ENH 121 - Final Exam Important Notes PDF

ENH 121 - Final Exam Important Notes Unit 7A - OHS Law I Internal IRS - Employer - Directors - All employees - H&S Committee - H&S Rep - H&S Dept - Union Direct Responsibility - Employer - D...

ENH 121 - Final Exam Important Notes Unit 7A - OHS Law I Internal IRS - Employer - Directors - All employees - H&S Committee - H&S Rep - H&S Dept - Union Direct Responsibility - Employer - Director - President - Manager - Supervisor - Worker Contributive Responsibility - H&S Committee - H&S Rep - H&S Dept - Union External IRS - Government - inspectors/ Officers - Worker’s Compensation - Safety Associations - Suppliers - Unions - Tribunals - Courts - Media Basic Structure of the IRS Correct Description of the IRS - An element of the OHS management system - Something you already have - Individualistic - About the personal responsibility of each individual - Is primarily about duties - Is monitored and supported by the committee - Is connected to due diligence (tells us who must be duly diligent) - If it works well will ensure regulatory compliance Sectoral Regulations - Construction Projects: O. Reg. 213/91. Last amendment: 64/18.  - Industrial Establishments: R.R.O. 1990, Reg. 851. Last amendment: 456/18. - Mines and Mining Plants: R.R.O. 1990, Reg. 854. Last amendment: 61/18. Designated Substances - Acrylonitrile - Arsenic - Asbestos - Asbestos on Construction Projects and in Buildings and Repair Operations - Benzene - Coke Oven Emissions - Ethylene Oxide - Isocyanates - Lead - Mercury - Silica - Vinyl Chloride Ontario OHSA Definitions - Board - Means the Ontario Labour Relations Board - certified member - Means a committee member who is certified under section 7.6 - committee - Means a joint health & safety committee continued under this Act - Chief Prevention Officer - Means the CPO appointed under subsection 22.3 - competent person - Person who is qualified because of knowledge, training and experience to organize the work and its performance, - Is familiar with the provisions of this Act and the regulations that apply to the work, and - Has knowledge of any potential or actual danger to health or safety in the workplace; - construction - Includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work  or undertaking in connection with a project but does not include any work or undertaking underground in a mine - project - Means a construction project, whether public or private including, - The construction of a building, bridge, structure, industrial establishment, mining plant, shaft, tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof, - The moving of a building or structure, and - Any work or undertaking, or any lands or appurtenances used in connection with construction - Construction project = a verb from construction & a noun from project. Then the Construction Reg applies - constructor - Means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer - Deputy Minister - Means the Deputy Minister of Labour - designated substance - means a biological, chemical or physical agent or combination thereof prescribed as a designated substance to which the exposure of a worker is prohibited, regulated, restricted, limited or controlled - Director - Means an inspector under this Act who is appointed as a Director for the purposes of this Act - employer - Means a person who employs one or more workers or contracts for the services of one or more workers and includes a contractor or subcontractor who performs work or supplies services and a contractor or subcontractor who undertakes with an owner, constructor, contractor or sub-contractor to perform work or supply services - factory - A building or place other than a mine, mining plant or place where homework is carried on, where,  - Any manufacturing process or assembling in connection with the manufacturing of any goods or products is carried on, - In preparing, inspecting, manufacturing, finishing, repairing, warehousing, cleaning or adapting for hire or sale any substance, article or thing, energy is, - Used to work any machinery or device or, - Modified in any manner - Any work is performed by way of trade or for the purposes of gain in or incidental to the making of any goods, substance, article or thing or part thereof, - Any work is performed by way of trade or for the purposes of gain in or incidental to the altering, demolishing, repairing, maintaining, ornamenting, finishing, storing, cleaning, washing or adapting for sale of any goods, substance, article or thing, or - Aircraft, locomotives or vehicles used for private or public transport are maintained, - A laundry including a laundry operated in conjunction with, - A public or private hotel, - A hotel or, - A public or private institution for religious, charitable or educational purposes, and - Logging operation - hazardous material - Means a biological or chemical agent named or described in the regulations as a hazardous material; - hazardous physical agent - Means a physical agent named or described in the regulations as a hazardous physical agent; - health & safety representative - Means a health and safety representative selected under this Act - homework - Means the doing of any work in the manufacture, preparation, improvement, repair, alteration, assembly or completion of any article or thing or any part thereof by a person for wages in premises occupied primarily as living accommodation - industrial establishment - Means an office building, factory, arena, shop or office, and any land, buildings and structures appertaining there to;  - [and therefore the Industrial Reg applies] - inspector - Means an inspector appointed for the purposes of this Act and includes a Director - labour relations officer - Means a labour relations officer appointed under the Labour Relations Act, 1995 - “licensee” - Means a person who holds a licence under Part III of the Crown Forest Sustainability Act, 1994 - logging - Means the operation of felling or trimming trees for commercial or industrial purposes and includes the measuring, storing, transporting or floating of logs, the maintenance of haul roads, scarification, the carrying out of planned burns and the practice of silviculture; - [Logging into “factory” and then into “industrial establishment”] - mine - Means any work or undertaking for the purpose of opening up, proving, removing or extracting any metallic or non-metallic mineral or mineral-bearing substance, rock, earth, clay, sand or gravel - mining plant - Means any roasting or smelting furnace, concentrator, mill or place used for or in connection with washing, crushing, grinding, sifting, reducing, leaching, roasting, smelting, refining, treating or research on any substance mentioned in the definition of "mine" - Minister - Means the Minister of Labour - Ministry - Means the Ministry of Labour - occupational illness - Means a condition that results from exposure in a workplace to a physical, chemical or biological agent to the extent that the normal physiological mechanisms are affected and the health of the worker is impaired thereby and includes an occupational disease for which a worker is entitled to benefits under the Workplace Safety and Insurance Act, 1997 - Office of the Employer Adviser  - Means the office continued under subsection 176 (2) of the Workplace Safety and Insurance Act, 1997 - Office of the Worker Adviser - Means the office continued under subsection 176 (1) of the Workplace Safety and Insurance Act, 1997 - owner - includes a trustee; receiver, mortgage in possession, tenant, lessee, or occupier of any lands or premises used or to be used as a workplace, and a person who acts for or on behalf of an owner as an agent or delegate - prescribed - Means prescribed by a regulation made under this Act - regulations - Means the regulations made under this Act - shops - Means a building, booth or stall or a part of such building, booth or stall where goods are handled, exposed or offered for sale or where services are offered for sale - supervisor - Means a person who has charge of a workplace or authority over a worker - trade union - Means a trade union as defined in the Labour Relations Act - that has the status of exclusive bargaining agent under that Act in respect of any bargaining unit or units in a workplace and includes an organization representing workers or persons to whom this Act applies where such organization has exclusive bargaining rights under any other Act in respect of such workers or persons - worker - Means any of the following, but does not include an inmate of a correctional institution or like institution or facility who participates inside the institution or facility in a work project or rehabilitation program: 1. A person who performs work or supplies services for monetary compensation. 