Schedule 41.4
IT IS ORDERED, pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice, that the amount set opposite the offence in the attached Items of Schedule 41.4 under the Provincial Statutes and Regulations thereunder is the Set Fine.
This Order comes into effect on the 1st day of July 2018
DATED AT TORONTO this 20th day of June 2018
………………………..…………………….
Lise Maisonneuve, Chief Justice
Ontario Court of Justice
| Item | Offence | Section | Set Fine | Previous Set Fine |
|---|---|---|---|---|
| 1. | Fail to provide written notification of intention to operate personal service setting at least 14 days before commencing operation | subsection 3 (1) | $55 | New |
| 2. | Fail to notify of name of intended personal service setting | paragraph 1 of subsection 3 (2) | $55 | New |
| 3. | Fail to notify of location of intended personal service setting | paragraph 1 of subsection 3 (2) | $55 | New |
| 4. | Fail to notify of name of person intending to operate personal service setting | paragraph 2 of subsection 3 (2) | $55 | New |
| 5. | Fail to notify of contact information of person intending to operate personal service setting | paragraph 2 of subsection 3 (2) | $55 | New |
| 6. | Fail to notify of list of personal services that will be provided at personal service setting | paragraph 3 of subsection 3 (2) | $55 | New |
| 7. | Fail to provide written notification of intention to provide additional personal services at least 14 days before providing services | subsection 3 (3) | $55 | New |
| 8. | Fail to provide written notice of reconstruction of personal service setting at least 14 days before commencing reconstruction | subsection 3 (4) | $55 | New |
| 9. | Fail to provide written notice of renovation of personal service setting at least 14 days before commencing renovation | subsection 3 (4) | $55 | New |
| 10. | Fail to provide notice of service continuation during reconstruction before commencing reconstruction | subsection 3 (5) | $55 | New |
| 11. | Fail to provide notice of service continuation during renovation before commencing renovation | subsection 3 (5) | $55 | New |
| 12. | Personal service setting operating prior to regulation coming into force — fail to provide required notification within required period | subsection 3 (7) | $55 | New |
| 13. | Operator fail to post inspection results in accordance with inspector’s request | section 4 | $120 | New |
| 14. | Fail to obtain name of person seeking personal service | section 5 | $55 | New |
| 15. | Fail to obtain contact information of person seeking personal service | section 5 | $55 | New |
| 16. | Fail to provide explanation of invasive procedure | subsection 6 (1) | $120 | New |
| 17. | Fail to provide information about any risks associated with invasive procedure | subsection 6 (1) | $120 | New |
| 18. | Failure of person providing explanation and information to prepare required records | subsection 6 (2) | $120 | New |
| 19. | Sell ear candling service | paragraph 1 of section 7 | $465 | New |
| 20. | Offer ear candle service for sale | paragraph 1 of section 7 | $465 | New |
| 21. | Provide ear candling service | paragraph 1 of section 7 | $465 | New |
| 22. | Sell ear coning service | paragraph 1 of section 7 | $465 | New |
| 23. | Offer ear coning service for sale | paragraph 1 of section 7 | $465 | New |
| 24. | Provide ear coning service | paragraph 1 of section 7 | $465 | New |
| 25. | Sell personal service involving live aquatic species | paragraph 2 of section 7 | $465 | New |
| 26. | Offer personal service involving live aquatic species for sale | paragraph 2 of section 7 | $465 | New |
| 27. | Provide personal service involving live aquatic species | paragraph 2 of section 7 | $465 | New |
| 28. | Fail to ensure personal service setting free from condition that may constitute health hazard | paragraph 1 of subsection 8 (1) | $465 | New |
| 29. | Fail to ensure personal service setting free from condition that may adversely affect sanitary operation | paragraph 1 of subsection 8 (1) | $465 | New |
| 30. | Personal service setting — floor not in good repair | paragraph 2 of subsection 8 (1) | $55 | New |
| 31. | Personal service setting — floor not easily cleanable | paragraph 2 of subsection 8 (1) | $55 | New |
| 32. | Personal service setting — floor not of smooth, impermeable material | paragraph 2 of subsection 8 (1) | $55 | New |
| 33. | Personal service setting — floor not maintained in sanitary condition | paragraph 2 of subsection 8 (1) | $55 | New |
