Technical Standards and Safety Act, 2000, S.O. 2000, c. 16

• Jurisdiction: Ontario

Technical Standards and Safety Act, 2000

S.O. 2000, Chapter 16

Consolidation Period: From July 1, 2022 to the e-Laws currency date.

Last amendment: 2020, c. 14, Sched. 9.

CONTENTS

Part I
PURPOSE, APPLICATION, DEFINITIONS

Purpose

1 The purpose of this Act is to enhance public safety in Ontario by providing for the efficient and flexible administration of technical standards with respect to the matters referred to in section 2. 2000, c. 16, s. 1.

Application

2 This Act applies to amusement devices, boilers and pressure vessels, elevating devices, fuels, and operating engineers. 2019, c. 4, Sched. 7, s. 1.

Section Amendments with date in force (d/m/y)

2006, c. 34, s. 25 (1) - 20/12/2006

2019, c. 4, Sched. 7, s. 1 (1) - 03/04/2019; 2019, c. 4, Sched. 7, s. 1 (2) - 01/07/2019

Definitions

3 In this Act,

“administrative penalty” means an administrative penalty imposed under section 32.1; (“pénalité administrative”)

“alternate rules” mean the rules made by a director and approved by an order of the Minister made under section 36.1; (“règles de rechange”)

“assessor” means a person appointed as an assessor under this Act; (“évaluateur”)

“authorization” means any form of authorization under this Act and includes,

(a) with respect to a person, a certificate, identification, licence or registration, and

(b) with respect to a thing, an approval, certificate, licence, permit or registration; (“autorisation”)

“Corporation” means the corporation continued by subsection 3.1 (1); (“Société”)

“director” means a person appointed as a director under this Act or a predecessor Act; (“directeur”)

“dwelling” means any premises or any part of a premises occupied exclusively as living accommodation; (“logement”)

“inspector” means a person appointed as an inspector under this Act or a predecessor Act; (“inspecteur”)

“Minister” means the Minister responsible for the administration of this Act; (“ministre”)

“Minister’s order” means an order made by the Minister under section 33 unless the context requires otherwise; (“arrêté du ministre”)

“person” means an individual, an association, a partnership or a corporation; (“personne”)

“predecessor Act” means any of the following:

1. Amusement Devices Act.

2. Boilers and Pressure Vessels Act.

3. Elevating Devices Act.

4. Energy Act.

5. Gasoline Handling Act.

6. Operating Engineers Act.

7. Repealed: 2019, c. 4, Sched. 7, s. 2 (2).

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

“regulations” means the regulations made under this Act; (“règlements”)

“seal” means to mark, tag, seal or label, and its noun has a corresponding meaning. (“apposer les scellés”) 2000, c. 16, s. 3; 2009, c. 28, s. 1; 2018, c. 7, s. 13; 2019, c. 4, Sched. 7, s. 2.

Section Amendments with date in force (d/m/y)

2009, c. 28, s. 1 (1, 2) - 01/05/2010

2018, c. 7, s. 13 - 01/07/2022

2019, c. 4, Sched. 7, s. 2 (1) - 03/04/2019; 2019, c. 4, Sched. 7, s. 2 (2) - 01/07/2019

Part II
Administration

Corporation

Corporation continued

3.1 (1) The Technical Standards and Safety Authority is continued as a corporation without share capital under the name Technical Standards and Safety Authority in English and Office des normes techniques et de la sécurité in French. 2009, c. 28, s. 2.

Letters patent revoked

(2) The letters patent and supplementary letters patent of the Technical Standards and Safety Authority are revoked. 2009, c. 28, s. 2.

Section Amendments with date in force (d/m/y)

2009, c. 28, s. 2 - 01/05/2010

Composition

3.2 (1) The Corporation is composed of the members of its board of directors. 2009, c. 28, s. 2.

Same

(2) A person ceases to be a member of the Corporation when he or she ceases to be a director. 2009, c. 28, s. 2.

Section Amendments with date in force (d/m/y)

2009, c. 28, s. 2 - 01/05/2010

Not Crown agents

3.3 (1) The Corporation and its members, officers, directors, employees and agents, together with the persons whose services it retains, are not agents of the Crown and shall not hold themselves out as agents of the Crown. 2009, c. 28, s. 2.

Same

(2) The directors described in subsection (1) include directors appointed by the Minister. 2009, c. 28, s. 2.

Section Amendments with date in force (d/m/y)

2009, c. 28, s. 2 - 01/05/2010

Application of Corporations Information Act

3.4 The Corporations Information Act applies to the Corporation. 2010, c. 15, s. 245 (1).

Section Amendments with date in force (d/m/y)

2009, c. 28, s. 2 - 01/05/2010

2010, c. 15, s. 245 (1) - 19/10/2021

Conflict

3.4.1 In the event of a conflict, a Minister’s order made under this Act prevails over the memorandum of understanding and the Corporation’s by-laws and resolutions. 2020, c. 14, Sched. 9, s. 1.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 9, s. 1 - 14/07/2020

Powers of a natural person

3.5 (1) The Corporation has the capacity and the rights, powers and privileges of a natural person, except as limited by this Act or as prescribed. 2009, c. 28, s. 2.

