Another look at the laws about raw milk

Contrasting Ontario Laws and Acts about Raw Milk in Courts with other Major Jurisdictions (Part 2)

by Raoul Bedi, BASc

I – Introduction :

Last week we listed some of the major acts, laws and regulations being cited by Crown Lawyers in the latest manifestions, in the form of the 2 applications listed below, in the never-ending case(s) against Organic Raw Milk and its adherents, consumers, supporters, co-op members, farmers and producers in Ontario and Canada. For brevity’s sake we gave only the relevant sections from the Ontario Milk Act and Milk Regulations to begin with .

We then observed, in Newmarket Court, the Crown Lawyers for Gavin Downing, director for the Milk Act, and the York Region Municipality, systematically work through all of those major acts, one by one in great detail, stating first which sections were violated, what they say and mean, and then the evidence (from myriad affidavits, discovery and testimony) to support their claims of violation, and punishment(s) sought.

In addition to all the Acts and Regulations listed last week and again today, the Crown’s Legal team consisting of 4-5 lawyers, also cited 6-10 examples of Case Law which we will not list here. Of interest was the fact that they cited case law from England to justify the enforcement of certain bureaucratic regulations, and the need for concomitant restraining orders where they have been continually violated.

The SUPREME IRONY here is that they failed to cite the most important Laws and Statutes of all , from the United Kingdom , namely that Fresh, Organic Raw Milk from Grass-fed cows is 100% legal and freely available from Her Majesty the Queen’s homeland . Please see https://www.food.gov.uk/business-industry/farmingfood/dairy-guidance/rawmilkcream#toc-4

How can this be one might ask ?

The other vitally important case(s) that they cited is the one about the wonderful little herdshare once founded by Mrs. Alice Jongerden, Gordon Watson and friends, in Chilliwack, BC and formerly known as “Home on the Range”. Please see Fraser Health Authority v. Jongerden2010 BCSC 355 (CanLII) , Fraser Health Authority v. Jongerden2013 BCSC 986 (CanLII) and Fraser Health Authority v. Jongerden2010 BCSC 1713 (CanLII) .

We are all sincerely hopeful that the new 2017 BC NDP-Green Party unofficial coalition , at the provincial govenment level, will finally end the BC government’s sleepwalk into the fear-based and manipulative world of Raw Milk Xenophobia and backwardness once and for all !

We also sincerely wonder why the Crown Lawyers last week cite case law from the 2 or 3 few remaining anachronistic, most raw milk-backward jurisdictions in North America i.e BC and Iowa, when over 38 jurisdictions now allow it ? Please see Raw Milk Laws State-by-State (as of Apr. 19, 2016). http://milk.procon.org/view.resource.php?resourceID=005192 .

Just what will it take for the Province of Ontario to finally “get with the program ” one might ask or are they now in a race to once again regain the “Most Raw Milk Backward and Dysfunctional ” Canadian designation, award and title long held by the Province of BC ?

Would it not be more fair, balanced , interesting , informative and useful to also cite the statutes governing the availability of raw milk in every single one of the almost 40 states of US that make raw milk available for consumption in varying degrees, structures and forms (herdshare, farmgate and retail stores) beginning with our closest and most powerful neighbouring state, the state of New York , where farmgate sales have long been permitted ? Please see New York state raw milk regulations https://www.agriculture.ny.gov/DI/PDF%20WebDocs/RawMilkRegsPart2.pdf .

ii) The Ontario Law quoted for Newmarket Court Case File Numbers :

                  1. CV-16-125371-00

                  2. CV-16-125250-00

This week the remaining 5 or 6 rules and acts cited will be listed , again focusing only on the relevant sections in those acts, the most important one being “The Health Protection and Promotion Act” (HPPA) .

