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EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 212 and does not form part of the law. Bill 212 has been enacted as Chapter 33 of the Statutes of Ontario, 2009.

The Bill is part of the government initiative to promote good government.

The Bill amends or repeals a number of Acts and enacts two new Acts. For convenience, the amendments, repeals and new Acts are set out in separate Schedules. Schedules with the names of Ministries include amendments to and repeals of Acts that are administered by the Ministry involved or that affect that Ministry. The commencement provisions for each of the Schedules are set out in the Schedules.

SCHEDULE 1
MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS

Farm Products Marketing Act

The Act is amended to remove a reference to the amended Co-operative Corporations Act because the powers of the local board are no longer consistent with those of a co-operative corporation. The Act is amended to allow the Lieutenant Governor in Council to determine the power and authority needed by a local board to fulfill its mandate. The Act is also amended to limit the powers of inspectors to inspect dwellings at reasonable times and with reasonable notice if the occupant has consented or if the entry is under the authority of a warrant. The Act is also amended by repealing provisions related to the regulation of tobacco by the Commission.

Grain Corn Marketing Act

The Act is repealed on a date to be named by proclamation.

Various Acts

Various Acts are amended to update the name of the Ministry of Agriculture, Food and Rural Affairs from its predecessor, the Ministry of Agriculture and Food. Various Acts are amended to update terms and titles and to make other technical changes.

SCHEDULE 2
MINISTRY OF THE ATTORNEY GENERAL

Accumulations Act

The Act is amended by providing for the non-application of the rules of law and statutory enactments relating to accumulations to charitable trusts.

Administration of Justice Act

The Act is amended to consolidate sections 4.5 and 4.6.

Arbitration Act, 1991

The Act is amended to specify that, for the purposes of the Act, “court” includes the Family Court.

Assessment Review Board Act

Subsection 8.1 (1) of the Act is amended to permit the Assessment Review Board to set and charge fees in respect of proceedings brought before it under any Act. In addition, a new section 11 is added to protect members of the Board and other specified persons from personal liability for the good faith performance of their duties under any Act.

Bail Act

The Act is amended to update the procedures that apply once a sheriff receives a certificate of lien. A complementary amendment is made to section 136 of the Land Titles Act as a result.

Change of Name Act

Section 4 of the Act is amended to provide that the residency requirement for making an application for a name change does not apply in respect of an applicant if the intention behind the name change is determined to be the prevention of significant harm to the applicant.

Charitable Gifts Act

The Act is repealed. Subsection 4 (3) of the Local Health System Integration Act, 2006 and subsection 14 (2) of the Toronto Islands Residential Community Stewardship Act, 1993 are amended as a result.

Charities Accounting Act

The Act is amended by expanding on the provisions dealing with the power of the Public Guardian and Trustee to make inquiries and require information or documents respecting entities in which an executor or trustee holds a substantial interest. On application by the Public Guardian and Trustee, the Superior Court of Justice may make specified orders, including orders compelling a person required to provide information or documents to do so and orders relating to the management, operation, ownership or control of the entity. Obstructing an inquiry of the Public Guardian and Trustee or not providing required information or documents is made an offence.

Section 8 of the Act is re-enacted to provide that a person who holds an interest in real or personal property for a charitable purpose must use the property for the charitable purpose. A number of statutes are amended to reflect the re-enactment.

Section 14 is added to the Act to specify the effect of the repeal of the Charitable Gifts Act on certain outstanding obligations and rights under that Act.

In addition, various technical amendments are made to the Act.

Children’s Law Reform Act

The Act is amended to provide that forms currently prescribed by regulation are instead to be provided by the Ministry of the Attorney General. Regulation 72 of the Revised Regulations of Ontario, 1990 is revoked as a result. Technical amendments are also made to the French version of the Act.

Consolidated Hearings Act

The Act is amended by removing the right to make an application to the Lieutenant Governor in Council to review a decision of a joint board. In addition, the amendments provide that applications made but not disposed of or withdrawn on the day the amendments come into force shall not be considered by the Lieutenant Governor in Council.

Courts of Justice Act

Subsections 21.13 (1) and 21.14 (1) of the Act are amended to remove the requirement to obtain the approval of the Attorney General when determining the number of community liaison committees and community resources committees, respectively, for each area in which the Family Court has jurisdiction.

A new section 30 is added to the Act, which provides authority for a person authorized to hear and determine matters before the Small Claims Court to order, hear and determine contempt hearings arising from the failure of a debtor or other person to attend an examination respecting a default by the debtor under an order of the court for the payment or recovery of money, subject to the rules of court.

Section 31 of the Act is amended to remove express reference to a $500 minimum for final orders that may be appealed from the Small Claims Court to the Divisional Court. Instead, reference is made to a prescribed amount, and a regulation-making power is added to section 53, permitting the Lieutenant Governor in Council to prescribe the minimum amount.

Section 32 of the Act is re-enacted to set out new rules respecting the length of terms for deputy judges.

Section 52 of the Act is amended to remove the requirement that judges of the Ontario Court of Justice and regional senior judges of the Ontario Court of Justice each meet at least once a year to consider the Act, the rules of court and the administration of justice generally. In addition, sections 9 and 52 of the Act are amended to remove the requirement for judges of the other courts that continue to meet at least annually to report their recommendations regarding the Act, the rules of court and the administration of justice generally to the Attorney General.

In addition, various technical amendments are made to the Act.

Crown Administration of Estates Act

The Act is amended by adding a new section 5.1, dealing with compensation agreements. The section sets out the requirements for enforceability of compensation agreements, and sets out the circumstances in which the Public Guardian and Trustee may pay an heir’s interest in the estate directly to the heir, despite a compensation agreement or any power of attorney or direction for payment relating to the compensation agreement. The section provides that the Public Guardian and Trustee or a party to a compensation agreement may apply to the Superior Court of Justice for a determination of any question or dispute regarding the operation of the section.