| 34. | Personal service setting — wall not in good repair | paragraph 2 of subsection 8 (1) | $55 | New |
| 35. | Personal service setting — wall not easily cleanable | paragraph 2 of subsection 8 (1) | $55 | New |
| 36. | Personal service setting — wall not of smooth, impermeable material | paragraph 2 of subsection 8 (1) | $55 | New |
| 37. | Personal service setting — wall not maintained in sanitary condition | paragraph 2 of subsection 8 (1) | $55 | New |
| 38. | Personal service setting — ceiling not in good repair | paragraph 2 of subsection 8 (1) | $55 | New |
| 39. | Personal service setting — ceiling not easily cleanable | paragraph 2 of subsection 8 (1) | $55 | New |
| 40. | Personal service setting — ceiling not of smooth, impermeable material | paragraph 2 of subsection 8 (1) | $55 | New |
| 41. | Personal service setting — ceiling not maintained in sanitary condition | paragraph 2 of subsection 8 (1) | $55 | New |
| 42. | Personal service setting — fixture not in good repair | paragraph 2 of subsection 8 (1) | $55 | New |
| 43. | Personal service setting — fixture not easily cleanable | paragraph 2 of subsection 8 (1) | $55 | New |
| 44. | Personal service setting — fixture not of smooth, impermeable material | paragraph 2 of subsection 8 (1) | $55 | New |
| 45. | Personal service setting — fixture not maintained in sanitary condition | paragraph 2 of subsection 8 (1) | $55 | New |
| 46. | Personal service setting — furniture not in good repair | paragraph 2 of subsection 8 (1) | $55 | New |
| 47. | Personal service setting — furniture not easily cleanable | paragraph 2 of subsection 8 (1) | $55 | New |
| 48. | Personal service setting — furniture not of smooth, impermeable material | paragraph 2 of subsection 8 (1) | $55 | New |
| 49. | Personal service setting — furniture not maintained in sanitary condition | paragraph 2 of subsection 8 (1) | $55 | New |
| 50. | Personal service setting — room or part of room used as dwelling | paragraph 3 of subsection 8 (1) | $55 | New |
| 51. | Personal service setting not equipped with potable hot and cold running water under pressure | paragraph 4 of subsection 8 (1) | $465 | New |
| 52. | Fail to ensure one sink used only for hand washing in personal service setting | paragraph 5 of subsection 8 (1) | $465 | New |
| 53. | Personal service setting — handwashing sink not conveniently located to work area | subparagraph 5 i of subsection 8 (1) | $120 | New |
| 54. | Personal service setting — handwashing sink not accessible at all times | subparagraph 5 ii of subsection 8 (1) | $305 | New |
| 55. | Personal service setting — handwashing sink not continuously supplied with potable hot and cold running water | subparagraph 5 iii of subsection 8 (1) | $465 | New |
| 56. | Personal service setting — fail to ensure soap in dispenser in close proximity to handwashing sink | paragraph 6 of subsection 8 (1) | $120 | New |
| 57. | Personal service setting — fail to ensure single-service hand drying products or hot air dryer in close proximity to handwashing sink | paragraph 6 of subsection 8 (1) | $120 | New |
| 58. | Fail to ensure lighting sufficient to enable sanitary operation of personal service setting | paragraph 7 of subsection 8 (1) | $55 | New |
| 59. | Fail to ensure lighting sufficient to enable sanitary maintenance of personal service setting | paragraph 7 of subsection 8 (1) | $55 | New |
| 60. | Fail to ensure lighting sufficient to safely provide personal services at personal service setting | paragraph 7 of subsection 8 (1) | $55 | New |
| 61. | Fail to ensure ventilation sufficient to enable sanitary operation of personal service setting | paragraph 7 of subsection 8 (1) | $120 | New |
| 62. | Fail to ensure ventilation sufficient to enable sanitary maintenance of personal service setting | paragraph 7 of subsection 8 (1) | $120 | New |
| 63. | Fail to ensure ventilation sufficient to safely provide personal services at personal service setting | paragraph 7 of subsection 8 (1) | $120 | New |
| 64. | Fail to ensure personal service setting equipped with waste receptacles appropriate for sanitary operation | paragraph 8 of subsection 8 (1) | $465 | New |
| 65. | Fail to ensure personal service setting equipped with waste receptacles appropriate for sanitary maintenance | paragraph 8 of subsection 8 (1) | $465 | New |