                1. The Ontario Milk Act RSO 1990 cM.12

                2. The Health Protection and Promotion Act, R.S.O. 1990,Ch.7

                3. Municipal Act, 2001, S.O. 2001, c. 25

                4. Rule 40 of Civil Procedures , Courts of Justice Act, R.S.O. 1990, c. C.43

                5. Section 101 of the Courts of Justice Act ,R.S.O. 1990, c. C.43

                6. Section 127 of the Criminal Code, R.S.C., 1985, c. C-46

                7. Provincial Offenses Act, RSO 1990, cP.33

The following legal excerpts focus on the laws and regulations the plaintiffs seek to apply from the HPPA, The Municipal Act, The Courts of Justice Act, The Criminal Code and The Provincial Offenses Act to interfere with and/or ultimately halt the private, member-only operations of “Agri-Cultural Renewal Co-operative Inc.” in partnership with OFAF, it’s employees, supporters and friends in the enjoyment of their rightful dividends of Organic Raw Milk and related derivate products, from cows they jointly own and share at Glencolton Farms in Durham, Ontario .

 

II – The HEALTH PROTECTION

AND PROMOTION ACT

https://www.ontario.ca/laws/statute/90h07#BK1

Health Protection and Promotion Act, R.S.O. 1990, c. H.7

PART I
INTERPRETATION

Interpretation

1. (1) In this Act,

Board” means the Health Services Appeal and Review Board under the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998; (“Commission”)

board of health” means a board of health established or continued under this Act and includes,

(a) the regional municipalities of Durham, Halton, Niagara, Peel, Waterloo and York and the County of Oxford,

(b) a single-tier municipality that, under the Act establishing or continuing it, has the powers, rights and duties of a local board of health or a board of health established under this Act, and

(c) an agency, board or organization prescribed by regulation; (“conseil de santé”)

Chief Medical Officer of Health” means the Chief Medical Officer of Health under this Act; (“médecin-hygiéniste en chef”)

communicable disease” means a disease specified as a communicable disease by regulation made by the Minister; (“maladie transmissible”)

dwelling unit” means real property used or designed for use as a home or as a place in which one or more persons may sleep; (“logement”)

food” means food or drink for human consumption, and includes an ingredient of food or drink for human consumption; (“aliment”)

food premise” means a premises where food or milk is manufactured, processed, prepared, stored, handled, displayed, distributed, transported, sold or offered for sale, but does not include a private residence; (“dépôt d’aliments”)

guidelines” means guidelines published by the Minister under this Act; (“lignes directrices”)

health hazard” means,

(a) a condition of a premises,

(b) a substance, thing, plant or animal other than man, or

(c) 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; (“risque pour la santé”)

health unit” means an area that, by or under any Act, is the area of jurisdiction of a board of health; (“circonscription sanitaire”)

mandatory”, in relation to a health program or service, means a health program or service mentioned in section 5; (“obligatoire”)

medical officer of health” means a medical officer of health of a board of health; (“médecin-hygiéniste”)

milk” means milk from cows, goats or sheep; (“lait”)

Minister” means Minister of Health and Long-Term Care; (“ministre”)

Ministry” means Ministry of Health and Long-Term Care; (“ministère”)

municipal member”, in relation to a board of health, means a person appointed to the board of health by the council of a municipality; (“membre municipal”)

obligated municipality” means, in relation to a health unit, any upper-tier municipality or single-tier municipality that is situated, in whole or in part, in the area that comprises the health unit; (“municipalité assujettie”)

occupier” includes,

(a) a person who is in physical possession of premises,

(b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises, or

(c) a person for the time being receiving the rent of premises, whether as principal or as agent or trustee for another person, or who would so receive the rent if the premises were let, or who is responsible for the payment of municipal taxes,

although there is more than one occupier of the same premises; (“occupant”)

operator”, in relation to a food premise and small drinking water system, means a person who has responsibility for and control over an activity carried on at the food premise or the small drinking water system, although there is more than one operator of the same food premise or small drinking water system; (“exploitant”)

person” includes a board of health, a municipality and any other corporation; (“personne”)

physician” means a legally qualified medical practitioner; (“médecin”)

premises” means lands and structures, or either of them, and includes,

(a) water,

(b) ships and vessels,

(c) trailers and portable structures designed or used for residence, business or shelter,