Crown Witnesses Act

The Act is amended to create a prohibition against disclosing specified information relating to programs prescribed as witness protection programs, subject to certain exceptions. Violation of the prohibition is an offence punishable by a fine of not more than $25,000 or imprisonment for a term of not more than one year or both.

Environmental Protection Act

The Act is amended by removing the right to appeal to the Lieutenant Governor in Council to review a decision of the Environmental Review Tribunal. In addition, the amendments provide that appeals made but not disposed of or withdrawn on the day the amendments come into force shall not be considered by the Lieutenant Governor in Council.

Environmental Review Tribunal Act, 2000

The Act is amended to protect members of the Environmental Review Tribunal and other specified persons from personal liability for the good faith performance of their duties under any Act. Complementary amendments are made to various statutes to take into account the inclusion of the immunity provisions added to the Act.

Escheats Act

Subsection 6 (2) of the Act is re-enacted to provide that the Public Guardian and Trustee may transfer, assign, discharge or otherwise dispose of personal property of which he or she has taken possession under the Act.

Estates Administration Act

Various technical amendments are made to the Act.

Evidence Act

Subsection 17 (1) of the Act is amended to remove the criteria for making an affirmation or declaration instead of taking an oath.

Expropriations Act

The Act is amended to protect members of the board of negotiation and other specified persons from personal liability for the good faith performance of their duties under any Act.

Family Law Act

The Act is amended to specify the applicability of contingent tax liabilities when determining the meaning of “net family property”. The Act is also amended to provide authority for a guardian of property or an attorney under a continuing power of attorney for property for a mentally incapable person to enter into domestic contracts or give waivers or consents under the Act on the incapable person’s behalf. Technical amendments are also made to the Act.

Human Rights Code

Technical amendments are made to the Act.

Independent Health Facilities Act

The Act is amended by removing the right to file a petition for the Lieutenant Governor in Council to review a direction of the Minister of Health and Long-Term Care. In addition, the amendments provide that petitions filed but not disposed of or withdrawn on the day the amendments come into force shall not be considered by the Lieutenant Governor in Council.

Interprovincial Summonses Act

Section 5 of the Act is amended to indicate that the provision is not restricted to court proceedings.

Juries Act

New section 18.2 is added to the Act to provide authority for conducting criminal record checks on persons selected for inclusion on a jury panel, in order to determine whether they are eligible to serve as jurors. The Act is also amended to authorize electronic or automated procedures to be used to select juries for civil proceedings.

Justices of the Peace Act

The amendments to section 2.1 of the Act amend the educational qualifications for candidates for appointment as justices of the peace to expressly include, as part of the acceptable educational requirements, a diploma, certificate or other document granted on the successful completion of a program provided by a post-secondary institution other than a university or a college of applied arts and technology when the program is equivalent to a full-time program of at least four academic semesters offered by a university or college of applied arts and technology.

The amendments to section 5.1 and the re-enactment of section 6 of the Act change the mandatory retirement age for justices of the peace, in accordance with the Superior Court of Justice decision in The Association of Justices of the Peace of Ontario v. Ontario (Attorney General), from 70 years of age to 65 years of age, with the option to continue until 75 years of age with the annual approval of the Chief Justice of the Ontario Court of Justice. Subsection 8 (2) of the Act is amended to reflect the role of the Justices of the Peace Review Council in approving the criteria the Chief Justice is to use in determining whether to grant the annual approval. The re-enactment of subsection 13.1 (1) of the Act revises the wording of the subsection for consistency with sections 5.1 and 6.

Lakes and Rivers Improvement Act

The Act is amended by removing the right to file a petition for the Lieutenant Governor in Council to review a refusal or order of the Minister of Natural Resources. In addition, the amendments provide that petitions filed but not disposed of or withdrawn on the day the amendments come into force shall not be considered by the Lieutenant Governor in Council.

Law Society Act

Section 59.2 of the Act is amended to provide for the appointment of temporary members of the Class Proceedings Committee when the number of members of the Committee available to consider an application under section 59.3 of the Act is insufficient to form a quorum.

Legislation Act, 2006

The Act is amended by adding a new section 10.1, which establishes a process for automatically repealing statutes and provisions of statutes that remain unproclaimed nine years or more after being enacted, subject to the adoption of a resolution by the Assembly to prevent the repeal.

Subsection 42 (2) of the Act is amended to add two new change powers to the list of change powers that may be exercised by the Chief Legislative Counsel in respect of consolidated law. The first permits minor changes required to ensure a consistent form of expression. The second permits minor changes required to make the form of expression of an Act or regulation in French or in English more compatible with its form of expression in the other language.

Subsection 62 (4) of the Act is amended to provide that a non-legislative document that is incorporated by reference into a regulation is to be available to the public on the day the regulation or amending regulation containing the reference is filed under Part III of the Act, rather than on the day on which the provision containing the reference comes into force.

The Act is amended by adding a new section 80.1, which specifies that the power to make regulations under an Act may only be delegated if an Act specifically authorizes the delegation, subject to limited exceptions. Section 87 of the Act is amended to define “regulation” as a regulation filed under Part III of the Act rather than as a regulation as defined in Part III of the Act. The list of holidays in subsection 88 (2) of the Act is amended to add Family Day.

Amendments are made to sections 98 and 99 of the Act to provide additional Part V change powers that may be exercised by the Chief Legislative Counsel in consolidating unconsolidated and unrepealed statutes or unconsolidated and unrevoked regulations. The amendments also address the creation of French versions of statutes or regulations consolidated under those sections.