2. A secondary school student who performs work or supplies services for no monetary compensation under a work experience program authorized by the school board that operates the school in which the student is enrolled  3. A person who performs work or supplies services for no monetary compensation under a program approved by a college of applied arts and technology, university, private career college or other post-secondary institution 4. Repealed: 2017, c. 22, Sched. 1, s. 71 (2) 5. Such other persons as may be prescribed who perform work or supply services to an employer for no monetary compensation - workplace - Means any land, premises, location or thing at, upon, in or near which a worker works - workplace harassment - Means, - Engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome, or - Workplace sexual harassment - workplace sexual harassment - Means, - Engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or - Making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome - workplace violence - Means, - The exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker, - An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker, - A statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker The Duties in OHSA - Duties Generally - Constructor and Contractor Duties - Employer Duties - Worker Duties - Supervisor Duties - Directors and Officers Duties - Property Owners’ Duties - Suppliers’ Duties - Architects and Engineers’ Duties Some Questions re Duties - Be very careful about using a definition across jurisdictions. - Is the OHS Act of a jurisdiction encouraging a healthy Internal Responsibility System - Ask for each one, “what would be due diligence for this duty?” - What sort of “program” might be developed within an OHS management system to ensure compliance with the duty? Several Ideas about Duties 1. Personal 2. Can’t be delegated to avoid liability 3. Can’t be contracted out of 4. Interlocked - employer, supervisor and worker duties and integrated 5. Some are “regulation dependant” - where the duty says “as prescribed” 6. Some are “regulation independent” 7. The duties are broad and flexible and must be applied to any given situation 8. The courts have interpreted some duties to mean other than what they seem to say on the surface - "judicial (or common law) interpretation" 9. Due diligence is a defence to a charge that one has breached a duty Employer Duties in Ontario 25 (1) An employer shall ensure that, (a) the equipment, materials and protective devices as prescribed are provided;  (b) the equipment, materials and protective devices provided by the employer are maintained in good condition; (c) the measures and procedures prescribed are carried out in the workplace; (d) the equipment, materials and protective devices provided by the employer are used as prescribed; and (e) a building, structure, or any part thereof, or any other part of a workplace, whether temporary or permanent, is capable of supporting any loads that may be applied to it, (i) as determined by the applicable design requirements established under the version of the Building Code that was in force at the time of its construction, (ii) in accordance with such other requirements as may be prescribed, or (iii) in accordance with good engineering practice, if subclauses (i) and (ii) do not apply (2) Without limiting the strict duty imposed by subsection (1), an employer shall, (a) provide information, instruction and supervision to a worker to protect the health or safety of the worker; (b) in a medical emergency for the purpose of diagnosis or treatment, provide, upon request, information in the possession of the employer, including confidential business information, to a legally qualified medical practitioner and to such other persons as may be prescribed (c) when appointing a supervisor, appoint a competent person; (d) acquaint a worker or a person in authority over a worker with any hazard in the work and in the handling, storage, use, disposal and transport of any article, device, equipment or a biological, chemical or physical agent; (e) afford assistance and co-operation to a committee and a health and safety representative in the carrying out by the committee and the health and safety representative of any of their functions (f) only employ in or about a workplace a person over such age as may be prescribed; (g) not knowingly permit a person who is under such age as may be prescribed to be in or about a workplace; (h) take every precaution reasonable in the circumstances for the protection of a worker  (i) post, in the workplace, a copy of this Act and any explanatory material prepared by the Ministry, both in English and the majority language of the workplace, outlining the rights, responsibilities and duties of workers. (j) prepare and review at least annually a written occupational health and safety policy and develop and maintain a program to implement that policy; (k) post at a conspicuous location in the workplace a copy of the occupational health and safety policy (i) post, in the workplace, a copy of this Act and any explanatory material prepared by the Ministry, both in English and the majority language of the workplace, outlining the rights, responsibilities and duties of workers. (j) prepare and review at least annually a written occupational health and safety policy and develop and maintain a program to implement that policy; (k) post at a conspicuous location in the workplace a copy of the occupational health and safety policy (l) provide to the committee or to a health and safety representative the results of a report respecting occupational health and safety that is in the employer's possession and, if that report is in writing, a copy of the portions of the report that concern occupational health and safety; (m) advise workers of the results of a report referred to in clause (l) and, if the report is in writing, make available to them on request copies of the portions of the report that concern occupational health and safety; and (n) notify a Director if a committee or a health and safety representative, if any, has identified potential structural inadequacies of a building, structure, or any part thereof, or any other part of a workplace, whether temporary or permanent, as a source of danger or hazard to workers. R.S.O. 1990, c. O.1, s. 25 (2); 2017, c. 34, Sched. 30, s. 1 (1). (3) For the purposes of clause (2) (c), an employer may appoint himself as a supervisor where the employer is a competent person. (4) Clause (2) (j) does not apply with respect to a workplace at which five or fewer workers are regularly employed. (5) Clause (2) (n) does not apply to an employer that owns the workplace Unit 7B - Property Law 1. Property Law - Most of property law is concerned with ownership, buying and selling and inheritance  - Our concern is with the liability of the owner for accidents to the “entrant”, and with the status of being a “trespasser” and the liability that follows PH Concern - PHIs routinely inspect restaurants, pools, schools, day cares, residential institutions. - What do you do if you see an unsafe condition or unsafe activity? - Can you issue a section 13 HPPA order? - Can you advise occupier of duty of care of occupier under Occupiers’ Liability Act? - Does the occupier owe the PHI a duty of care? 2. Occupier’s Liability Act Occupier’s duty 3 (1) An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises. (2) The duty of care provided for in subsection (1) applies whether the danger is caused by the condition of the premises or by an activity carried on on the premises. (3) The duty of care provided for in subsection (1) applies except in so far as the occupier of premises is free to and does restrict, modify or exclude the occupier’s duty. Criminal Activity 4 (2) A person who is on premises with the intention of committing, or in the commission of, a criminal act shall be deemed to have willingly assumed all risks and is subject to the duty of care set out in subsection (1). 3. Trespass to Property Act Trespass as an Offense 2 (1) Every person who is not acting under a right or authority conferred by law and who, (a) without the express permission of the occupier, the proof of which rests on the defendant, (i) enters on premises when entry is prohibited under this Act, or (ii) engages in an activity on premises when the activity is prohibited under this Act; or (b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier, is guilty of an offence and on conviction is liable to a fine  of not more than $10,000. R.S.O. 1990, c. T.21, s. 2 (1); 2016, c. 8, Sched. 