(d) trains, railway cars, vehicles and aircraft; (“lieu”)

public health inspector” means a public health inspector of a board of health; (“inspecteur de la santé”)

public health nurse” means a public health nurse of a board of health; (“infirmière-hygiéniste”)

public pool” means a structure, basin, chamber or tank containing or intended to contain an artificial body of water for swimming, water sport, water recreation or entertainment, but does not include,

(a) one that is located on a private residential property under the control of the owner or occupant and that is limited to use for swimming or bathing by the owner or occupant, members of their family and their visitors, or

(b) one that is used solely for commercial display and demonstration purposes; (“piscine publique”)

registered nurse in the extended class” means a member of the College of Nurses of Ontario who is a registered nurse holding an extended certificate of registration under the Nursing Act, 1991; (“infirmière autorisée ou infirmier autorisé de la catégorie supérieure”)

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

reportable disease” means a disease specified as a reportable disease by regulation made by the Minister; (“maladie à déclaration obligatoire”)

residential building” means a structure that contains one or more dwelling units; (“immeuble d’habitation”)

sanitary facilities” means a room or rooms containing one or more toilets and one or more washbasins; (“installations sanitaires”)

school” means a private school and a school as defined in the Education Act; (“école”)

school board” means a board as defined in the Education Act; (“conseil scolaire”)

sexually transmitted disease” means a disease caused by an infectious agent usually transmitted during sexual contact; (“maladie sexuellement transmissible”)

small drinking water system” means a small drinking water system as specified by regulation; (“petit réseau d’eau potable”)

virulent disease” means,

(a) Cholera,

(b) Diphtheria,

(c) Ebola virus disease,

(d) Gonorrhoea,

(e) Hemorrhagic fever,

(f) Lassa fever,

(g) Leprosy,

(h) Marburg virus disease,

(i) Plague,

(j) Syphilis,

(k) Smallpox,

(l) Tuberculosis,

or a disease specified as a virulent disease by regulation made by the Minister. (“maladie virulente”)  R.S.O. 1990, c. H.7, s. 1 (1); 1997, c. 30, Sched. D, s. 1; 1998, c. 18, Sched. G, s. 55 (1); 2000, c. 5, s. 14 (1); 2001, c. 25, s. 477 (1-3); 2006, c. 19, Sched. L, s. 11 (2, 3); 2007, c. 10, Sched. D, s. 1 (1, 2); 2007, c. 10, Sched. F, s. 1; 2009, c. 33, Sched. 18, ss. 12 (1), 17 (2).

Closing of premises

(2) An order under this Act that requires the closing of premises is an order,

(a) to shut the premises so as to prevent entrance or access to the premises by any person; and

(b) to suspend the operation of any enterprise or activity on or in the premises,

except by such persons or for such purposes as are specified in the order.  R.S.O. 1990, c. H.7, s. 1 (2).

Unpasteurized 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

(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

(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

(4) In subsection (2),

milk product” means a product processed or derived in whole or mainly from milk.  R.S.O. 1990, c. H.7, s. 18 (4).

PART IX
ENFORCEMENT

Offence, orders

100. (1) Any person who fails to obey an order made under this Act is guilty of an offence.  R.S.O. 1990, c. H.7, s. 100 (1).

Offence, reports

(2) Any person who contravenes a requirement of Part IV to make a report in respect of a reportable disease, a communicable disease or a reportable event following the administration of an immunizing agent is guilty of an offence.  R.S.O. 1990, c. H.7, s. 100 (2).

Offence, specified provisions

(3) Any person who contravenes section 16, 17, 18, 20, 39 or 40, subsection 41 (9), 42 (1), 72 (5), (7) or (8), clause 77.1 (3) (b), subsection 77.3 (3) or 77.5 (6), section 77.7, subsection 77.9 (3), 82 (13), (14), (15), (16) or (17), 83 (3) or 84 (2) or section 105 is guilty of an offence.  2007, c. 10, Sched. F, s. 20; 2011, c. 7, s. 6.