Restriction, commercial activity

(2) The Corporation shall not engage in commercial activity through an individual, corporation or other entity that is related to the Corporation. 2020, c. 14, Sched. 9, s. 2.

Section Amendments with date in force (d/m/y)

2009, c. 28, s. 2 - 01/05/2010

2020, c. 14, Sched. 9, s. 2 - 01/07/2021

Objects of the Corporation

3.6 The following are the objects of the Corporation:

1. To promote and undertake activities which enhance public safety in relation to the matters assigned to the Corporation under this Act, the regulations and alternate rules.

2. To undertake public safety services in relation to the matters assigned to the Corporation under this Act, the regulations and alternate rules, including training, certification, licensing, registration, audit, quality assurance, inspection, investigation and enforcement.

3. To promote and undertake activities which encourage the harmonization of technical safety standards and compliance practices.

4. To inform, educate and work with industry, government and the public in relation to the matters assigned to the Corporation under this Act, the regulations and alternate rules.

5. To encourage industry to enhance safety in a responsible manner in relation to the matters assigned to the Corporation under this Act, the regulations and alternate rules.

6. To promote and undertake additional activities in accordance with the memorandum of understanding under section 3.15.

7. To carry out any additional objects the Minister may by order specify. 2009, c. 28, s. 2; 2019, c. 4, Sched. 7, s. 3.

Section Amendments with date in force (d/m/y)

2009, c. 28, s. 2 - 01/05/2010

2019, c. 4, Sched. 7, s. 3 - 03/04/2019

Board of directors

3.7 (1) The board of directors shall manage or supervise the management of the affairs of the Corporation. 2009, c. 28, s. 2.

Composition

(2) The board of directors shall consist of 13 members unless the number is changed by order of the Minister under clause (8) (a). 2009, c. 28, s. 2.

Appointed directors

(3) The Minister may appoint at pleasure directors to the board for a term specified in the appointment as long as the directors appointed by the Minister do not constitute a majority of the board. 2020, c. 14, Sched. 9, s. 3 (1).

Same

(4) The directors appointed by the Minister may include representatives of consumer groups, business, government organizations or such other interests as the Minister determines. 2009, c. 28, s. 2.

Same

(5) The Corporation shall provide for the payment of reasonable remuneration and expenses to the directors appointed by the Minister. 2009, c. 28, s. 2.

Number of appointed directors

(6) Subject to subsection (3), the number of directors appointed by the Minister shall be established by order of the Minister. 2009, c. 28, s. 2.

Elected directors

(7) Directors other than the directors appointed by the Minister shall be elected by the members of the board. 2009, c. 28, s. 2.

Composition of the board, Minister’s order

(7.1) The Minister may, by order, provide that no more than a fixed percentage of members of the board shall be drawn from among the persons or classes of persons specified in the order. 2020, c. 14, Sched. 9, s. 3 (2).

Change in number of directors

(8) Subject to subsection (3), the Minister may, by order, increase or decrease,

(a) the number of members of the board; and

(b) the number of directors appointed by the Minister. 2009, c. 28, s. 2.

Competency criteria

(8.1) The Minister may, by order,

(a) establish competency criteria for members of the board of the Corporation; and

(b) establish rules about the nomination of board members, the appointment or election process, the length of their terms and whether they may be reappointed or re-elected. 2020, c. 14, Sched. 9, s. 3 (2).

Qualifications

(9) A person may be appointed or elected a director under this section only if the person meets the competency criteria established or approved by the Minister. 2009, c. 28, s. 2; 2020, c. 14, Sched. 9, s. 3 (3).

Chair and vice-chair

(10) The Minister shall appoint the chair and the vice-chair of the board from among the directors. 2009, c. 28, s. 2.

Transition, board of directors

(11) The persons who are directors of the Technical Standards and Safety Authority immediately before the day this subsection comes into force continue as directors of the Corporation until replaced or removed. 2009, c. 28, s. 2.

Section Amendments with date in force (d/m/y)

2009, c. 28, s. 2 - 01/05/2010

2020, c. 14, Sched. 9, s. 3 (1-3) - 14/07/2020

By-laws

3.8 (1) The board of directors may make by-laws governing the conduct and management of the affairs of the Corporation. 2009, c. 28, s. 2.

Public access to Corporation by-laws

(2) The Corporation shall make its by-laws available on its website, and by any other means that the Corporation determines, within the time specified in the...