6, s. 1. [$2000 to $10,000 in 2016] Colour of right as a defence 2 (2) It is a defence to a charge under subsection (1) in respect of premises that is land that the person charged reasonably believed that he or she had title to or an interest in the land that entitled him or her to do the act complained of. Red markings 7 (1) Red markings made and posted in accordance with subsections (3) and (4) are sufficient for the purpose of giving notice that entry on the premises is prohibited. Yellow markings (2) Yellow markings made and posted in accordance with subsections (3) and (4) are sufficient for the purpose of giving notice that entry is prohibited except for the purpose of certain activities and shall be deemed to be notice of the activities permitted. Size 7 (3) A marking under this section shall be of such a size that a circle ten centimetres in diameter can be contained wholly within it. Posting (4) Markings under this section shall be so placed that a marking is clearly visible in daylight under normal conditions from the approach to each ordinary point of access to the premises to which it applies. Unit 8 - OHS Law II 1. Right to Participate Ontario Worker Health & Safety Rep. 8 (1) At a project or other workplace where no committee is required under section 9 and where the number of workers regularly exceeds five, the constructor or employer shall cause the workers to select at least one health and safety representative from among the workers at the workplace who do not exercise managerial functions. (2) If no health and safety representative is required under subsection (1) and no committee is required under section 9 for a workplace, the Minister may, by order in writing, require a constructor or employer to cause the workers to select one or more health and safety representatives from among the workers at the workplace or part thereof who do not exercise  managerial functions, and may provide in the order for the qualifications of such representatives. (11) A health and safety representative has the power, (a) to obtain information from the constructor or employer concerning the conducting or taking of tests of any equipment, machine, device, article, thing, material or biological, chemical or physical agent in or about a workplace for the purpose of occupational health and safety. (b) to be consulted about, and be present at the beginning of, testing referred to in clause (a) conducted in or about the workplace if the representative believes his or her presence is required to ensure that valid testing procedures are used or to ensure that the test results are valid; and (c) to obtain information from the constructor or employer respecting, (i) the identification of potential or existing hazards of materials, processes or equipment, and (ii) health and safety experience and work practices and standards in similar or other industries of which the constructor or employer has knowledge. Response to recommendations 8 (12) A constructor or employer who receives written recommendations from a health and safety representative shall respond in writing within twenty-one days. (13) A response of a constructor or employer under subsection (12) shall contain a timetable for implementing the recommendations the constructor or employer agrees with and give reasons why the constructor or employer disagrees with any recommendations that the constructor or employer does not accept. (14) Where a person is killed or critically injured at a workplace from any cause, the health and safety representative may, subject to subsection 51(2), inspect the place where the accident occurred and any machine, device or thing, and shall report his or her findings in writing to a Director. (15) A health and safety representative is entitled to take such time from work as is necessary to carry out his or her duties under subsections (6) and (14) and the time so spent shall be deemed to be work time for which the representative shall be paid by his or her employer at the representative's regular or premium rate as may be proper. Ontario - The Joint Health & Safety Committee (JHSC) 9 (1) Subject to subsection (3), this section does not apply, (a) to a constructor at a project at which work is expected to last less than three months; or  (b) to a prescribed employer or workplace or class of employers or workplaces. (2) A joint health and safety committee is required, (a) at a workplace at which twenty or more workers are regularly employed; (b) at a workplace with respect to which an order to an employer is in effect under section 33; or (c) at a workplace, other than a construction project where fewer than twenty workers are regularly employed, with respect to which a regulation concerning designated substances applies. Understanding it’s relationship to the IRS - These are workplace structures that involve cooperation between workers and employers to identify and address health and safety issues. They are a key element of the Internal Responsibility System (IRS), which is the underlying principle of the occupational health and safety legislation in Canada. (Google) Composition of Committee 9 (6) A committee shall consist of, (a) at least two persons, for a workplace where fewer than fifty workers are regularly employed; or (b) at least four persons or such greater number of people as may be prescribed, for a workplace where fifty or more workers are regularly employed (7) At least half the members of a committee shall be workers employed at the workplace who do not exercise managerial functions. (8) The members of a committee who represent workers shall be selected by the workers they are to represent or, if a trade union or unions represent the workers, by the trade union or unions. (9) The constructor or employer shall select the remaining members of a committee from among persons who exercise managerial functions for the constructor or employer and, to the extent possible, who do so at the workplace. (10) A member of the committee who ceases to be employed at the workplace ceases to be a member of the committee. (11) Two of the members of a committee shall co-chair the committee, one of whom shall be selected by the members who represent  workers and the other of whom shall be selected by the members who exercise managerial functions. Ontario Regulation 297/13 Powers of co-chairs (19.1) If the committee has failed to reach consensus about making recommendations under subsection (18) after attempting in good faith to do so, either co-chair of the committee has the power to make written recommendations to the constructor or employer. (20) A constructor or employer who receives written recommendations from a committee or co-chair shall respond in writing within twenty-one days. Minutes of Proceedings (22) A committee shall maintain and keep minutes of its proceedings and make the same available for examination and review by an inspector. 2. Right to Refuse Work Overview 1. Some people have a limited right to refuse 2. All others must follow the section 43 procedure 3. The worker has reason to believe there is a danger and refuses to work [Subjective belief] 4. The worker reports the refusal 5. The employer (supervisor) investigates (A Stage One investigation) 6. Either the worker goes back to work or the Ministry is called 7. The worker now must have reasonable grounds to believe there is a danger [Objective belief] 8. The inspector investigates (A Stage Two investigation) 9. The inspector decides whether the job is safe or unsafe 10. The employer responds or the worker goes back to work 11. The inspector's decision may be appealed 12. No unfair discipline or reprisals may be taken by employer Non-application to certain workers 43 (1) This section does not apply to a worker described in subsection (2), (a) when a circumstance described in clause (3) (a), (b) or (c) is inherent in the worker's work or is a normal condition of the worker's employment; or  (b) when the worker's refusal to work would directly endanger the life, health or safety of another person. Refusal to work (3) A worker may refuse to work or do particular work where he or she has reason to believe that, (a) any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker; (b) the physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself; (b.1) workplace violence is likely to endanger himself or herself; or (c) any equipment, machine, device or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention is likely to endanger himself, herself or another worker. Report of refusal to work (4) Upon refusing to work or do particular work, the worker shall promptly report the circumstances of the refusal to the worker's employer or supervisor who shall forthwith investigate the report in the presence of the worker and, if there is such, in the presence of one of, (a) a committee member