Offence, regulations

(4) Any person who contravenes a regulation is guilty of an offence.  R.S.O. 1990, c. H.7, s. 100 (4).

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

Penalty

101. (1) Every person who is guilty of an offence under this Act is liable on conviction to a fine of not more than $5,000 for every day or part of a day on which the offence occurs or continues.  R.S.O. 1990, c. H.7, s. 101 (1).

Corporation

(2) Where a board of health, a municipality or any other corporation is convicted of an offence under this Act, the maximum penalty that may be imposed for every day or part of a day on which the offence occurs or continues is $25,000 and not as provided in subsection (1).  R.S.O. 1990, c. H.7, s. 101 (2); 1997, c. 30, Sched. D, s. 15 (1).

Directors, officers, employees and agents

(3) Where a corporation, other than a board of health or a municipality, is convicted of an offence under this Act,

(a) each director of the corporation; and

(b) each officer, employee or agent of the corporation who was in whole or in part responsible for the conduct of that part of the business of the corporation that gave rise to the offence,

is guilty of an offence unless he or she satisfies the court that he or she took all reasonable care to prevent the commission of the offence.  R.S.O. 1990, c. H.7, s. 101 (3); 1997, c. 30, Sched. D, s. 15 (2).

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

Proceedings to restrain contravention of order or directive

102. (1) Despite any other remedy or any penalty, the contravention by any person of an order made under this Act or of a directive relating to a small drinking water system may be restrained by order of a judge of the Superior Court of Justice upon application without notice by the person who made the order or issued the directive or by the Chief Medical Officer of Health or the Minister.  2007, c. 10, Sched. D, s. 1 (10).

Proceedings to prohibit continuation or repetition of contravention

(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.

Enforcement

(2.1) Where a judge has made an order based on an application under subsection (2), the order may be enforced in the same manner as any other order or judgment of the Superior Court of Justice.  2007, c. 10, Sched. F, s. 21.

Health Care Consent Act, 1996

(3) The Health Care Consent Act, 1996 does not apply to a treatment that is required by an order made under this section.  1996, c. 2, s. 67 (5).

III – The Municipal Act

https://www.ontario.ca/laws/statute/01m25

Municipal Act, 2001, S.O. 2001, c. 25

Purposes

Municipalities are created by the Province of Ontario to be responsible and accountable governments with respect to matters within their jurisdiction and each municipality is given powers and duties under this Act and many other Acts for the purpose of providing good government with respect to those matters.  2006, c. 32, Sched. A, s. 2.

PART II
GENERAL MUNICIPAL POWERS

Scope of powers

(1) The powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues.  2006, c. 32, Sched. A, s. 8.

Ambiguity

(2) In the event of ambiguity in whether or not a municipality has the authority under this or any other Act to pass a by-law or to take any other action, the ambiguity shall be resolved so as to include, rather than exclude, powers the municipality had on the day before this Act came into force.  2006, c. 32, Sched. A, s. 8.

Scope of by-law making power

(3) Without limiting the generality of subsections (1) and (2), a by-law under sections 10 and 11 respecting a matter may,

(a) regulate or prohibit respecting the matter;

(b) require persons to do things respecting the matter;

(c) provide for a system of licences respecting the matter.  2006, c. 32, Sched. A, s. 8.

Scope of by-laws generally

(4) Without limiting the generality of subsections (1), (2) and (3) and except as otherwise provided, a by-law under this Act may be general or specific in its application and may differentiate in any way and on any basis a municipality considers appropriate.  2006, c. 32, Sched. A, s. 8.

Exception

  1. Subsection (4) does not apply with respect to a by-law made under Parts VII, VIII, IX, X, XI and XIII.  2006, c. 32, Sched. A, s. 8.