In addition, various technical amendments are made to the Act.

Ministry of the Attorney General Act

The Act is amended by adding a new section 8, which provides that a person who is or was the subject of a prosecution cannot bring a proceeding against a Crown Attorney or other specified persons in respect of things done or not done in the performance or purported performance of a duty or authority in relation to the prosecution. Instead, the person may bring the proceeding against the Attorney General, who stands in the place of the Crown Attorney or other person.

Ontario Energy Board Act, 1998

The Act is amended by removing the right to file a petition for the Lieutenant Governor in Council to review an order, rule or code of the Ontario Energy Board. In addition, the amendments provide that petitions filed but not disposed of or withdrawn on the day the amendments come into force shall not be considered by the Lieutenant Governor in Council.

Ontario Heritage Act

The Act is amended to protect members of the Review Board and other specified persons from personal liability for the good faith performance of their duties under any Act.

Ontario Law Reform Commission Act

The Act is repealed.

Ontario Municipal Board Act

Sections 18 to 20 of the Act are repealed to remove restrictions on members of the Ontario Municipal Board.

The Act is also amended by removing the right to file a petition for the Lieutenant Governor in Council to review an order or decision of the Ontario Municipal Board. In addition, the amendments provide that petitions filed but not disposed of or withdrawn on the day the amendments come into force shall not be considered by the Lieutenant Governor in Council. Various statutes are amended to reflect the removal of the right to petition an order or decision of the Board.

Ontario Water Resources Act

The Act is amended by removing the right to appeal to the Lieutenant Governor in Council to review a decision of the Environmental Review Tribunal. In addition, the amendments provide that appeals made but not disposed of or withdrawn on the day the amendments come into force shall not be considered by the Lieutenant Governor in Council.

In addition, the right to file a petition for the Lieutenant Governor in Council to review an order made under section 74, or a rate or charge imposed by such an order, is removed. Petitions made but not disposed of or withdrawn on the day the amendments come into force shall not be considered by the Lieutenant Governor in Council.

Police Services Act

Section 113 of the Act is amended to add a power for the director of the special investigations unit to designate an acting director. A number of technical amendments are also made to the Act.

Public Guardian and Trustee Act

Various technical amendments are made to the Act.

Religious Organizations’ Lands Act

Section 10 of the Act is amended to remove the limit on the term for which a religious organization may lease specified land.

Solicitors Act

Section 33 of the Act is amended to remove the limitation on the rate of interest that is chargeable in respect of a solicitor’s bill, unless a limitation is prescribed by the Lieutenant Governor in Council.

Substitute Decisions Act, 1992

Section 3 of the Act is amended to specify that nothing in the section affects the right of a person, or of a guardian of property or attorney under a continuing power of attorney for property on the person’s behalf, to an assessment or review of legal fees payable by the person in respect of a proceeding to determine the person’s capacity.

Section 16.1 of the Act is amended by setting out the rules that apply if a statutory guardianship of property is terminated because a power of attorney of property is established and, within six months after the termination, the attorney resigns. Various complementary amendments are made to the Act as a result.

Section 35 of the Act is re-enacted to specify the powers of the Public Guardian and Trustee in respect of an incapable person’s property, if the Public Guardian and Trustee is the person’s guardian of property immediately before the person’s death.

Section 83 of the Act is amended to provide that the Public Guardian and Trustee must reasonably believe a record relating to a person who is alleged to be incapable to be relevant to an investigation arising from the allegation in order to be entitled to have access to the record. The amendments also create a duty for the Public Guardian and Trustee to provide notice of the access to the person alleged to be incapable, unless notice is not appropriate in the circumstances.

In addition, various technical amendments are made to the Act.

Time Act

Section 2 of the Act is amended so that the current rules respecting the time in effect during the year appear in the Act and not in the regulations made under the Act.

General

Technical amendments are made to various statutes to update language relating to mental incapacity and mentally incapable persons.

SCHEDULE 3
MINISTRY OF THE ATTORNEY GENERAL (ELECTORAL STATUTES)

Incorrect cross-references in subsection 42 (1) of the Election Act and subsection 44 (2) of the Election Finances Act are corrected. Various provisions of the Electoral System Referendum Act, 2007 that are no longer needed are repealed.

SCHEDULE 4
MINISTRY OF THE ATTORNEY GENERAL (PROVINCIAL OFFENCES)

Provincial Offences Act

The Act is amended to make various changes respecting court procedures, fine enforcement mechanisms for municipalities, services provided to the public under the Act and the use of court resources.

Court procedures are amended by permitting the clerk of the court, for administrative reasons, to reschedule the time of a trial and to address the procedures that apply for parties rescheduling initial hearing dates.

Municipal fine enforcement mechanisms are amended by allowing municipalities to collect defaulted fines through municipal property taxes and to recover collection agency costs without approval from the Attorney General.

Various services provided to the public under the Act are amended by making changes respecting pre-trial conferences, allowing defendants convicted of a minor offence without a hearing to request a court to strike out the conviction and schedule a new trial without having to appear in person and allowing increased use of electronic methods for appearing at proceedings.

The amendments also permit witnesses to testify by affidavit for prescribed minor offences unless an appearance in person is necessary for a fair trial, expand offences eligible for ticketing and out of court settlements by raising the maximum fine that can be set for Part I matters from $500 to $1,000, allow for out-of-province service of a summons on a corporate defendant, incorporate a plea comprehension inquiry similar to the Criminal Code (Canada) and provide that orders to release seized items do not take effect for 30 days or pending an appeal.

SCHEDULE 5
ADJUDICATIVE TRIBUNALS ACCOUNTABILITY, GOVERNANCE AND APPOINTMENTS ACT, 2009

Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009

The Schedule contains the new Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009.

