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Judicial notice must be taken of documents incorporated by reference into published regulations.
The respondent was acquitted of operating a heavy diesel-fuelled motor vehicle that contravened emission standards under O. Reg. 361/98.
The justice of the peace acquitted the respondent because the Crown had not proved the Drive Clean Guide, which was incorporated by reference into the regulation.
The Crown appealed.
The Court of Appeal allowed the appeal, holding that under s. 5(4) of the Regulations Act, the justice of the peace was required to take judicial notice of the regulation and the Guide incorporated within it.
The acquittal was set aside and a conviction entered.
Convictions for unauthorized dispensing of eyeglasses upheld; risk of harm analysis not required for controlled acts.
The appellants appealed their convictions for performing the controlled act of dispensing eyeglasses without authorization under the Regulated Health Professions Act.
The individual appellant, an optician registered in Nova Scotia but not Ontario, sold prescription bifocals to a private investigator.
The appellants argued that the retail sale of eyeglasses to adults is not a health care service and that the controlled act of dispensing should be defined by the risk of harm.
The Court of Appeal dismissed the appeal, holding that the sale of prescription eyeglasses falls within the scope of opticianry and constitutes a health care service.
The Court further held that the plain meaning of the statute defines the controlled act, and courts are not required to engage in a risk analysis before determining if an activity is prohibited.