who represents workers, if any; (b) a health and safety representative, if any; or (c) a worker who because of knowledge, experience and training is selected by a trade union that represents the worker, or if there is no trade union, is selected by the workers to represent them, who shall be made available and who shall attend without delay. Refusal to work following investigation 43 (6) Where, following the investigation or any steps taken to deal with the circumstances that caused the worker to refuse to work or do particular work, the worker has reasonable grounds to believe that, (a) the equipment, machine, device or thing that was the cause of the refusal to work or do particular work continues to be likely to endanger himself, herself or another worker; (b) the physical condition of the workplace or the part thereof in which he or she works continues to be likely to endanger himself or herself; (b.1) workplace violence continues to be likely to endanger himself or herself; or  (c) any equipment, machine, device or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention continues to be likely to endanger himself, herself or another worker, the worker may refuse to work or do the particular work and the employer or the worker or a person on behalf of the employer or worker shall cause an inspector to be notified thereof Duty to advise other workers (11) Pending the investigation and decision of the inspector, no worker shall be assigned to use or operate the equipment, machine, device or thing or to work in the workplace or in the part of the workplace being investigated unless, in the presence of a person described in subsection (12), the worker has been advised of the other worker's refusal and of his or her reasons for the refusal. Ontario Employer’s Duty to Avoid Reprisals Onus of Proof 50 (5) On an inquiry by the Board into a complaint filed under subsection (2) or a referral made under subsection (2.1), the burden of proof that an employer or person acting on behalf of an employer did not act contrary to subsection (1) lies upon the employer or the person acting on behalf of the employer. 3. Right to Know WHMIS Workers have a right to know about much more than chemicals, but to many peoples' minds "the right to know" means toxic chemicals. WHMIS: Workplace Hazardous Material Information System Elements of WHMIS The WHMIS Triad - All Canada: - Labels - Safety Data Sheets (SDSs) - Worker Instruction  Which Gov’t Has Jurisdiction over WHMIS? 1. The federal government and the provincial governments have jurisdiction, or power, over different parts of the WHMIS framework. 2. Under the Canadian Constitution, the federal government has the power to regulate national trade and commerce. This means it has jurisdiction over national schemes for labelling products, and over requirement that certain information accompany any sale of a product in Canada. 3. Also under the Constitution, the provincial government has the power to regulate relations between employers and workers in workplaces located in the province. 4. This means the federal government cannot pass laws concerning occupational health and safety in the province's workplaces (except federally regulated businesses), and the provincial governments cannot pass laws concerning the nation-wide distribution of products.  5. Therefore, WHMIS, which applies to products sold across Canada and to the relations between persons in the workplace, must be effected through interlocking federal and provincial legislation. Ontario WHMIS Section of the OHSA Hazardous material identification & data sheets 37 (1) An employer, (a) shall ensure that all hazardous materials present in the workplace are identified in the prescribed manner; (b) shall obtain or prepare, as may be prescribed, a current safety data sheet for all hazardous materials present in the workplace; and (c) shall ensure that the identification required by clause (a) and safety data sheets required by clause (b) are available in English and such other languages as may be prescribed. Exception 40.1 (2) An employee in the Ministry may communicate or allow to be communicated information described in subsection (1) or allow inspection of or access to any part of a book, record, writing or other document containing any such information to or by, (a) another employee in the Ministry for the purpose of administering or enforcing this Act; or (b) a physician or a medical professional prescribed under the Hazardous Materials Information Review Act (Canada) who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency. Instruction & Training 42 (1) In addition to providing information and instruction to a worker as required by clause 25 (2) (a), an employer shall ensure that a worker exposed or likely to be exposed to a hazardous material or to a hazardous physical agent receives, and that the worker participates in, such instruction and training as may be prescribed. WHMIS Classification Hazards are categorized by groups which are broken down into classes which are further broken down into categories. There are two groups of WHMIS hazards: 1. Physical (20 physical hazards) 2. Health (12 health hazards) Note: Environmental hazards are classified in GHS but not mandatory in WHMIS Categories/ Types The hazard classes may be further divided into one or more hazard categories (Categories 1-4) - Category 1 is the highest level of hazard (most hazardous) category Hazard classes may also be divided into one or more hazard “types” (instead of category) - A = greatest level of hazard (most hazardous) type Sub-categories Sometimes categories are also divided into sub- categories (depending on the class) Example: If a product is classified as follows: - 1A – greatest level of hazard - 1C – less hazardous than 1A - 2 – less hazardous than 1C Unit 9 - HPPA Law I HPPA Structure I Interpretation (Definitions) II Health Programs and Services III Community Health Protection IV Communicable Diseases V Rights of Entry and Appeals from Orders VI Health Units and Boards of Health VII Administration VIII Regulations IX Enforcement X Transition PART I Boards of Health - Southern Ontario geographically divided in local health units, each with a board of health, headed up by a local Medical Officer of Health (“CEO”) - Jurisdiction over health hazards in health unit, not outside, unless emergency - Boards of health get guidance from the MOHLT regarding health programs. Who sits on the boards of health: - Municipal members - MOHLTC appointed members - Possibly local band council members for native reserves - Differ in their emphasis given local control (e.g. rural versus urban Boards) - But all must deliver the mandatory health programs required by the MOHLTC “Health hazard” - a condition of a premises, that has or that is likely to have an adverse effect on the health of any person. A substance, thing, plant or animal other than man, that has or that is likely to have an adverse effect on the health of any person. A solid, liquid, gas or combination of any of them, that has or that is likely to have an adverse effect on the health of any person - “Likely to have an adverse effect on the health of any person” - “Likely” = greater than 50% chance? One case says “yes” - “Any person” = any person of a section of the population, not just “one person” - That has or is likely to have an adverse effect on the health of any person - Probability & severity (risk component) - No general duty clause - Does this mean jurisdiction over “public safety”? - If it assume it is a health hazard, they might appeal - PHI has some authoruty to destroy health hazards, ofc not humans, the are separte from the microorangism that plauges them - Doesnt necessary call out energy  - Radon - uranium from the soil Diseases 1. Disease of public health significance (formerly “reportable disease”) 2. Communicable disease 3. Virulent disease PART III Orders & Directions Section 13 Order by M.O.H. or public health inspector re health hazard 13 (1) A medical officer of health or a public health inspector, in the circumstances mentioned in subsection (2), by a written order may require a person to take or to refrain from taking any action that is specified in the order in respect of a health hazard. - Either a PHI or a Medical Officer of Health - Must be a health hazard - Requirements of Order must relate to health hazard - May specify time for compliance - Reasons must be in Order - May be oral Order if emergency Condition precedent to order 13 (2) A medical officer of health or a public health inspector may make an order under this section where he or she is of the opinion, upon reasonable and probable grounds, (a) that a health hazard exists in the health unit served by him or her; and (b) that the requirements specified in the order are necessary in order to decrease the effect of or to eliminate the health hazard. Time 13 (3) In an order under this section, a medical officer of health or a public health inspector may specify the time or times when or the period or periods of time within which the person to whom the order is directed must comply with the order. R.S.O. 1990, c.H.7, s. 13 (3). Nature of Order (s. 13 (4)) “include, but is not limited to,”  A. Vacate premises B. Close premises C. Placard premises D. Do work on premises E. Removal of health hazard F. Cleaning, disinfecting premises G. Destruction of thing H. Regulate activity re food I. Regulate use of any thing Person directed 13 (5) An order under this section may be directed to a person, (a) who owns or is the occupier of any premises but where an order is directed to the occupier, the person making the order shall deliver or cause the delivery of a copy of the order to the owner of the premises; (b) who owns or is in charge of any substance, thing, plant or animal or any solid, liquid, gas or combination of any of them; or (c) who is engaged in or administers an enterprise or activity, in the health unit served by the medical officer of health or the public health inspector. Reasons for order 13 (6) An order under this section is not effective unless the reasons for the order are set out in the order. Oral order 13 (7) Where the delay necessary to put an order under this section in writing will or is likely to increase substantially the hazard to the health of any person, the medical officer of health or the public health inspector may make the order orally and subsection (6) does not apply to the order. Description of person directed 13 (8) It is sufficient in an order under this section to direct the order to a person or persons described in the order, and an order under this section is not invalid by reason only of the fact that a person to whom the order is directed is not named in the order. Section 14 Directions If recipient of Order not likely to comply, Medical Officer of Health can direct an employee of health unit or a contractor to do the work, and the cost is billed to whoever received the order. Directions by M.O.H. 14 (1) A medical officer of health, in the circumstances specified in subsection (2), may give directions in accordance with subsection (3) to the persons whose services are engaged by or to agents of the board of health of the health unit served by the medical officer of health. When M.O.H. may give directions 14 (2) A medical officer of health may give directions in accordance with subsection (3) where the medical officer of health is of the opinion, upon reasonable and probable grounds, that a health hazard exists in the health unit and the person to whom an order is or would be directed under section 13,... (a) has refused to or is not complying with the order; (b) is not likely to comply with the order promptly; (c) cannot be readily identified or located and as a result the order would not be carried out promptly; or (d) requests the assistance of the medical officer of health in eliminating or decreasing the effect of the health hazard. Unpasturized or unsterilized milk 18 (1) No person shall sell, offer for sale, deliver or distribute milk or cream that has not been pasteurized or sterilized in a plant that is licensed under the Milk Act or in a plant outside Ontario that meets the standards for plants licensed under the Milk Act. R.S.O. 1990, c. H.7, s. 18 (1). Milk Products 18 (2) No person shall sell, offer for sale, deliver or distribute a milk product processed or derived from milk that has not been pasteurized or sterilized in a plant that is licensed under the Milk Act or in a plant outside Ontario that meets the standards for plants licensed under the Milk Act.R.S.O. 1990, c. H.7, s. 18 (2). Exception 18 (3) Subsection (1) does not apply in respect of milk or cream that is sold, offered for sale, delivered or distributed to a plant licensed under the Milk Act. R.S.O. 1990, c. H.7, s. 18 (3). Definition 18 (4) In subsection (2), “milk product” means a product processed or derived in whole or mainly from milk. Seizure Power 19 (1) A medical officer of health or a public health inspector who is of the opinion, upon reasonable and probable grounds, that a condition of any substance, thing, plant or animal other than man is a health hazard may seize or cause the seizure of the substance, thing, plant or animal. R.S.O. 1990, c. H.7, s. 19 (1). Examination 19 (2) The medical officer of health or public health inspector shall detain the substance, thing, plant or animal pending such examination or investigation as is necessary in his or her opinion or as is requested by the owner or person from whom the substance, thing, plant or animal was seized, to determine the existence of the health hazard. R.S.O. 1990, c. H.7, s. 19 (2). Return 19 (3) Where the examination or investigation indicates that a health hazard is not present, the medical officer of health or public health inspector shall release the substance, thing, plant or animal to the owner or person from whom it was seized. R.S.O. 1990, c. H.7, s. 19 (3). Destruction 19 (4) Where the examination or investigation indicates that a health hazard is present, the medical officer of health or public health inspector shall destroy or dispose of the substance, thing, plant or animal or take such other action as will eliminate or decrease the health hazard. Food 19 (5) Where food is seized under this section and the medical officer of health or public health inspector is of the opinion, upon reasonable and probable grounds, that the condition of the food is a health hazard, subsections (2) and (3) do not apply and he or she may destroy or dispose of the food or cause it to be destroyed or disposed of without further examination or investigation. Unit 10 - HPPA Law II Part 4 - Communicable Diseases - “Institution” - Understand federal & provincial prisons (PHI related) - “Superintendent” - “Administrator” Section 22 - (1) A medical officer of health, in the circumstances mentioned in subsection (2), by a written order may require a person to take or to refrain  from taking any action that is specified in the order in respect of a communicable disease. - (2) A medical officer of health may make an order under this section where he or she is of the opinion, upon reasonable and probable grounds, - (a) that a communicable disease exists or may exist or that there is an immediate risk of an outbreak of a communicable disease in the health unit served by the medical officer of health; - Order must be issued to decrease the risk - An = conjective, proved to issue order - Know 3 elements = underlined - Time - 22 (3) In an order under this section, a medical officer of health may specify the time or times when or the period or periods of time within which the person to whom the order is directed must comply with the order. - Open-ended, but includes: 1. Closure of premises 2. Placarding premises 3. Isolation if communicable disease 4. Cleaning, disinfecting premises 5. Destruction of thing 6. Submit to medical examination 7. Submit to care if virulent disease 8. Do not expose others - Addressed to Whom? 1. Resident of health unit 2. Present in health unit 3. Owner, occupier of premises in health unit 4. Owns, in charge of thing, in health unit 5. Engaged in an activity in health unit - Overrides Health Care Consent Act - Reasons must be in Order - If under 16, Order addressed to “parent” - If there’s an order or directive to get someone get check by a physician even if patient doesn’t consent, physician can still go ahead and proceed as an exception if its has three elements: communicable disease, high risk level, exists as a threat - Class orders  - 22 (5.0.1) An order under this section may be directed to a class of persons who reside or are present in the health unit served by the medical officer of health. - Notice to class - (5.0.2) If a class of persons is the subject of an order under subsection (5.0.1), notice of the order shall be delivered to each member of the class where it is practicable to do so in a reasonable amount of time. 2003, c. 1, s. 15 (1). - Order by M.O.H. re person under 16 - 23 Where an order by a medical officer of health in respect of a communicable disease is directed to a person under sixteen years of age and is served upon the parent of the person or upon any other person who has the responsibilities of a parent in relation to the person under sixteen years of age, the parent or other person shall ensure that the order is complied with. R.S.O. 1990, c. H.7, s. 23; 2021, c. 4, Sched. 