Amusement Devices Act, R.S.O. 1990, c. A.20

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Amusement Devices Act

R.S.O. 1990, CHAPTER A.20

Note: This Act was repealed on June 27, 2001. See: 2000, c. 16, ss. 45 (1), 47.

Amended by: 1994, c. 27, s. 69; 1996, c. 19, s. 16; 2000, c. 16, s. 45 (1).

(NOTE: By Order in Council approved March 5, 2001, the powers and duties of the Minister were transferred to the Minister of Consumer and Business Services.)

Note: Despite the repeal of this Act by the Statutes of Ontario, 2000, chapter 16, subsection 45 (1), the regulations made under this Act continue in effect until they are revoked and replaced by regulations or Minister’s orders made under the Technical Standards and Safety Act, 2000; a designation made under the Ministry of Consumer and Commercial Relations Act and a licence, certificate, approval, identification, registration or permit granted under this Act that are in effect on the day the Technical Standards and Safety Act, 2000 comes into force continue to be in effect until they expire or are earlier revoked; and every director, inspector, chief officer or chief inspector appointed under this Act or section 16 of the Ministry of Consumer and Commercial Relations Act who are in office on the day the Technical Standards and Safety Act, 2000 comes into force continue in office until the appointment expires or is earlier revoked. See: 2000, c. 16, ss. 45 (3), 47.

Definitions

1. (1) In this Act,

“amusement device” means a machine, contrivance, structure or vehicle used in an amusement park to entertain members of the public by moving them or causing them to be moved; (“attraction”)

“amusement park” means a facility, open to the public, used in connection with a carnival, fair, shopping centre, resort, park or place of entertainment where amusement devices are provided; (“parc d’attractions”)

“Deputy Minister” means the Deputy Minister of Consumer and Commercial Relations; (“sous-ministre”)

“Director” means a person appointed as a Director for the purposes of this Act; (“directeur”)

“licensee” means a person licensed under this Act; (“titulaire d’une licence”)

“Ministry” means the Ministry of Consumer and Commercial Relations; (“ministère”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means the regulations made under this Act. (“règlements”) R.S.O. 1990, c. A.20, s. 1; 1994, c. 27, s. 69 (1).

Application of R.S.O. 1990, c. M.21

(2) Sections 15 to 19 of the Ministry of Consumer and Commercial Relations Act, to the extent that they apply to this Act, are enforceable in the same manner and to the same extent as if they had been enacted as provisions in this Act. 1994, c. 27, s. 69 (2).

Non-application

2. This Act does not apply to,

(a) amusement devices operated by muscular power only that are provided for children in a public park, playground or similar facility;

(b) coin-operated amusement devices designed for one or two children;

(c) trains, vehicles or conveyances operated solely for transportation purposes; or

(d) devices regulated under the Elevating Devices Act. R.S.O. 1990, c. A.20, s. 2.

Licence required

3. No person shall carry on the business of operating amusement devices except under the authority of and in accordance with a licence. R.S.O. 1990, c. A.20, s. 3.

Liability insurance

4. Every person who carries on the business of operating amusement devices shall procure and maintain liability insurance in respect of the operation of the business in an amount not less than a prescribed amount. R.S.O. 1990, c. A.20, s. 4.

Permit required

5. (1) No person shall operate an amusement device unless there is a current permit issued by the Director for the device. R.S.O. 1990, c. A.20, s. 5 (1).

Entitlement to permit

(2) Every applicant for a permit for an amusement device is entitled to the permit upon the prescribed conditions being met. R.S.O. 1990, c. A.20, s. 5 (2).

Restrictions

(3) Any permit may be granted subject to such prescribed restrictions as the Director considers appropriate. R.S.O. 1990, c. A.20, s. 5 (3).

Changes require consent

(4) No person shall significantly alter an amusement device after a permit has been issued for it without express consent of the Director. R.S.O. 1990, c. A.20, s. 5 (4).