Under this Act, prescribed adjudicative tribunals are required to develop public accountability documents (a mandate and mission statement, a consultation policy, a service standard policy, an ethics plan and a member accountability framework) and governance accountability documents (a memorandum of understanding with their responsible ministers, a business plan and an annual report). The tribunals are required to make all the public accountability documents and the business plan available to the public. The responsible minister is required to make the memorandum of understanding available to the public and the annual report, once filed with the responsible minister, is made public when it is tabled by him or her in the Legislative Assembly.

The Act also sets out requirements for the selection of members to the prescribed adjudicative tribunals: the selection process is required to be a competitive, merit-based process in which candidates are assessed based on their experience, knowledge and training in the subject matter and legal issues dealt with by the tribunal and on their aptitude for impartial adjudication and for applying alternative adjudicative practices and procedures. A tribunal’s responsible minister is required to make the recruitment process public, including the steps intended to be taken in the process and the qualifications on which the candidates will be assessed.

The Act permits the Lieutenant Governor in Council to designate two or more prescribed adjudicative tribunals as a cluster if the Lieutenant Governor in Council is of the opinion that the tribunals can operate more effectively and efficiently as part of a cluster than alone. If a cluster is designated, the Lieutenant Governor in Council may appoint an executive chair, who is responsible for all the tribunals in the cluster, an associate chair and one or more vice-chairs for each tribunal in the cluster and one or more alternate executive chairs from among the associate chairs. The executive chair has all the powers, duties and functions of the chairs of each of the tribunals in the cluster and may delegate any of them, except those associated with their roles as ethics executives under the Public Service of Ontario Act, 2006, to the associate chair or vice-chairs of the individual tribunals. All the tribunals included in a cluster are required to develop their accountability documents jointly.

Each prescribed adjudicative tribunal’s responsible minister is required to conduct a review of the tribunal at least once every six years. The review is to address such matters as the tribunal’s mandate and whether it is still relevant, the functions of the tribunal and whether they would be better performed by another entity, the appropriateness of the tribunal’s governance structure and management systems, whether the tribunal is effective in achieving its mandate and serving the public and whether the tribunal should be changed or discontinued.

The Lieutenant Governor in Council is authorized to make regulations prescribing the adjudicative tribunals to which this Act applies.

SCHEDULE 6
PUBLIC INQUIRIES ACT, 2009

Public Inquiries Act, 2009

The Schedule repeals and replaces the Public Inquiries Act.

The new Act provides for the conduct of public inquiries of all types, from large public inquiries with public hearings to smaller, more focused inquiries. Commissions to conduct public inquiries will be established by order of the Lieutenant Governor in Council, which will appoint a commissioner or commissioners to conduct the inquiry and set out the terms of reference for the inquiry.

The new Act provides a process for appointing a person to assist in resolving issues before a public inquiry is established.

The powers and duties of the commission are set out and include the duty to conduct the public inquiry faithfully, honestly and impartially in accordance with its terms of reference, to ensure that the inquiry is conducted effectively, expeditiously, and in accordance with the principle of proportionality and to ensure that the commission is financially responsible and operates within its budget. Participation rights in a public inquiry are largely determined by the commission in the circumstances. Protections for witnesses and participants are included.

A number of Acts currently grant various persons and bodies powers and duties under the Public Inquiries Act in special circumstances. Sections 33 and 34, in conjunction with consequential amendments to these Acts, preserve these powers and duties.

SCHEDULE 7
MINISTRY OF CHILDREN AND YOUTH SERVICES

Child and Family Services Act

The definition of the term “Minister” is repealed and replaced to reflect the current organization of the Ministry. There are changes to the French version of certain provisions to ensure consistency in meaning between the French and English versions of the Act.

A section is added to the Act to deal with circumstances when a young person aged 16 or 17 is detained or sentenced to a term of imprisonment under the Provincial Offences Act. The change is necessitated because of earlier statutory amendments that transferred jurisdiction over young persons aged 16 and 17 to the Child and Family Services Act. Similarly, other sections are amended to ensure consistency with the earlier amendments.

The Act is amended so that the chair, vice-chairs and members of both the Custody Review Board and the Child and Family Services Review Board are paid remuneration. Currently, the Act provides that such individuals are paid a daily allowance.

The Act is amended to permit a Director to impose terms and conditions on a licence or to amend the terms and conditions during the course of a licence.

Day Nurseries Act

The definition of the term “Minister” is repealed and replaced to reflect the current organization of the Ministry.

The Act is amended to permit a Director to impose terms and conditions on a licence or to amend the terms and conditions during the course of a licence.

Intercountry Adoption Act, 1998

The definition of the term “Minister” is repealed and replaced to reflect the current organization of the Ministry.

The Act is amended to permit a Director to impose conditions on a licence or to amend the conditions during the course of a licence.

SCHEDULE 8
MINISTRY OF COMMUNITY AND SOCIAL SERVICES

Accessibility for Ontarians with Disabilities Act, 2005

The definition of “organization” is changed by deleting a reference to “a ministry of the Government of Ontario” and simply referring to the Government of Ontario.

Family Responsibility and Support Arrears Enforcement Act, 1996

Section 3 of the Act is re-enacted to allow the Director of the Family Responsibility Office to authorize a person or class of persons to exercise the Director’s powers under the Act.

The Act is amended to allow the Director to establish policies and procedures that must be considered in the exercise of the Director’s powers and duties relating to enforcement in section 6 and in the exercise of the Director’s discretion to refuse to enforce a support order or support deduction order in section 7.