11, s. 15. Section 24 Direction - If person not likely to comply, Medical Officer of Health can direct employees of health unit or contractor to do the work and cost is billed to person receiving order. - When M.O.H. may give directions - 24 (2) A medical officer of health may give directions in accordance with subsection (3) where the medical officer of health is of the opinion, upon reasonable and probable grounds, that a communicable disease exists in the health unit and the person to whom an order is or would be directed under section 22, - (a) has refused to or is not complying with the order; - (b) is not likely to comply with the order promptly; - (c) cannot be readily identified or located and as a result the order would not be carried out promptly; or - (d) requests the assistance of the medical officer of health in eliminating or decreasing the risk to health presented by the communicable disease - Contents of directions - 24 (3) Under this section, a medical officer of health may direct the persons whose services are engaged by or who are the agents of the board of health of the health unit served by the medical officer of health to take such action as  is specified in the directions in respect of eliminating or decreasing the risk to health presented by the communicable disease. R.S.O. 1990, c. H.7, s. 24 (3); 1997, c. 30, Sched. D, s. 4 (2). Duty to Report Diseases - s. 25 Knowledge someone has or may have a disease of public health significance 1. Physician 2. Chiropractor 3. Dental Surgeon 4. Nurse 5. Pharmacist 6. Optometrist 7. Naturopath 8. A “prescribed person”...must report to Medical Officer of Health. - R.R.O. 1990, Reg. 569 - Reports - 3 A report made under subsection 29 (1) of the Act shall, with respect to the person to whom the finding was made, be made within twenty-four hours of the making of the finding and shall contain the following information: 1. Name and address in full. 2. Date of birth in full. 3. Sex. 4. Date when the specimen was taken that yielded the positive finding. 5. Name and address in full of the physician, registered nurse in the extended class, or dentist attending the person. R.R.O. 1990, Reg. 569, s. 3; O. Reg. 426/07, s. 1. - Chain of custody is important to find out who is responsible especially if something goes missing Duty to Report Death (Physician/Nurse) - 30 A physician or registered nurse in the extended class who signs a medical certificate of death in the form prescribed by the regulations under the Vital Statistics Act where the cause of death was a disease of public health significance or a disease of public health significance was a contributing  cause of death shall, as soon as possible after signing the certificate, report thereon to the medical officer of health of the health unit in which the death occurred. R.S.O. 1990, c. H.7, s. 30; 2007, c. 10, Sched. F, s. 7; 2017, c. 25, Sched. 3, s. 1 (3). - Process helps prevent spread of disease Duty of Medical Officer of Health to Report to MOHLT Reports by M.O.H. re diseases 31 (1) Every medical officer of health shall report to the Ministry and the Ontario Agency for Health Protection and Promotion in respect of diseases of public health significance and in respect of deaths from such diseases that occur in the health unit served by the medical officer of health. Reports by M.O.H. re diseases (2) Every medical officer of health shall report to the Ministry and the Ontario Agency for Health Protection and Promotion within seven days after receiving a report concerning a reportable event under section 38 that occurs in the health unit served by the medical officer of health. R.R.O. 1990, Reg. 569 - Reports 6 A medical officer of health who receives a report made under section 25, 26, 27 or 28, subsection 29 (2) or section 30 of the Act or section 5.4 of this Regulation shall immediately forward a copy of the report and any other information that the medical officer of health has in respect of the report to the Ministry and to the Ontario Agency for Health Protection and Promotion in a secure manner. 8 Any report made under the Act that is referred to in this Regulation shall be forwarded to the Ministry and the Ontario Agency for Health Protection and Promotion using the integrated Public Health Information System (iPHIS), or any other method specified by the Ministry and the Ontario Agency for Health Protection and Promotion. Communication Between Health Units - Communication between medical officers of health  - 32 (1) A medical officer of health may transmit to another medical officer of health or to the proper public health official in another jurisdiction any information in respect of a person in relation to whom a report in respect of a disease of public health significance has been made under this Act. R.S.O. 1990, c. H.7, s. 32 (1); 2017, c. 25, Sched. 3, s. 1 (3). - Disease of the eyes - Communicable diseases of the eyes - 33 (1) Every physician, public health nurse or other health care professional person attending at the birth of a child shall ensure that the requirements prescribed by the regulations in respect of communicable diseases of the eyes of the new-born child are complied with. Health Care Consent Act, 1996 - (2) The Health Care Consent Act, 1996 does not apply to the requirements prescribed by the regulations in respect of communicable diseases of the eyes of the new-born child. Physician or Nurse to Report Refusal of Neglect of Treatment - Report Refusal to Co-operate - 34 (1) Every physician and every registered nurse in the extended class shall report to the medical officer of health the name and residence address of any person who is under the care and treatment of the physician or the nurse in respect of a communicable disease and who refuses or neglects to continue the treatment in a manner and to a degree satisfactory to the physician or the nurse. - Report to MOH so they can force person to take the meds Court Orders - Application by Medical Officer of Health to Court - If virulent disease - If person has not complied with MOH’s Order - Delivery to hospital - 35 (5) An order under this section is authority for any person, - (a) to locate and apprehend the person who is the subject of the order;  - (a.1) to enter any place provided for in the order, including a private residence, for the purposes of locating or apprehending the person who is the subject of the order, where the judge is satisfied based on information provided under oath, that there are reasonable and probable grounds to believe that the person will be found in the place; and - (b) to deliver the person who is the subject of the order to the hospital or other facility named in the order. - Care & treatment - 35 (7) An order under this section is authority to detain the person who is the subject of the order in the hospital or other facility named in the order and to care for and examine the person and to treat the person for the virulent disease in accordance with generally accepted medical practice for a period of not more than six months from and including the day that the order was issued. - OREG 135/18 (serach website) - Stay - (17) The filing of a notice of appeal does not apply to stay the decision or order appealed from unless a judge of the court to which the appeal is taken so orders. - Understand in context - Communicable Diseases - 36 (2) Where a person who is infected with an agent of a - communicable disease has failed to comply with an order by a medical officer of health that the person isolate himself or herself and remain in isolation from other persons, section 35 applies with necessary modifications. - Persons Under Detention - Immunization - 38 (1) In this section, “immunizing agent” means a vaccine or combination of vaccines administered for immunization against any disease specified in this Act or the regulations; - “reportable event” means,  - (a) persistent crying or screaming, anaphylaxis or anaphylactic shock occurring within forty-eight hours after the administration of an immunizing agent, - (b) shock-like collapse, high fever or convulsions occurring within three days after the administration of an immunizing agent, - (c) arthritis occurring within forty-two days after the administration of an immunizing agent, - (d) generalized urticaria, residual seizure disorder, encephalopathy, encephalitis or any other significant occurrence occurring within fifteen days after the administration of an immunizing agent, or - (e) death occurring at any time and following upon a symptom described in clause (a), (b), (c) or (d) - Duty to report reactions - 38 (3) A physician, a member of the College of Nurses of Ontario or a member of the Ontario College of Pharmacists who, while providing professional services to a person, recognizes the presence of a reportable event