Unsafe operation

6. (1) No person shall operate an amusement device or cause or permit it to be operated,

(a) if that person knows or could reasonably be expected to know that the device is not safe to operate;

(b) in an unsafe manner; or

(c) using an unsafe practice. R.S.O. 1990, c. A.20, s. 6 (1).

Consent to operate

(2) No person shall operate or cause or permit the operation of an amusement device that is involved in an accident that results in the death or serious injury to any person without the consent of the Director. R.S.O. 1990, c. A.20, s. 6 (2).

Tampering

(3) No person shall remove, displace, interfere with or damage any device installed in or about an amusement device for its safe operation. R.S.O. 1990, c. A.20, s. 6 (3).

Dangerous behaviour

(4) No person shall behave in or on an amusement device or do any work on an amusement device in such manner as to,

(a) impair the safe operation of the device; or

(b) endanger any person. R.S.O. 1990, c. A.20, s. 6 (4).

Licence

7. (1) Every applicant for a licence under this Act who meets the prescribed conditions is entitled to receive the licence. R.S.O. 1990, c. A.20, s. 7 (1).

Refusal to license

(2) The Director may refuse to grant a licence to any applicant who does not meet the prescribed conditions. R.S.O. 1990, c. A.20, s. 7 (2).

Restrictions

(3) Any licence may be granted subject to such prescribed restrictions as the Director considers appropriate. R.S.O. 1990, c. A.20, s. 7 (3).

Revocation or suspension

8. (1) The Director may, after a hearing, revoke or suspend any licence if the licensee is in contravention of this Act or the regulations or of a restriction or condition in the licence, or cancel any permit if there is a contravention of a restriction or condition in the permit. R.S.O. 1990, c. A.20, s. 8 (1).

Delayed effect

(2) A revocation, suspension or cancellation under subsection (1) does not take effect until final disposition of an appeal or the expiration of the thirty-day period for appeal without an appeal being filed. R.S.O. 1990, c. A.20, s. 8 (2).

Appeals

9. (1) Where the Director refuses to,

(a) issue a permit for an amusement device;

(b) consent to an alteration to an amusement device;

(c) grant a licence; or

(d) revoke an order made under section 12,

or where the Director,

(e) grants a permit or licence subject to restrictions;

(f) cancels a permit; or

(g) revokes or suspends a licence,

the applicant, permit holder or licensee, as the case may be, may appeal to the Ontario Court (General Division) by filing a notice of appeal within thirty days after receiving notice of the Director’s decision. R.S.O. 1990, c. A.20, s. 9 (1).

Idem

(2) On an appeal under subsection (1), the court may order the Director to take such action as the court considers proper. R.S.O. 1990, c. A.20, s. 9 (2).

Director is party

(3) The Director is a party to every appeal under this section. R.S.O. 1990, c. A.20, s. 9 (3).

Inspectors

10. (1) The Deputy Minister may designate in writing any employee of the Crown as an inspector for the purpose of this Act. R.S.O. 1990, c. A.20, s. 10 (1).

Powers

(2) For the purposes of this Act and the regulations, an inspector designated under subsection (1) or a police officer,

(a) may enter on any grounds or premises, without warrant, wherein there is reason to believe that an amusement device is being operated, installed or repaired, to inspect or observe the operation of the device;

(b) may enter on any grounds or premises, at any time reasonable in the circumstances, to inspect an amusement device;

(c) may require any licensee to produce for inspection any licence, permit, report, record or other document that the licensee is required to have by this Act or the regulations;

(d) may require any licensee to co-operate in and assist with an inspection; and

(e) may inspect and test any amusement device or inspect any document that may be required to be produced under clause (c). R.S.O. 1990, c. A.20, s. 10 (2).