Powers of a natural person

A municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act.  2006, c  32, Sched. A, s. 8.Closing premises, public nuisance

447.1 (1) Upon application of a municipality, the Superior Court of Justice may make an order requiring that all or part of a premises within the municipality be closed to any use for a period not exceeding two years if, on the balance of probabilities, the court is satisfied that,

(a) activities or circumstances on or in the premises constitute a public nuisance or cause or contribute to activities or circumstances constituting a public nuisance in the vicinity of the premises;

(b) the public nuisance has a detrimental impact on the use and enjoyment of property in the vicinity of the premises including, but not limited to, impacts such as,

(i) trespass to property,

(ii) interference with the use of highways and other public places,

(iii) an increase in garbage, noise or traffic or the creation of unusual traffic patterns,

(iv) activities that have a significant impact on property values,

(v) an increase in harassment or intimidation, or

(vi) the presence of graffiti; and

(c) the owner or occupants of the premises or part of the premises knew or ought to have known that the activities or circumstances constituting the public nuisance were taking place or existed and did not take adequate steps to eliminate the public nuisance.  2006, c. 32, Sched. A, s. 184.

Consent

(2) A municipality shall not make an application under subsection (1) with respect to a premises without the consent of the chief of police of the municipal police force or the detachment commander of the Ontario Provincial Police detachment that is responsible for policing the area which includes the premises and the consent shall not be refused unless, in the opinion of the chief of police or detachment commander, the application may have an impact on the operations of the police.  2006, c. 32, Sched. A, s. 184.

Notice to Attorney General

(3) After obtaining a consent under subsection (2) but before making an application under subsection (1), the municipality shall give 15 days notice of its intention to make an application under subsection (1) to the Attorney General.  2006, c. 32, Sched. A, s. 184.

Resulting action

(4) The following conditions apply with respect to a notice given to the Attorney General under subsection (3):

1. If the Attorney General does not provide any comment to the municipality with respect to the application within the 15-day period, the municipality may proceed with the application.

2. If the Attorney General provides comments to the municipality supporting the application within the 15-day period, the municipality may immediately proceed with the application.

3. If the Attorney General provides comments to the municipality opposing the application within the 15-day period, the municipality may not proceed with the application.  2006, c. 32, Sched. A, s. 184.

Action by Attorney General

(5) The Attorney General may, at any time, take over or terminate an application under subsection (1) or be heard in person or by counsel on the application.  2006, c. 32, Sched. A, s. 184.

Contents of notice

(6) A notice under subsection (3) shall include a description of,

(a) the premises with respect to which the municipality intends to make the application;

(b) the activities or circumstances on or in the premises which, in the opinion of the municipality, constitute a public nuisance or cause or contribute to activities or circumstances constituting a public nuisance in the vicinity of the premises; and

(c) the detrimental impact on the use and enjoyment of property in the vicinity of the premises which, in the opinion of the municipality, is caused by the activities or circumstances described in clause (b).  2006, c. 32, Sched. A, s. 184.

Suspension of closing order

(7) Upon the application of any person who has an interest in the premises, the Superior Court of Justice may make an order suspending an order made under subsection (1) to permit such use, for such period and upon such conditions imposed on the applicant, including the posting of security, as may be specified by the court if, on the balance of probabilities, the court is satisfied that the use will not result in activities and circumstances constituting a public nuisance.  2006, c. 32, Sched. A, s. 184. 

Discharge of closing order

(8) Upon the application of any person who has an interest in the premises, the Superior Court of Justice may make an order discharging an order made under subsection (1) if, on the balance of probabilities, the court is satisfied that circumstances have changed to the extent that after the discharge of the order the premises will not be used in a manner which will result in activities and circumstances constituting a public nuisance.  2006, c. 32, Sched. A, s. 184.

Barring entry

(9) If a closing order is made under this section, the police force responsible for policing in the municipality shall bar entry to all entrances to the premises or parts of the premises named in the order until the order has been suspended or discharged under this section.  2006, c. 32, Sched. A, s. 184.