and forms the opinion that it may be related to the administration of an immunizing agent shall, within seven days after recognizing the reportable event, report thereon to the medical officer of health of the health unit where the professional services are provided. - Drugs for STIs - Part 5 - Rights of Entry & Appeals - Samples or extracts - 41 (5) A person mentioned in subsection (1) may make, take and remove or require the making, taking and removal of copies, samples or extracts related to an examination, investigation, test or inquiry for a purpose mentioned in subsection (2). - Reasonable times - 41 (6) The authority under subsections (3) to (5) shall be exercised only at reasonable times. - It depends what it means for that specific business - Private residence  - 41 (7) Subsection (3) is not authority to enter a room actually used as a dwelling without the consent of the occupier. - Under HPPA who issues warrants? (slide 134) - Warrant by justice of the peace - Execution of warrant - 42 (2) A warrant issued under this section shall be executed at reasonable times as specified in the warrant. - Expiry of warrant - (3) A warrant issued under this section shall state the date on which it expires, which shall be a date not later than fifteen days after the warrant is issued. - Application without notice - (4) A justice of the peace may receive and consider an application for a warrant under this section without notice to and in the absence of the owner or the occupier of the premises - Appeals to Health Services & Appeals Review Board (HSBRB) - Effect of order - 44 (3) Although a hearing is required in accordance with this Part, an order under this Act takes effect, - (a) when it is served on the person to whom it is directed; or - (b) in the case of an oral order or an order directed to a person described but not named in the order, when the person to whom it is directed first knows or ought to know the contents of the order, but the Board, upon application with notice, may grant a stay until the proceedings before the Board are disposed of. - What “stay” means and who is it granted by? - Powers of Board - 44 (4) Where the person to whom an order is directed requires a hearing by the Board in accordance with subsection (1) or (2), the Board shall appoint a time and place for and hold the hearing and the Board may by order confirm, alter or rescind the order and for such purposes the Board may substitute its findings for that of the medical officer of health or public health inspector who made the order. R.S.O. 1990, c. H.7, s. 44 (4); 1997, c. 30, Sched. D, s. 6. - Parties & evidence - 45 (1) The medical officer of health or public health inspector who made the order, the person who has required the hearing and such other persons as the Board may specify are parties to the proceedings before the Board. - Important status of their party is called out; if not a party you dont have any rights to look at evidence to this case Part 6 - Enforcement - Proceedings to prohibit continuation or repetition of contravention - 102(2) Where any provision of this Act or the regulations is contravened, despite any other remedy or any penalty imposed, the Minister or the Chief Medical Officer of Health may apply to a judge of the Superior Court of Justice for an order, - (a) prohibiting the continuation or repetition of the contravention or the carrying on of any activity specified in the order that, in the opinion of the judge, will or will likely result in the continuation or repetition of the contravention by the person committing the contravention; and - (b) requiring the person committing the contravention to take any action that is, in the opinion of the judge, necessary or advisable for the purpose of reducing the likelihood of a continuation or repetition of the contravention. 2007, c. 10, Sched. F, s. 21. Unit 11 - POA (Provincial Offenses Act) “certificate” - means a certificate of offence issued under Part I or a certificate of parking infraction issued under Part II; “court” - means the Ontario Court of Justice (provincial, HPPA is a provincial act) “electronic” -have the meanings set out in the Electronic Commerce Act, 2000 “judge” - means a provincial judge “justice” - means a provincial judge or a justice of the peace (judge (sits higher) or a justice of peace (reduce & heavy-lifting in legal system)) “offense” - means an offence under an Act of the Legislature or under a regulation or by-law made under the authority of an Act of the Legislature (provincial) “police officer” - means a chief of police or other police officer but does not include a special constable or by-law enforcement officer (peace officers) “prescribed” - usually means some regulation under the act, means by the rules of court “prosecutor” - means, in respect of a proceeding, the following person, and includes an agent acting on that person’s behalf: 1. The Attorney General, subject to paragraphs 2 and 3. 2..... [not relevant] 3. The person who issues a certificate or lays an information, if neither the Attorney General nor a person referred to in paragraph 2, or an agent of either of them, acts as prosecutor “provincial offences officer” - (e) an officer, employee or agent of any municipality or of any local board of any municipality whose responsibilities include the enforcement of a by-law, an Act or a regulation under an Act, while in the discharge of his or her duties, (best describes a PH officer operating under HPPA) “set fine” - means the amount specified for an offence under section 91.1 by the Chief Justice of the Ontario Court of Justice or by a regional senior judge of that court for the purpose of proceedings under Part I or II (if you contravene the act in any way, you owe X amount of money, set in court, must be clear what the set offense and fine is) Designation of provincial offences officers 1 (3) A minister of the Crown may designate in writing any person or class of persons as a provincial offences officer for the purposes of all or any class of offences. - Minister of Health & Long-Term care Purpose of Act Differnce between provincial (regulatory) & federal (criminal) - Crim needs mens rea, Reg doesn’t 2 (1) The purpose of this Act is to replace the summary conviction procedure for the prosecution of provincial offences, including the provisions adopted by reference to the Criminal Code (Canada), with a procedure that reflects the distinction between provincial offences and criminal offences. Interpretion (2) Where, as an aid to the interpretation of provisions of this Act, recourse is had to the judicial interpretation of and practices under corresponding provisions of the Criminal Code (Canada), any variation in wording without change in substance shall not, in itself, be construed to intend a change of meaning. Part I - Commencement of Proceedings by Certificate of Offense - Absolute liability Issuance & service 3 (2) A provincial offences officer who believes that one or more persons have committed an offence may issue, by completing and signing in the form prescribed under section 13, (a) a certificate of offence certifying that an offence has been committed; and (b) either an offence notice indicating the set fine for the offence or a summons. 2009, c. 33, Sched. 4, s. 1 (2). - Statement of offense Service 3 (3) The offence notice or summons shall be served personally upon the person charged within thirty days after the alleged offence occurred. Affidavit of service 3 (6) Where service is made by a person other than the provincial offences officer who issued the certificate of offence, he or she shall complete an affidavit of service in the prescribed form. Officer not to act as agent 3 (8) The provincial offences officer who serves an offence notice or summons under this section shall not receive payment of any money in respect of a fine, or receive the offence notice for delivery to the court. Filing of certificate of offense 4 A certificate of offence shall be filed in the office of the court as soon as is practicable, but no later than seven days after service of the offence notice or summons. Agreement on plea of guilty & submissions 5.1 (7) At their meeting, the defendant and the prosecutor may agree that, (a) the defendant will enter a guilty plea to the offence or a substituted offence; and (b) the defendant and the prosecutor will make submissions as to penalty, including an extension of time for payment. 2009, c. 33, Sched. 4, s. 1 (6) Appearance before justice 5.1 (8) If an agreement is reached under subsection (7), the defendant shall, as directed by the prosecutor, (a) appear with the prosecutor before a justice sitting in court and orally enter the plea and make submissions; or (b) appear without the prosecutor before a justice sitting in court within 10 days, enter the plea orally and make the submissions in the form determined by the regulations. 