Idem

(3) An inspector designated under subsection (1),

(a) may require that a part of an amusement device be sealed to prevent readjustment thereof; and

(b) if there are reasonable grounds to believe that an amusement device cannot or will not be operated safely, may require the licensee of the device to conduct, at the licensee’s expense, such tests as the inspector may specify. R.S.O. 1990, c. A.20, s. 10 (3).

Assistants

(4) In the exercise of a power under subsection (2), an inspector or police officer may be accompanied by such experts or assistants as may be helpful in the exercise of the power. R.S.O. 1990, c. A.20, s. 10 (4).

Definition

(5) In subsection (2),

“premises” does not include a dwelling. R.S.O. 1990, c. A.20, s. 10 (5).

Offences: no obstruction

11. (1) No person shall obstruct or interfere with a person exercising a power under subsection 10 (2). R.S.O. 1990, c. A.20, s. 11 (1).

production of documents

(2) No person shall refuse or fail to produce a document that is required under clause 10 (2) (c). R.S.O. 1990, c. A.20, s. 11 (2).

false information, etc.

(3) Where information is required to be furnished or a document is required to be provided or produced under this Act or the regulations, no person furnishing such information or providing or producing such document shall furnish false information or provide or produce a false document. R.S.O. 1990, c. A.20, s. 11 (3).

Order not to use

12. (1) An inspector who has reason to believe that an amusement device,

(a) is not being or cannot be operated safely;

(b) will be operated unsafely; or

(c) is being operated other than in accordance with a permit,

shall order that the device not be operated or used and shall affix a seal thereto. R.S.O. 1990, c. A.20, s. 12 (1).

Revocation of order

(2) An inspector may revoke any order made under subsection (1) upon being satisfied that a potential danger no longer exists or that the device will be operated in accordance with a permit, as the case may be. R.S.O. 1990, c. A.20, s. 12 (2).

Offence: re operation

(3) No person shall operate or cause or permit the operation of an amusement device in contravention of an order issued under subsection (1). R.S.O. 1990, c. A.20, s. 12 (3).

removal of seal

(4) No person shall remove a seal affixed by an inspector without the consent of an inspector. R.S.O. 1990, c. A.20, s. 12 (4).

When order revoked

(5) Subsection (4) does not apply upon the revocation of the order that was made when the seal was affixed. R.S.O. 1990, c. A.20, s. 12 (5).

Where contravention

13. (1) An inspector who has reason to believe that there is a contravention of this Act or the regulations that does not present an immediate hazard may serve the contravenor or a person who has the authority to correct the contravention with a written order directing that the deficiency be corrected within the time specified in the order. R.S.O. 1990, c. A.20, s. 13 (1).

Idem

(2) Any person who receives an order under subsection (1) and complies with the order is not guilty of an offence in respect of the contravention that was the subject-matter of the order. R.S.O. 1990, c. A.20, s. 13 (2).

Appeal

14. (1) Any person affected by an order of an inspector may appeal at any time to the Director. R.S.O. 1990, c. A.20, s. 14 (1).

Hearing

(2) Upon receiving an appeal under subsection (1), the Director shall hold a hearing as soon as is reasonably possible. R.S.O. 1990, c. A.20, s. 14 (2).

Decision

(3) After a hearing, the Director shall revoke the order that is the subject-matter of the hearing if the Director is satisfied that a potential danger does not exist or shall affirm the order if the Director is not so satisfied. R.S.O. 1990, c. A.20, s. 14 (3).

Certificate by Director

15. The Director may issue a certificate as to the registration or non-registration of an amusement device, the existence or non-existence of a licence, the revocation or suspension of a licence or the restrictions to which a licence is subject and every such certificate is proof, in the absence of evidence to the contrary, of the facts stated in it, without any proof of appointment or signature. R.S.O. 1990, c. A.20, s. 15.

Disclosure of information

16. (1) An inspector shall not disclose to any person any information or document obtained under this Act and the regulations except for the purposes of carrying out his or her duties under this Act and the regulations. R.S.O. 1990, c. A.20, s. 16 (1).