No stay of order

(10) An application under this section does not stay an order under subsection (1).  2006, c. 32, Sched. A, s. 184.

Municipality to be party

(11) A municipality that obtains an order with respect to a premises under subsection (1) is entitled to be a party in proceedings under subsection (7) or (8) and shall be served with a copy of the notice initiating proceedings in accordance with the rules of the court.  2006, c. 32, Sched. A, s. 184. 

Notice

(12) Notice of an application under this section shall be served on the Attorney General who is entitled to be heard in person or by counsel on the application.  2006, c. 32, Sched. A, s. 184. 

Description of premises

(13) For the purpose of an order under this section, the municipal address of the premises is a sufficient description of the premises or part of the premises affected by the order.  2006, c. 32, Sched. A, s. 184.

Registration

(14) An order under this section may be registered in the proper land registry office.  2006, c. 32, Sched. A, s. 184.

Right not affected

  1. Nothing in this section affects the Attorney General’s right to bring an injunction in the public interest.  2006, c. 32, Sched. A, s. 184.

Section IV – R Reg. 194: RULES OF CIVIL PROCEDURE

under Courts of Justice Act, R.S.O. 1990, c. C.43

https://www.ontario.ca/laws/regulation/900194

PRESERVATION OF RIGHTS IN PENDING LITIGATION

RULE 40  INTERLOCUTORY INJUNCTION OR MANDATORY ORDER

HOW OBTAINED

40.01 An interlocutory injunction or mandatory order under section 101 or 102 of the Courts of Justice Act may be obtained on motion to a judge by a party to a pending or intended proceeding.  R.R.O. 1990, Reg. 194, r. 40.01.

WHERE MOTION MADE WITHOUT NOTICE

Maximum Duration

40.02 (1) An interlocutory injunction or mandatory order may be granted on motion without notice for a period not exceeding ten days.  R.R.O. 1990, Reg. 194, r. 40.02 (1).

Extension

(2) Where an interlocutory injunction or mandatory order is granted on a motion without notice, a motion to extend the injunction or mandatory order may be made only on notice to every party affected by the order, unless the judge is satisfied that because a party has been evading service or because there are other exceptional circumstances, the injunction or mandatory order ought to be extended without notice to the party.  R.R.O. 1990, Reg. 194, r. 40.02 (2).

(3) An extension may be granted on a motion without notice for a further period not exceeding ten days.  R.R.O. 1990, Reg. 194, r. 40.02 (3).

Labour Injunctions Excepted

(4) Subrules (1) to (3) do not apply to a motion for an injunction in a labour dispute under section 102 of the Courts of Justice Act.  R.R.O. 1990, Reg. 194, r. 40.02 (4).

UNDERTAKING

40.03 On a motion for an interlocutory injunction or mandatory order, the moving party shall, unless the court orders otherwise, undertake to abide by any order concerning damages that the court may make if it ultimately appears that the granting of the order has caused damage to the responding party for which the moving party ought to compensate the responding party.  R.R.O. 1990, Reg. 194, r. 40.03.

FACTUMS REQUIRED

40.04 (1) On a motion under rule 40.01, each party shall serve on every other party to the motion a factum consisting of a concise argument stating the facts and law relied on by the party.  O. Reg. 14/04, s. 23.

(2) The moving party’s factum shall be served and filed with proof of service in the court office where the motion is to be heard at least seven days before the hearing.  O. Reg. 394/09, s. 18.

(3) The responding party’s factum shall be served and filed with proof of service in the court office where the motion is to be heard at least four days before the hearing.  O. Reg. 394/09, s. 18.

(4) Revoked:  O. Reg. 394/09, s. 18.

