187/09, s. 9 (6).

(7) The Director may, without notice, order that the stay of the order be lifted if the Director is of the opinion that the action is necessary in the interest of public safety.  O. Reg. 187/09, s. 9 (7).

(8) The Director is not required to hold a hearing when conducting a review under this section.  O. Reg. 187/09, s. 9 (8).

(9) In reviewing an order of the Authority or the Authority’s failure to issue an order, the Director may,

(a)  refuse to consider the substance of the application for a review and refer the matter to the Review Panel for a hearing under section 10; or

(b)  confirm, amend or rescind the Authority’s order or make whatever other decision that the Director deems appropriate.  O. Reg. 187/09, s. 9 (9).

(10) A referral under clause (9) (a) is made by filing a notice of referral with the Authority. O. Reg. 11/23, s. 3.

Appeal to Review Panel

10. (1) A person named in a decision made by the Director under section 9 may appeal the decision to the Review Panel by filing a notice of appeal with the Authority within 15 days after the decision is made.  O. Reg. 187/09, s. 10 (1); O. Reg. 11/23, s. 4 (1).

(2) Before or after the expiration of the time for appealing a decision, a person mentioned in subsection (1) may apply to the Review Panel for an extension in the time for appealing the decision by filing a request for an extension with the Authority.  O. Reg. 187/09, s. 10 (2); O. Reg. 11/23, s. 4 (2).

(3) The extension shall be for no more than 15 days from the day that the Review Panel grants the extension.  O. Reg. 187/09, s. 10 (3).

(4) The Review Panel may grant the extension if it is satisfied that there are reasonable grounds for applying for the extension and that there are apparent grounds for granting the extension, and may give directions, as appropriate.  O. Reg. 187/09, s. 10 (4).

(5) An appeal under subsection (1) operates as a stay of the decision pending the outcome of the appeal.  O. Reg. 187/09, s. 10 (5).

(6) Upon the application of the Director, which may be made without notice, the Review Panel may order that the stay of the decision be lifted if, in its opinion, the action is necessary in the interest of public safety.  O. Reg. 187/09, s. 10 (6).

(7) Subject to subsection (9), if a person appeals under subsection (1) or if the Director refers a matter to the Review Panel under clause 9 (9) (a), the Review Panel shall appoint a time for a hearing and hold the hearing.  O. Reg. 187/09, s. 10 (7).

(8) The Director or a person designated by the Director for the purpose is entitled to be heard at the hearing.  O. Reg. 187/09, s. 10 (8).

(9) If, on the application of a party to a hearing before the Review Panel with notice to the other parties, the Review Panel is satisfied that the appeal is frivolous or vexatious, the Review Panel may refuse to grant the hearing or may terminate the hearing at any time and make an order of costs as it considers appropriate in the circumstances.  O. Reg. 187/09, s. 10 (9).

(10) The Review Panel may, by order, confirm, amend or rescind the decision of the Director or make whatever other decision that the Review Panel deems appropriate.  O. Reg. 187/09, s. 10 (10).

(11) The Review Panel may make orders as to costs payable by the parties to the appeal and orders requiring the parties to the appeal to reimburse the Authority for its expenses incurred in respect of the appeal.  O. Reg. 187/09, s. 10 (11).

11. Revoked: O. Reg. 11/23, s. 5.

Appeal to Divisional Court

12. (1) Any party to the hearing before the Review Panel under section 10 may appeal from the decision of the Review Panel to the Divisional Court in accordance with the rules of court on any question that is not a question of fact alone.  O. Reg. 187/09, s. 12 (1).

(2) The Minister is entitled to be heard at a hearing under this section.  O. Reg. 187/09, s. 12 (2).

(3) The court who hears an appeal under this section may,

(a)  refer the matter back to the Review Panel for reconsideration by the Review Panel;

(b)  confirm or alter the decision of the Review Panel; or

(c)  make whatever other order that the judge sees fit, including an order that the Director or an inspector appointed under subsection 113 (8) of the Electricity Act, 1998 do any act that the person is authorized to do under this Regulation or that Act.  O. Reg. 187/09, s. 12 (3); O. Reg. 11/23, s. 6.

Part III
Appeal of Director’s Decision on Licences under Part VIII of the Electricity Act, 1998

Definition

13. In this Part,

“Director” means a person appointed as a Director under Part VIII of the Electricity Act, 1998. O. Reg. 187/09, s. 13; O. Reg. 11/23, s. 7.

Appeal to Review Panel

14. (1) If, after a hearing on a proposal under section 113.4 of the Electricity Act, 1998, a Director concludes the Director is entitled to carry out the proposal under that section, a person named in the proposal may appeal the decision of the Director to the Review Panel by filing a notice of appeal with the Authority within 15 days after the decision is made.  O. Reg. 187/09, s. 14 (1); O. Reg. 11/23, s. 8 (1).

(2) In accordance with section 113.9 of the Electricity Act, 1998, if a person appeals a decision of a Director under subsection (1), the Review Panel shall review the decision and the person is not entitled to appeal it to the Divisional Court under section 113.10 of that Act except as provided in section 16 of this Regulation.  O. Reg. 187/09, s. 14 (2).

(3) Before or after the expiration of the time for appealing a decision, a person mentioned in subsection (1) may apply to the Review Panel for an extension of the time for appealing the decision by filing a request for an extension with the Authority.  O. Reg. 187/09, s. 14 (3); O. Reg. 11/23, s. 8 (2).

(4) The extension shall be for no more than 15 days from the day that the Review Panel grants the extension.  O. Reg. 187/09, s. 14 (4).