Certain provisions of section 8 of the Act are moved to clarify their application to the support termination provisions. In addition, section 8 is amended to allow for the termination of a support obligation relating to a child on notice of the child’s death. Paragraph 2 of subsection 8.2 (2) of the Act is re-enacted to specify, in addition to the other conditions in subsection (2), that the Director may exercise discretion to reduce enforcement in circumstances where the recipient does not respond to a request from the Director to confirm or deny that a support obligation has been terminated.

Section 11.1 of the Act is enacted to specify that if there is a conflict between a support order and the related support deduction order, the support order takes precedence.

Subsection 35 (1) of the Act is amended to specify that a payor must be served with a first notice under section 34 before making a motion to change a support order.

Ontarians with Disabilities Act, 2001

The French translation of the name of the Corporations Tax Act is updated.

Ontario Disability Support Program Act, 1997

The French version of the term “extended health benefits” is changed in a number of places.

A provision that allowed the Director to require that certain persons consent to the Ministry placing a lien on property is repealed, as is a provision that authorized the making of regulations with respect to such a lien. A provision dealing with when the Director’s decision is final when an internal review is requested is amended to make it the earliest of three specified days.

Ontario Works Act, 1997

A provision that allowed an administrator to require that certain persons consent to a delivery agent placing a lien on property is repealed, as is a provision that authorized the making of regulations with respect to such a lien. A provision dealing with when an administrator’s decision is final when an internal review is requested is amended to make it the earliest of three specified days.

Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 and related amendments to other Acts

The definition of “professional and specialized services” is amended to include psychological associates and adult protective service workers.

There are amendments to the Act to ensure consistent use of the term “appointment” in sections 31 and 38. The protection against personal liability section is extended to persons conducting a review under subsection 31 (5).

Several other statutes are amended to include a reference to an intensive support residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008.

Social Work and Social Service Work Act, 1998

The Act is amended in several ways to deal with members who resign and members who are suspended. The authority of panels of committees is clarified. The Act is also amended to deal with the situations when a member ceases to be a member during a hearing or when a member becomes incapacitated during a hearing. The alternative dispute resolution option to resolve complaints is expanded upon. The Act is amended to allow for certain measures to be taken when the Registrar believes a member to be incapacitated.

SCHEDULE 9
MINISTRY OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES

Ammunition Regulation Act, 1994

The Act is updated to reflect changes in the related federal legislation.

Christopher’s Law (Sex Offender Registry), 2000

Corrections are made to the French version of the Act.

Coroners Act

Under current subsection 40 (3) of the Act, a judge may issue a bench warrant directed to a sheriff or police officer; this is amended so that the bench warrant is directed only to a police officer. Current clause 56 (1) (c) of the Act allows for regulations prescribing the composition of the Oversight Council; this is re-enacted to allow the regulations to also prescribe the composition of the complaints committee of the Oversight Council.

Emergency Management and Civil Protection Act

Section 10 of the Act is amended to exempt operations or service continuity plans from the requirement that emergency plans be made publicly available.

Mandatory Blood Testing Act, 2006

The definition of “analyst” is re-enacted to reflect the current name of the central public health laboratory and to allow for other laboratories to be prescribed by regulation. The French version of the definition of “listed communicable disease” is corrected.

Ministry of Correctional Services Act

A number of obsolete references are deleted: the definitions of “provincial director” and “young person”, references to a place of open custody, secure custody or temporary detention and to the Custody Review Board; references to the repealed Parole Act (Canada) and Penitentiary Act (Canada), which are replaced with a reference to the current federal Act, the Corrections and Conditional Release Act (Canada). Clause 58 (c) of the Act is repealed since it applied to a provision of the Act that was itself previously repealed.

Amendments are made throughout the Act to change the name of the Ontario Parole and Earned Release Board to the Ontario Parole Board. A consequential amendment is made to the Legislative Assembly Act.

Subsection 10 (2) of the Act currently provides that personal information about an individual may be disclosed by a person designated by the regulations. This is re-enacted to permit such disclosure by a person employed in the Ministry and designated by the Deputy Minister or his or her delegate. Clause 60 (1) (u) of the Act is re-enacted to reflect this change.

Subsection 34.1 (2) of the Act, which currently provides that the Ontario Parole and Earned Release Board has exclusive jurisdiction in prescribed circumstances to determine whether an inmate has earned remission, is repealed. Clause 60 (1) (c.4) of the Act is repealed as a consequence and a consequential amendment is made to the Government Efficiency Act, 2002.

Subsections 60 (2) and (3) of the Act are repealed, eliminating the requirement that a warrant for the arrest and return of a parolee be in a prescribed form. New subsection 60 (2) provides that the Minister of Community Safety and Correctional Services may require any form for the purposes of the Act without a regulation.

Ontario Society for the Prevention of Cruelty to Animals Act

A definition of the term “business day” is added to the Act.

Section 11.5 of the Act, under which a warrant may be obtained to enter and inspect any building or place used for animal exhibit, entertainment, boarding, hire or sale, is amended to allow telewarrants for this purpose. A consequential amendment is made to clause 22 (2) (e) of the Act.

The French version of subsection 12.1 (2) of the Act is corrected.

Section 14 of the Act is amended to require that a notice informing an owner or custodian of an animal that the Society has removed the animal in order to provide it with food, care or treatment to relieve its distress must also set out information on how to appeal the removal.

Section 20 of the Act is amended to permit the service of orders, notices and statements of account by courier.

Police Services Act

Subsection 18 (4) of the Act, which authorizes the Commissioner of the Ontario Provincial Police to appoint employees of the force, is repealed.

Clause 57 (7) (c.1) of the Act provides that an employee of the Ontario Provincial Police is not a member of the public and cannot make a complaint against a member of the force. This clause is repealed; since “member of a police force” is defined to include an employee of the Ontario Provincial Police, the content of clause (c.1) is captured by clause 57 (7) (c) of the Act.