Section V – Courts of Justice Act, R.S.O. 1990, c. C.43

https://www.ontario.ca/laws/statute/90c43

Interlocutory Orders

Injunctions and receivers

101 (1) In the Superior Court of Justice, an interlocutory injunction or mandatory order may be granted or a receiver or receiver and manager may be appointed by an interlocutory order, where it appears to a judge of the court to be just or convenient to do so.  R.S.O. 1990, c. C.43, s. 101 (1); 1994, c. 12, s. 40; 1996, c. 25, s. 9 (17).

Terms

  1. An order under subsection (1) may include such terms as are considered just.  R.S.O. 1990, c. C.43, s. 101 (2).

Section VI – Criminal Code (R.S.C., 1985, c. C-46)

http://laws-lois.justice.gc.ca/eng/acts/C-46/page-30.html#docCont

Disobeying order of court
  • 127 (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of
    • (a) an indictable offence and liable to imprisonment for a term not exceeding two years; or
    • (b) an offence punishable on summary conviction.

Marginal note:

Attorney General of Canada may act

(2) Where the order referred to in subsection (1) was made in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, any proceedings in respect of a contravention of or conspiracy to contravene that order may be instituted and conducted in like manner.

  • R.S., 1985, c. C-46, s. 127;
  •  R.S., 1985, c. 27 (1st Supp.), s. 185(F);
  •  2005, c. 32, s. 1.

Section VII – Provincial Offences Act, R.S.O. 1990, c. P.33

Justice.  R.S.O. 1990, c. P.33, s. 157 (6); 2000, c. 26, Sched. A, s. 13 (5).

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

Search Warrants

Search warrant

158 (1) A justice may at any time issue a warrant under his or her hand if the justice is satisfied by information upon oath that there are reasonable grounds to believe that there is in any place,

(a) anything on or in respect of which an offence has been or is suspected to have been committed; or

(b) anything that there are reasonable grounds to believe will afford evidence as to the commission of an offence.  2002, c. 18, Sched. A, s. 15 (2).

Same

(1.1) The search warrant authorizes a police officer or person named in the warrant,

(a) to search the place named in the information for any thing described in clause (1) (a) or (b); and

(b) to seize the thing and deal with it in accordance with section 158.2.  2002, c. 18, Sched. A, s. 15 (2).

Expiration

(2) Every search warrant shall name a date upon which it expires, which date shall be not later than fifteen days after its issue.  R.S.O. 1990, c. P.33, s. 158 (2).

When to be executed

(3) Every search warrant shall be executed between 6 a.m. and 9 p.m. standard time, unless the justice by the warrant otherwise authorizes.  R.S.O. 1990, c. P.33, s. 158 (3).

Definition

(4) In this section and in section 158.1,

place” includes a building and a receptacle.  2002, c. 18, Sched. A, s. 15 (3).

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

Telewarrants

Submission of information

158.1 (1) Where a provincial offences officer believes that an offence has been committed and that it would be impracticable to appear personally before a justice to make application for a warrant in accordance with section 158, the provincial offences officer may submit an information on oath, by a means of telecommunication that produces a writing, to a justice designated for the purpose by the Chief Justice of the Ontario Court of Justice.  2002, c. 18, Sched. A, s. 15 (4).

Filing of information

(2) The justice who receives an information submitted under subsection (1) shall, as soon as practicable, cause the information to be filed with the clerk of the court, certified by the justice as to time and date of receipt.  2002, c. 18, Sched. A, s. 15 (4).

Same, alternative to oath

(3) A provincial offences officer who submits an information under subsection (1) may, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to his or her knowledge and belief, and the statement is deemed to be made under oath.  2002, c. 18, Sched. A, s. 15 (4).

Contents of information

(4) An information submitted under subsection (1) shall include,

(a) a statement of the circumstances that make it impracticable for the provincial offences officer to appear personally before a justice;

(b) a statement of the alleged offence, the place to be searched and the items alleged to be liable to seizure;

(c) a statement of the provincial offences officer’s grounds for believing that items liable to seizure in respect of the alleged offence will be found in the place to be searched; and

(d) a statement as to any prior application for a warrant under this section or any other search warrant, in respect of the same matter, of which the provincial offences officer has knowledge.  2002, c. 18, Sched. A, s. 15 (4).