| 66. | Personal service setting — fail to ensure work surfaces of form and material that can be readily cleaned | paragraph 9 of subsection 8 (1) | $120 | New |
| 67. | Personal service setting — fail to ensure work surfaces of form and material that can be readily disinfected | paragraph 9 of subsection 8 (1) | $120 | New |
| 68. | Personal service setting — fail to ensure work surfaces of form and material that can be readily sterilized | paragraph 9 of subsection 8 (1) | $120 | New |
| 69. | Personal service setting — fail to ensure adequate storage space for necessary equipment and supplies | paragraph 10 of subsection 8 (1) | $55 | New |
| 70. | Personal service setting — fail to ensure sink capable of immersing largest piece of reusable equipment used at the setting | clause 8 (3) (a) | $465 | New |
| 71. | Personal service setting — fail to ensure sink continuously supplied with potable hot and cold running water under pressure | clause 8 (3) (b) | $465 | New |
| 72. | Personal service setting — fail to ensure sink has adequate counter space to prepare equipment for use and re-use | clause 8 (3) (c) | $120 | New |
| 73. | Personal service setting — fail to ensure sink not located in room with toilet | clause 8 (3) (d) | $305 | New |
| 74. | Personal service setting — fail to ensure sink sufficiently separate from where personal services provided | clause 8 (3) (e) | $120 | New |
| 75. | Personal service setting — fail to collect and remove waste as often as necessary to maintain sanitary condition | subsection 8 (4) | $305 | New |
| 76. | Personal service setting — fail to ensure setting kept free from animals | subsection 9 (1) | $120 | New |
| 77. | Personal service setting — use equipment not maintained in good repair | clause 10 (1) (a) | $120 | New |
| 78. | Personal service setting — use equipment not maintained in sanitary condition | clause 10 (1) (a) | $120 | New |
| 79. | Personal service setting — use equipment not maintained in accordance with manufacturer’s instructions | subclause 10 (1) (b) (i) | $305 | New |
| 80. | Personal service setting — use equipment not maintained in accordance with directions | subclause 10 (1) (b) (ii) | $305 | New |
| 81. | Personal service setting — fail to follow directions respecting the maintenance of equipment | subsection 10 (2) | $305 | New |
| 82. | Manufacturer’s instructions not kept at personal service setting in location accessible to service provider | subsection 10 (3) | $55 | New |
| 83. | Reusable equipment not cleaned as often as necessary to prevent disease transmission | subsection 10 (4) | $465 | New |
| 84. | Reusable equipment not disinfected as often as necessary to prevent disease transmission | subsection 10 (4) | $465 | New |
| 85. | Reusable equipment not sterilized as often as necessary to prevent disease transmission | subsection 10 (4) | $465 | New |
| 86. | Reusable equipment not cleaned and disinfected or sterilized between each use | clause 10 (4) (a) | $465 | New |
| 87. | Personal service setting — equipment not covered with single-use disposable cover | clause 10 (4) (b) | $120 | New |
| 88. | Personal service setting — single-use disposable cover not discarded immediately after each use | clause 10 (4) (b) | $120 | New |
| 89. | Personal service setting — single-use equipment not discarded immediately after use | subsection 10 (5) | $305 | New |
| 90. | Personal service setting — single-use instrument not discarded immediately after use | subsection 10 (5) | $305 | New |
| 91. | Personal service setting — equipment made of specified materials not discarded immediately after use | subsection 10 (5) | $305 | New |
| 92. | Personal service setting — instrument made of specified materials not discarded immediately after use | subsection 10 (5) | $305 | New |
| 93. | Personal service setting — use non-sterile, sharps for invasive procedure | paragraph 1 of subsection 10 (6) | $465 | New |
| 94. | Personal service setting — use multi-use sharps for invasive procedure | paragraph 1 of subsection 10 (6) | $465 | New |
| 95. | Personal service setting — use sharps from previously opened packaging | paragraph 2 of subsection 10 (6) | $465 | New |
| 96. | Personal service setting — use sharps from damaged packaging | paragraph 2 of subsection 10 (6) | $465 | New |
| 97. | Personal service setting — use sharps from compromised packaging | paragraph 2 of subsection 10 (6) | $465 | New |