Clause 74 (1) (a) and paragraph 23 of subsection 135 (1) of the Act are re-enacted so that misconduct is not referred to as an offence.

Private Security and Investigative Services Act, 2005

Section 16 of the Act entitles applicants and licensees to a hearing before the Registrar to show cause why the Registrar should not refuse to issue or renew a licence, apply conditions to a licence or revoke a licence. Section 16 is amended to give applicants and licensees an opportunity to be heard rather than a hearing to show cause; consequential amendments are made to section 15 of the Act.

Section 29.1 is added to the Act; it authorizes police officers to arrest a person without a warrant if the person is apparently in contravention of the Act or a prescribed provision of the regulations and he or she either refuses to give his or her name and address or gives what appears on reasonable grounds to be a false name or address.

SCHEDULE 10
MINISTRY OF CONSUMER SERVICES

Collection Agencies Act

The powers of the Registrar or any person designated in writing by the Registrar to enter the business premises of a registrant and to conduct an inspection are made consistent with the inspection powers found in other Acts administered by the Minister of Consumer Services.

The limitation period for commencing a proceeding for an offence under the Act is standardized and set at two years after the facts upon which the proceeding is based first came to the knowledge of the Director.

Electricity Act, 1998

The Schedule amends subsection 113 (3) of the Act to adjust terminology used in the provision.

Technical Standards and Safety Act, 2000

The Schedule amends subsection 36 (2) of the Act to adjust terminology used in the provision.

General

The Schedule repeals a number of spent provisions in the Arthur Wishart Act (Franchise Disclosure), 2000 and the Ministry of Consumer and Business Services Act.

In exercising powers and performing duties under any of the Collection Agencies Act, the Consumer Reporting Act, the Film Classification Act, 2005, the Funeral, Burial and Cremation Services Act, 2002, the Motor Vehicle Dealers Act, 2002, the Payday Loans Act, 2008, the Real Estate and Business Brokers Act, 2002 and the Travel Industry Act, 2002, the Registrar or registrar under the Act is no longer subject to the supervision of the Director or director under the Act.

Under the Funeral, Burial and Cremation Services Act, 2002, the Motor Vehicle Dealers Act, 2002, the Real Estate and Business Brokers Act, 2002 and the Travel Industry Act, 2002, if the Minister delegates regulation-making power to the board of an administrative authority designated under the Safety and Consumer Statutes Administration Act, 1996, the Minister retains the power to make regulations in respect of matters that are the subject of the delegation.

SCHEDULE 11
MINISTRY OF CULTURE

Arts Council Act

Section 12 of the Act, which requires an annual report, is repealed.

Centennial Centre of Science and Technology Act

Subsection 2 (2) of the Act, which requires a seal, is repealed.

Subsection 7 (6) of the Act, which requires an expenditure plan, is repealed.

Section 10 of the Act, which requires an annual report, is repealed.

Conveyancing and Law of Property Act

Subsection 61 (4) of the Act is amended to specify that conservation easements under the Ontario Heritage Act cannot be modified or discharged by court order under section 61 of the Act.

Land Titles Act

Subsection 119 (12) of the Act is amended to specify that conservation easements under the Ontario Heritage Act are exempt from the registration requirement in clause 119 (4) (c), the rule with respect to modification and discharge of covenants in subsection 119 (5) and the rule that easements are deemed to expire after 40 years in subsection 119 (9).

McMichael Canadian Art Collection Act

Section 15 of the Act, which requires an annual report, is repealed.

Ontario Heritage Act

Section 10 of the Act is re-enacted to specify that, except for the sale or other disposition of Ontario Heritage Trust property, the Minister’s approval is not required for the Trust to exercise its powers under that section.

Subsection 29 (5) of the Act is amended to reflect the rules set out in subsections 26 (3) and (4) that notice of intention given by a municipality is not limited to publication in a newspaper having general circulation in the municipality.

Subsections 29 (15), 32 (22), 34.6 (18) and 52 (14) of the Act are amended and new subsections 29 (15.1) and 52 (15) are added to specify that the Review Board shall not hold a hearing or shall discontinue a hearing if one is in progress only if all of the notices of objection have been withdrawn.

Section 34 of the Act is amended to allow municipalities to request and receive additional information from an applicant seeking consent to demolish or remove a building and to specify that the 90-day period to review the application only begins once the municipality sends a notice of receipt to the applicant.

Sections 35.2 and 62 of the Act are amended to specify the manner by which a stop order may be served and the date on which it is effective.

Section 39 of the Act is amended to specify that grants or loans made by a municipality under that section are not subject to the restrictions in section 106 of the Municipal Act, 2001.

Paragraph 3 of subsection 48 (1) of the Act is amended to add to the activities with respect to marine archaeological sites that require a licence under Part VI. In addition, subsection 48 (3) of the Act is enacted to specify that a licence under Part VI of the Act is not required if the licensee has already completed archaeological fieldwork on the site and has reported that the site has no further cultural heritage value or interest.

Subsection 65.1 (3) of the Act is re-enacted to specify that the Minister may determine the location, format and times for inspection of the register containing reports of archaeological sites.

Section 67 of the Act is re-enacted to specify the service requirements under the Act.

Subsections 68.1 (1) and (2) of the Act are repealed; the prohibitions that the Ontario Municipal Board not rehear an application or review or change a decision, approval or order made by it are removed.

Subsection 69 (5) of the Act is re-enacted to specify that municipalities may restore properties altered in contravention of section 33, 34.5 or 42 of the Act and may recover the restoration costs from the owner, with certain exceptions.

Subsection 70 (1) of the Act is amended to allow the Lieutenant Governor in Council to make regulations prescribing additional rules and methods of service.