(5) The Review Panel may grant the extension if it is satisfied that there are reasonable grounds for applying for the extension and that there are apparent grounds for granting the extension, and may give directions, as appropriate.  O. Reg. 187/09, s. 14 (5).

(6) An appeal under subsection (1) operates as a stay of the decision pending the outcome of the appeal.  O. Reg. 187/09, s. 14 (6).

(7) Upon the application of the Director, which may be made without notice, the Review Panel may order that the stay of the decision be lifted if, in its opinion, the action is necessary in the interest of public safety or consumer protection.  O. Reg. 187/09, s. 14 (7).

(8) Subject to subsection (10), if a person appeals under subsection (1), the Review Panel shall appoint a time for a hearing and hold the hearing.  O. Reg. 187/09, s. 14 (8).

(9) The Director or a person designated by the Director for that purpose is entitled to be heard at the hearing.  O. Reg. 187/09, s. 14 (9).

(10) If, on the application of a party to a hearing before the Review Panel with notice to the other parties, the Review Panel is satisfied that the appeal is frivolous or vexatious, the Review Panel may refuse to grant the hearing or may terminate the hearing at any time and make an order of costs as it considers appropriate in the circumstances.  O. Reg. 187/09, s. 14 (10).

(11) The Review Panel may, by order, confirm, amend, rescind or impose terms and conditions to the decision of the Director or make whatever other decision that the Review Panel deems appropriate.  O. Reg. 187/09, s. 14 (11).

(12) The Review Panel may make orders as to costs payable by the parties to the appeal and orders requiring the parties to the appeal to reimburse the Authority for its expenses incurred in respect of the appeal.  O. Reg. 187/09, s. 14 (12).

15. Revoked: O. Reg. 11/23, s. 9.

Appeal to Divisional Court

16. (1) Any party to the hearing before the Review Panel under section 14 may appeal the decision of the Review Panel to the Divisional Court in accordance with the rules of court on any question that is not a question of fact alone.  O. Reg. 187/09, s. 16 (1).

(2) The Minister is entitled to be heard at a hearing under this section.  O. Reg. 187/09, s. 16 (2).

(3) The court that hears an appeal under this section may,

(a)  refer the matter back to the Review Panel for reconsideration by the Review Panel; or

(b)  confirm or rescind the decision of the Review Panel.  O. Reg. 187/09, s. 16 (3).

Part IV
Appeal of Administrative Penalty Orders Under Part VIII of the Electricity Act, 1998

Appeal of administrative penalty order

17. (1) In this Part,

“Director” means a person appointed as a Director under Part VIII of the Electricity Act, 1998. O. Reg. 11/23, s. 10.

(2) A person on whom an order imposing an administrative penalty is made under subsection 113.18.1 (1) of the Electricity Act, 1998 may appeal the order to the Review Panel by delivering a written notice of appeal to the Authority within 15 days after receiving the order. O. Reg. 11/23, s. 10.

(3) Before or after the expiration of the time for appealing an order, a person mentioned in subsection (2) may apply to the Review Panel for an extension of the time for appealing the order by filing a request for an extension with the Authority. O. Reg. 11/23, s. 10.

(4) The extension shall be for no more than 15 days from the day that the Review Panel grants the extension. O. Reg. 11/23, s. 10.

(5) The Review Panel may grant the extension if it is satisfied that there are reasonable grounds for applying for the extension and that there are apparent grounds for granting the extension, and may give directions, as appropriate. O. Reg. 11/23, s. 10.

(6) If the person does not appeal the order in accordance with subsection (2), the order is confirmed. O. Reg. 11/23, s. 10.

(7) The Director, the appellant and the other persons that the Review Panel specifies are parties to the appeal. O. Reg. 11/23, s. 10.

(8) An appeal under subsection (2) operates as a stay of the order pending the outcome of the appeal. O. Reg. 11/23, s. 10.

Hearings

18. (1) Subject to subsection (3), if a person appeals under subsection 17 (2), the Review Panel shall appoint a time for a hearing and hold the hearing. O. Reg. 11/23, s. 10.

(2) The Director or a person designated by the Director for that purpose is entitled to be heard at the hearing. O. Reg. 11/23, s. 10.

(3) If, on the application of a party to a hearing before the Review Panel with notice to the other parties, the Review Panel is satisfied that the appeal is frivolous or vexatious, the Review Panel may refuse to grant the hearing or may terminate the hearing at any time and make an order of costs as it considers appropriate in the circumstances. O. Reg. 11/23, s. 10.

(4) The Review Panel may, by order, confirm, amend, rescind or impose terms and conditions to the Director’s order or make whatever other decision that the Review Panel deems appropriate. O. Reg. 11/23, s. 10.

(5) The Review Panel may make orders as to costs payable by the parties to the appeal and orders requiring the parties to the appeal to reimburse the Authority for its expenses incurred in respect of the appeal. O. Reg. 11/23, s. 10.

Appeal to Divisional Court

19. (1) Any party to the hearing before the Review Panel under section 18 may appeal the decision of the Review Panel to the Divisional Court in accordance with the rules of court on any question that is not a question of fact alone. O. Reg. 11/23, s. 10.

(2) The Minister is entitled to be heard at a hearing under this section. O. Reg. 11/23, s. 10.

(3) The court that hears an appeal under this section may,

(a)  refer the matter back to the Review Panel for reconsideration by the Review Panel; or

(b)  confirm or rescind the decision of the Review Panel. O. Reg. 11/23, s. 10.

(4) Even if the appellant appeals an order of the Review Panel, the order takes effect immediately, unless the order provides otherwise, but the Divisional Court may grant a stay until the disposition of the appeal. O. Reg. 11/23, s. 10.