Idem

(2) The Director may disclose any information, documents or test results obtained under this Act and the regulations. R.S.O. 1990, c. A.20, s. 16 (2).

Notification of accident, etc.

17. (1) If an accident or an incident occurs in connection with an amusement device that results in the death of or serious injury to any person, the licensee responsible for the device shall immediately notify the Director of the accident or incident. R.S.O. 1990, c. A.20, s. 17 (1).

Idem

(2) Every licensee responsible for an amusement device that is involved in an accident or in any incident indicating that the device is potentially dangerous shall notify the Director, by telephone, within twenty-four hours after the accident or incident and shall submit to the Director, within seven days after the accident or incident, a written report setting out the particulars of the accident or incident. R.S.O. 1990, c. A.20, s. 17 (2).

Disturbing evidence

(3) No person, except for the purpose of rescuing a person injured in the accident, shall interfere with an amusement device involved in the death or serious injury of a person or disturb, destroy, carry away or alter any wreckage, article or thing at the scene of or connected with the accident without permission of an inspector. R.S.O. 1990, c. A.20, s. 17 (3).

Penalty

18. (1) Every person who contravenes this Act or the regulations or who fails to comply with an order of an inspector is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both, or if the person is a body corporate, to a fine of not more than $100,000. R.S.O. 1990, c. A.20, s. 18 (1).

Idem

(2) Where a body corporate is guilty of an offence under subsection (1), every director or officer of the body corporate who, without reasonable cause, authorized, permitted or acquiesced in the offence is also guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both. R.S.O. 1990, c. A.20, s. 18 (2).

Time limit

(3) No proceeding in respect of an alleged offence under this Act may be commenced after two years following the date on which the facts that gave rise to the alleged offence were discovered. 1996, c. 19, s. 16.

Regulations

19. (1) The Lieutenant Governor in Council may make regulations,

(a) providing for the registration of amusement devices and the issuing of permits therefor and prescribing the requirements to be met as conditions for registration and the issue of a permit;

(b) prescribing conditions to be met for entitlement for a licence;

(c) prescribing conditions and requirements for maintaining a licence or a permit;

(d) Repealed: 1994, c. 27, s. 69 (3).

(e) prescribing information to be reported and providing for reports including the frequency, time and manner for reporting;

(f) prescribing the information, records and documents to be kept;

(g) prescribing classes of amusement devices;

(h) prescribing classes of licensees;

(i) regulating the use, location, design, construction, installation, blocking, operating, dismantling, removing, alteration, repair, maintenance, service, testing, transportation and inspection of amusement devices, parts thereof and equipment used in conjunction therewith;

(j) prescribing qualifications, training and experience required by operators, attendants and mechanics working with amusement devices and prohibiting persons without the prescribed qualifications, training or experience from working with or being employed to work with amusement devices;

(k) prescribing notices and markings to be used in conjunction with amusement devices and requiring their use;

(l) prescribing conditions for the purposes of subsection 5 (3) or 7 (3);

(m) prescribing fees;

(n) prescribing the circumstances under which expenses or special fees, or both, are to be paid and prescribing the special fees and designating the persons by whom such expenses or fees are to be paid;

(o) classifying inspections and prescribing the fees to be paid for inspections or witnessing tests by inspectors and prescribing by whom the fees shall be paid;

(p) exempting any amusement device or person or class or type thereof from any provision of this Act or the regulations;

(q) prescribing, for the purpose of section 4, the minimum amount of liability insurance that applies to any class or type of operation. R.S.O. 1990, c. A.20, s. 19 (1); 1994, c. 27, s. 69 (3).

Idem

(2) A regulation may be general or specific in its application. R.S.O. 1990, c. A.20, s. 19 (2).

(3) Repealed: 1994, c. 27, s. 69 (4).

(4) Repealed: 1994, c. 27, s. 69 (4).

(5) Repealed: 1994, c. 27, s. 69 (4).

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