Public Libraries Act

Subsection 16 (1) of the Act is re-enacted to require a public library board to hold meetings once a month for at least 10 months each year.

Clause 20 (f) of the Act is amended to specify that a board may be required to provide other information to the Minister, in addition to providing the Minister with an annual report and other required or requested reports.

Subsections 24 (7) and (8) of the Act are repealed and subsection 29 (2) of the Act is re-enacted to remove the requirements for library boards to submit financial statements to municipal councils and for municipal councils, local service boards and band councils to make annual financial reports to the Minister.

Subsection 40 (2) of the Act is re-enacted; it no longer requires special library service boards to submit audited financial statements and descriptions of its programs and activities to the Minister.

Part II of the Act, respecting the Ontario Library Service, is repealed.

Royal Ontario Museum Act

Section 15 of the Act, which requires an annual report, is repealed.

Science North Act

Subsection 2 (3) of the Act, which requires a seal, is repealed.

Section 15 of the Act, which requires an annual report, is repealed.

Status of Ontario’s Artists Act, 2007

Subsection 6 (1) of the Act is re-enacted to specify that Celebrate the Artist Weekend takes place on a weekend designated by the Minister, instead of always falling on the first weekend wholly in June.

SCHEDULE 12
MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE

Development Corporations Act

The Schedule re-enacts the definition of “corporation” in subsection 1 (1) of the Act to clarify that it does not apply to corporations constituted by regulation under section 5 of the Act.

The Schedule also re-enacts section 5 of the Act. It adds more detail to the power, in the current section 5, for the Lieutenant Governor in Council to constitute corporations by regulation. New section 5 specifies the following: that a corporation constituted by regulation may be a development corporation or a corporation that is not a development corporation; that its objects, purposes, powers and duties may be similar to or different from those given to the three development corporations that are constituted in the Act; that it may be given the capacity, rights, powers and privileges of a natural person, subject to any limitations set out in the regulation; and that it may be given the power to hire employees or that its employees may be appointed under Part III of the Public Service of Ontario Act, 2006.

New section 5 is made to apply to regulations made under it before or after the Good Government Act, 2009 receives Royal Assent and any regulation made before that date is deemed to have been validly made. However, a new non-development corporation may not be constituted under section 5 after June 30, 2011.

SCHEDULE 13
MINISTRY OF EDUCATION

Education Act

Various changes are made to the Act to correct errors, update references, repeal obsolete provisions and update French terminology.

Ontario College of Teachers Act, 1996 and regulations made under the Act or the Ontario Educational Communications Authority Act

The Bill amends the Act to provide that the provisions respecting reinstatement proceedings apply to proceedings relating to decisions of the Minister made under repealed regulations or obsolete provisions of the Education Act.

The regulation-making powers are clarified with respect to the suspension of members from the Council and the manner in which additional qualifications may be recorded.

The Act and a number of regulations made under the Act or the Ontario Educational Communications Authority Act are amended to update French terminology.

SCHEDULE 14
MINISTRY OF ENERGY AND INFRASTRUCTURE

Capital Investment Plan Act, 1993

Subsection 3 (4) of the Act is re-enacted to specify what minister is responsible for the administration of the Act in respect of the Ontario Realty Corporation. Formerly, the Act provided that it was the Chair of Management Board of Cabinet who had that responsibility. Section 60, which dealt with the application of a certain class environmental assessment to the Ontario Realty Corporation, is repealed.

Electricity Act, 1998

Subsections 19 (6) and (7), 19.1 (4), 25.21 (6) and (7) and 25.22 (4) and clause 114 (1.2) (h) of the Act, all of which were transition provisions dealing with the 2005 fiscal year in respect of the Independent Electricity System Operator and the Ontario Power Authority, are repealed. Subsection 34 (4.1) of the Act is repealed and re-enacted to change references to the Minister to references to the Board. A proclamation can repeal that subsection at a later date.

Electricity Pricing, Conservation and Supply Act, 2002

Subsection 3 (19) of the Act is repealed. That section repealed subsection 34 (4.1) of the Electricity Act, 1998, which is being repealed and re-enacted in this Schedule.

SCHEDULE 15
MINISTRY OF THE ENVIRONMENT

Clean Water Act, 2006

The Schedule re-enacts section 36 of the Act to provide that when the Minister approves a source protection plan, he or she shall specify, by order, the requirements related to the review of the plan. The section also sets out requirements related to the preparation of terms of reference for a review, the review of an assessment report and the review of other parts of a source protection plan.

Section 88 of the Act is amended by providing that if the Minister issues an order under subsection 33 (3) of the Act, the Minister may designate specified persons or members of classes of persons for the purposes of entering property under subsection 88 (1) of the Act.

Section 108 of the Act is amended to provide that section 14 of the Conservation Authorities Act applies to a conservation authority, with necessary modifications, if a regulation is made designating participating municipalities for a conservation authority for the purposes of the Act.

Nutrient Management Act, 2002

The re-enactment of the definition of “nutrient” in section 2 of the Act removes the reference to the material being applied to land. The material must be capable of being applied to land. The re-enactment of the definition of “nutrient management strategy” in the same section of the Act recognizes that the strategy may be prepared for a municipality or a generator of prescribed materials by another person.

The enactment of clause 6 (2) (g.1) authorizes the making of regulations governing the preparation of nutrient management strategies.

The re-enactment of subsection 29 (1) of the Act removes a reference to the Director having authority to enter premises under section 13, 14 or 16 of the Act. The re-enactment of clause 29 (3) (b) requires the report on steps taken pursuant to an order under subsection 29 (1) of the Act to be made to the person issuing the order.