2009, c. 33, Sched. 4, s. 1 (6). (Omitting the rest of section 5.1) Examination of certificate of offence by clerk 9 (2) If a defendant is deemed to not wish to dispute the charge in accordance with clause (1) (a) or (b), the clerk of the court shall examine the certificate of offence and, (a) if it is not defective, as determined by the regulations, enter a conviction in the defendant’s absence and without a hearing and impose the set fine for the offence; or (b) if it is defective, as determined by the regulations, quash the proceeding. 2020, c. 36, Sched. 39, s. 1 (1). Application to justice 9 (3) A defendant who is convicted under subsection (2) may, within 15 days after becoming aware of the conviction, make an application to a justice in the prescribed form to strike out the conviction. 2020, c. 36, Sched. 39, s. 1 (1). Same 4) On application under subsection (3), the justice shall strike out the conviction if satisfied that the certificate of offence is defective, as determined by the regulations, or is otherwise not complete and regular on its face. 2020, c. 36, Sched. 39, s. 1 (1). Proof of municipal by-law not required 9 (6) If the offence is in respect of an offence under a by-law of a municipality, proof of the by-law that creates the offence is not required to enter a conviction and impose a set fine under this section. 2020, c. 36, Sched. 39, s. 1 (1) Consequences of conviction Penalty 12 (1) Where the penalty prescribed for an offence includes a fine of more than $1,000 or imprisonment and a proceeding is commenced under this Part, the provision for fine or imprisonment does not apply and in lieu thereof the offence is punishable by a fine of not more than the maximum fine prescribed for the offence or $1,000, whichever is the lesser. Transitional (1.1) Subsection (1) applies only to an offence committed on or after the day subsection 1 (18) of Schedule 4 to the Good Government Act, 2009 comes into force Other consequences of conviction 12 (2) Where a person is convicted of an offence in a proceeding initiated by an offence notice, (a) a provision in or under any other Act that provides for an action or result following upon a conviction of an offence does not apply to the conviction, except, (i) for the purpose of carrying out the sentence imposed, (ii) for the purpose of recording and proving the conviction, (iii) for the purposes of giving effect to any action or result provided for under the Highway Traffic Act , and (iv) repealed (v) for the purposes of section 22 of the Smoke-Free Ontario Act, 2017; and (b) any thing seized in connection with the offence after the service of the offence notice is not liable to forfeiture. 2005, c. 18, ss. 18, 19 (2). Part III - Commencement of Proceedings by Information - Strict liability - Due diligence Summons before information laid 22 Where a provincial offences officer believes, on reasonable and probable grounds, that an offence has been committed by a person whom the officer finds at or near the place where the offence was committed, he or she may, before an information is laid, serve the person with a summons in the prescribed form. Information 23 (1) Any person who, on reasonable and probable grounds, believes that one or more persons have committed an offence, may lay an information in the prescribed form and under oath before a justice alleging the offence. What the Justice shall do Procedure on laying of information 24 (1) A justice who receives an information laid under section 23 shall consider the information and, where he or she considers it desirable to do so, hear and consider in the absence of the defendant the allegations of the informant and the evidence of witnesses and, (a) where he or she considers that a case for so doing is made out, (i) confirm the summons served under section 22, if any, (ii) issue a summons in the prescribed form, or (iii) where the arrest is authorized by statute and where the allegations of the informant or the evidence satisfy the justice on reasonable and probable grounds that it is necessary in the public interest to do so, issue a warrant for the arrest of the defendant; or (b) where he or she considers that a case for issuing process is not made out, (i) so endorse the information, and (ii) where a summons was served under section 22, cancel it and cause the defendant to be so notified. Summons or warrants in blank 24 (2) A justice shall not sign a summons or warrant in blank. - prevents having many tickets to go that can be used for anything whenever Counts 25 (1) Each offence charged in an information shall be set out in a separate count Allegations of offense  (2) Each count in an information shall in general apply to a single transaction and shall contain and is sufficient if it contains in substance a statement that the defendant committed an offence therein specified. Idem 25 (4) The statement referred to in subsection (2) maybe, (a) in popular language without technical averments or allegations of matters that are not essential to be proved; (b) in the words of the enactment that describes the offence; or (c) in words that are sufficient to give to the defendant notice of the offence with which the defendant is charged. 25 (8) A count is not objectionable for the reason only that, (a) it charges in the alternative several different matters, acts or omissions that are stated in the alternative in an enactment that describes as an offence the matters, acts or omissions charged in the count; or (b) it is double or multifarious Summons 26 (1) A summons issued under section 22 or 24 shall, (a) be directed to the defendant; (b) set out briefly the offence in respect of which the defendant is charged; and (c) require the defendant to attend court at a time and place stated therein and to attend thereafter as required by the court in order to be dealt with according to law. Service 26 (2) A summons shall be served by a provincial offences officer, (a) by delivering it personally to the person to whom it is directed or, if that person cannot conveniently be found, by leaving it for the person at the person’s last known or usual place of residence with an individual who appears to be at least sixteen years of age and resident at the same address; or (b) in any other manner permitted by the regulations. 2020, c. 18, Sched. 18, s. 26 (1) Service outside Ontario 26 (3) Despite subsection (2), where the person to whom a summons is directed does not reside in Ontario, the summons shall be deemed to have been duly served seven days after it has been sent by registered mail to the person's last known or usual place of abode.  Service on corporation 26 (4) Service of a summons on a corporation may be effected, (a) in the case of a municipal corporation by, (i) delivering the summons personally to the mayor, warden, reeve or other chief officer of the corporation or to the clerk of the corporation, or (ii) mailing the summons by registered mail to the municipal corporation at an address held out by it to be its address; (b) in the case of any corporation, other than a municipal corporation, incorporated or continued by or under an Act by, (i) delivering the summons personally to the manager, secretary or other executive officer of the corporation or person apparently in charge of a branch office of the corporation, or (ii) mailing the summons by registered mail to the corporation at an address held out by it to be its address; Date of mailed service 26 (4.1) A summons served by registered mail under subsection (4) is deemed to have been duly served seven days after the day of mailing Part IV - Sentencing Surcharge 60.1 (1) If a person is convicted of an offence in a proceeding commenced under Part I or III and a fine is imposed in respect of that offence, a surcharge is payable by that person in the amount determined by regulations made under this Act. Collection (2) The surcharge shall be deemed to be a fine for the purpose of enforcing payment. Priorities (3) Any payments made by a defendant shall be credited towards payment of the fine until it is fully paid and then towards payment of the surcharge. Important - The wording of the offences in the HPPA regulations is found in a regulation under the POA. - As PHI good to be familiar with what you’re gonna be writing on the boxes in the fine ticket form - The actual set fine for each offence is found on the court webpage. Where Do You Find the Set Fine? ONTARIO COURT OF JUSTICE http://www.ontariocourts.ca/ocj/how-do-i/set-fines/set-fines-i/ Official: http://www.ontariocourts.ca/ocj/how-do-i/set-fines/changes-to-the-consolidated-set-fine- schedules/