| 98. | Fail to ensure all sharps disposed of immediately after use in sharps container in close proximity to where personal service provided | subsection 10 (7) | $465 | New |
| 99. | Sharps containers not compliant with Canadian Standards Association standards | clause 10 (8) (a) | $305 | New |
| 100. | Sharps containers not disposed of in accordance with applicable Ontario law | clause 10 (8) (b) | $465 | New |
| 101. | Personal service setting — fail to ensure sterilizers used are suitable for sterilizing used equipment | subsection 10 (9) | $465 | New |
| 102. | Personal service setting — fail to ensure sterilizers used meet established standards | subsection 10 (9) | $465 | New |
| 103. | Fail to follow directions with respect to sterilizers used at personal service setting | clause 10 (10) (a) | $465 | New |
| 104. | Personal service setting — fail to ensure used sterilizers checked at least once every two weeks to ensure adequate sterilization to destroy microorganisms | clause 10 (10) (b) | $305 | New |
| 105. | Personal service setting — fail to ensure used sterilizers tested at least once every two weeks to ensure adequate sterilization to destroy microorganisms | clause 10 (10) (b) | $305 | New |
| 106. | Personal service setting — fail to notify in writing of sterilizer failure | subsection 10 (11) | $465 | New |
| 107. | Personal service setting — fail to provide direction to prevent disease transmission in event of sterilizer failure | subsection 10 (11) | $465 | New |
| 108. | Personal service setting — operator fail to use alternate method of sterilization as specified | clause 10 (11) (a) | $465 | New |
| 109. | Personal service setting — operator fail to use alternate method of sterilization or procedure to prevent disease transmission | clause 10 (11) (b) | $465 | New |
| 110. | Personal service setting — fail to ensure every product used is stored and dispensed in manner which prevents contamination | subsection 11 (1) | $120 | New |
| 111. | Personal service setting — fail to ensure disinfectants used are accompanied by a Health Canada drug identification number or natural product number | clause 11 (2) (a) | $305 | New |
| 112. | Personal service setting — fail to ensure disinfectants are used per manufacturer’s instructions | clause 11 (2) (b) | $305 | New |
| 113. | Operator fail to ensure service provider maintains good personal hygiene | subsection 12 (1) | $55 | New |
| 114. | Operator fail to ensure service provider refrains from smoking while providing personal services | subsection 12 (1) | $55 | New |
| 115. | Operator fail to ensure service provider cleans hands to remove visible soil as often as necessary to prevent disease transmission | subsection 12 (2) | $305 | New |
| 116. | Operator fail to ensure service provider cleans hands to kill transient microorganisms as often as necessary to prevent disease transmission | subsection 12 (2) | $305 | New |
| 117. | Operator fail to ensure service provider cleans hands to remove visible soil before and after providing personal service | subsection 12 (2) | $305 | New |
| 118. | Operator fail to ensure service provider cleans hands to kill transient microorganisms before and after providing personal service | subsection 12 (2) | $305 | New |
| 119. | Operator fail to undertake required health and safety training related to personal service setting operation and maintenance | section 13 | $120 | New |
| 120. | Fail to keep sterilization records of personal service setting as required | paragraph 1 of subsection 14 (1) | $305 | New |
| 121. | Fail to keep disinfection records of personal service setting as required | paragraph 2 of subsection 14 (1) | $305 | New |
| 122. | Fail to keep invasive procedure records of personal service setting as required | paragraph 3 of subsection 14 (1) | $305 | New |
| 123. | Fail to keep accidental exposure records of personal service setting as required | paragraph 4 of subsection 14 (1) | $305 | New |
| 124. | Fail to ensure required records stored in secure location at personal service setting for required period | clause 14 (2) (a) | $120 | New |
| 125. | Personal service setting — fail to ensure required records retained for at least two years | clause 14 (2) (b) | $120 | New |
| 126. | Personal service setting — fail to ensure required records kept readily available for required period | clause 14 (2) (b) | $120 | New |
| 127. | Personal service setting — fail to provide record on request | subsection 14 (3) | $120 | New |