Issuing warrant

(5) A justice to whom an information is submitted under subsection (1) may, if the conditions set out in subsection (6) are met,

(a) issue a warrant to a provincial offences officer conferring the same authority respecting search and seizure as may be conferred by a warrant issued by a justice before whom the provincial offences officer appears personally under section 158; and

(b) require that the warrant be executed within such time period as the justice may order.  2002, c. 18, Sched. A, s. 15 (4).

Conditions

(6) The conditions referred to in subsection (5) are that the justice is satisfied that the information,

(a) is in respect of an offence and complies with subsection (4);

(b) discloses reasonable grounds for dispensing with an information presented personally; and

(c) discloses reasonable grounds, in accordance with section 158, for the issuance of a warrant in respect of an offence.  2002, c. 18, Sched. A, s. 15 (4).

Application of s. 158 (2) and (3)

(7) Subsections 158 (2) and (3) apply to a warrant issued under this section.  2002, c. 18, Sched. A, s. 15 (4).

Form, transmission and filing of warrant

(8) A justice who issues a warrant under this section shall,

(a) complete and sign the warrant, noting on its face the time, date and place of issuance;

(b) transmit the warrant by the means of telecommunication to the provincial offences officer who submitted the information; and

(c) as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court.  2002, c. 18, Sched. A, s. 15 (4).

Copies

(9) The copy of the warrant that is transmitted to the provincial offences officer and any copies that are made from the transmitted copy have the same effect as the original for all purposes.  2002, c. 18, Sched. A, s. 15 (4).

Providing or affixing copy when executing warrant

(10) When a provincial offences officer executes a warrant issued under this section,

(a) if the place to be searched is occupied, the provincial offences officer shall, before entering or as soon as practicable thereafter, give a copy of the warrant to any person present and ostensibly in control of the place; and

(b) if the place to be searched is unoccupied, the provincial offences officer shall, on entering or as soon as practicable thereafter, cause a copy of the warrant to be suitably and prominently affixed within the place.  2002, c. 18, Sched. A, s. 15 (4).

Proof of authorization

(11) In any proceeding in which it is material for a court to be satisfied that a search or seizure was authorized by a warrant issued under this section, the warrant or the related information shall be produced and the court shall verify,

(a) in the case of the warrant, that it is signed by the justice and bears on its face a notation of the time, date and place of issuance;

(b) in the case of the related information, that it is certified by the justice as to time and date of receipt.  2002, c. 18, Sched. A, s. 15 (4).

Presumption

(12) If the warrant or related information is not produced or if the matters set out in clause (11) (a) or (b) cannot be verified, it shall be presumed, in the absence of evidence to the contrary, that the search or seizure was not authorized by a warrant issued under this section.  2002, c. 18, Sched. A, s. 15 (4).

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

Duty of person who carries out seizure

158.2 (1) Subsection (2) applies when,

(a) a person has, under a warrant issued under this or any other Act or otherwise in the performance of his or her duties under an Act, seized any thing,

(i) upon or in respect of which an offence has been or is suspected to have been committed, or

(ii) that there are reasonable grounds to believe will afford evidence as to the commission of an offence; and

(b) no procedure for dealing with the thing is otherwise provided by law.  2006, c. 19, Sched. B, s. 15 (2).

Same

(2) The person shall, as soon as is practicable, take the following steps:

1. The person shall determine whether the continued detention of the thing is required for the purposes of an investigation or proceeding.

2. If satisfied that continued detention is not required as mentioned in paragraph 1, the person shall,

i. return the thing, on being given a receipt for it, to the person lawfully entitled to its possession, and

ii. report to a justice about the seizure and return of the thing.

3. If paragraph 2 does not apply, the person shall,

i. bring the thing before a justice, or

ii. report to a justice about the seizure and detention of the thing.  2006, c. 19, Sched. B, s. 15 (2).

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