The enactment of subsection 55 (1.1) of the Act authorizes the acceptance in a proceeding of a certificate certifying the service of certain documents as evidence of the service of those documents without further proof, in the absence of evidence to the contrary.

Ontario Water Resources Act

Section 5 of the Act, which provides for the appointment of Directors by the Minister, is amended to provide that the power to appoint is permissive and to authorize the appointment of members of classes of persons.

Pesticides Act

Section 36 of the Act is amended to authorize documents that are adopted by reference in a regulation to be adopted as amended from time to time.

Section 48 of the Act is re-enacted to provide that the limitation period for offences under the Act or the regulations shall not be commenced later than two years after the later of the day on which the offence was committed and the day on which evidence of the offence first came to the attention of a provincial officer or Director.

Toxics Reduction Act, 2009

Section 50 of the Act is amended to authorize documents that are adopted by reference in a regulation to be adopted as amended from time to time.

General

The Schedule amends a number of Acts to state that the Lieutenant Governor in Council may make regulations prescribing or respecting any matter that the Act refers to as a matter prescribed by the regulations or as otherwise dealt with by the regulations.

A number of Acts are also amended to correct errors, ensure consistency of terminology and ensure consistency between the English and French versions of provisions.

SCHEDULE 16
MINISTRY OF FINANCE

Accumulations Act

The enactment of section 5 of the Act exempts trust funds required under the Nuclear Fuel Waste Act (Canada) from the rules of law and statutory enactments relating to accumulations.

Commodity Futures Act

Section 2.2 of the Act lists the extraordinary circumstances in which the Ontario Securities Commission must notify the Minister of Finance that immediate action must be taken in the public interest. The reference to “disruption” in the English version is changed to “major disruption” for consistency within the section.

The reference to the Treasurer of Ontario in section 61 of the Act is updated to Minister of Finance.

A cross reference to provisions in the Proceedings Against the Crown Act is corrected in subsection 64 (3) of the Act.

The amendment to subparagraph 28 i of subsection 65 (1) of the Act corrects a reference to a Part in the Act.

Corporations Tax Act

The amendments to subsection 57.4 (1.1) of the Act update cross references to a provision of the Act that has been amended.

Electricity Act, 1998

Subsection 92.1 (7) of the Act is a transitional provision that is spent and is repealed in this Schedule.

Financial Services Commission of Ontario Act, 1997

Section 10 of the Act grants immunity to certain persons who carry out their functions under the Act in good faith. The wording added by the enactment of subsection 10 (1.1) of the Act was inadvertently omitted and is usually included in such immunity provisions.

Income Tax Act

The references to “first class mail” in subsections 8.5 (33) and 48 (13) of the Act are updated to use current terminology.

Insurance Act

References to the Treasurer of Ontario and the Official Guardian in the Act are updated to Minister of Finance and Children’s Lawyer respectively. A technical correction is made to the French version of subsection 437.17 (1) of the Act.

Mining Tax Act

A technical correction is made to the French version of subclause 8 (4) (a) (vi) of the Act.

Northern Services Boards Act

Technical corrections are made to the French version of subsections 26.1 (5) and 57 (1) of the Act.

Ontario Guaranteed Annual Income Act

Various provisions of the Act are amended to update references to section 1 of the Act to subsection 1 (1) of the Act.

Perpetuities Act

The enactment of subsection 18 (1.1) of the Act exempts trust funds required under the Nuclear Fuel Waste Act (Canada) from the rules of law and statutory enactments relating to perpetuities.

Taxation Act, 2007

A technical correction is made to the English version of subparagraph 1 i of subsection 41 (4) of the Act.

SCHEDULE 17
MINISTRY OF GOVERNMENT SERVICES

Business Corporations Act

In the case of paper filing of articles of incorporation, the articles must be signed by all incorporators. In the case of electronic filing of articles of incorporation, the articles must be signed by all incorporators, unless the regulations provide otherwise. The Schedule repeals two regulation-making authority provisions since they are no longer in use.

Certification of Titles Act

The Schedule repeals the Act and the one regulation made under it. It also corrects cross references to the Act in other Acts.

Change of Name Act

The Schedule updates references in the Act to the former Ministry of the Solicitor General which is now the Ministry of Community Safety and Correctional Services.

Land Titles Act

All hearings required under the Act are to proceed before the Director of Titles, so that there will be no more hearings before a land registrar. The Schedule repeals subsection 157 (2) of the Act which is inconsistent with amendments made in 2006 to section 57 of the Act.

Marriage Act

The Schedule repeals the unproclaimed provisions in section 24 of the Act that allow for the making of regulations to designate commissioners to solemnize marriages under the authority of a licence. It also removes the restrictions on the time of day and the place at which a judge may solemnize a marriage.

Ontario Public Service Employees’ Union Pension Act, 1994

The Schedule adds a new section 21.1 to the Act to authorize the Lieutenant Governor in Council to establish or continue supplemental pension plans for members of the OPSEU Plan. The Schedule repeals several provisions of the Act because they are spent or obsolete: subsections 6 (1), (2), (3), (4) and (6), subsection 8 (1), section 10, subsections 11 (1) and (4) and sections 12, 13, 15, 16, 17, 19 and 20. It also makes related technical amendments.

Public Service of Ontario Act, 2006

The Schedule transfers to the Minister responsible for the administration of the Act the power of the Lieutenant Governor in Council to make regulations prescribing bodies that are public bodies or Commission public bodies for the purposes of the Act, prescribing persons to whom the Public Service Commission can delegate its powers of human resource management in respect of public servants appointed to work in a Commission public body and prescribing the ethics executive for certain public servants. The Schedule clarifies the application of sections 104 and 140 of the Act which deal with the right of certain public servants to complain about reprisals for political activity or disclosures of certain wrongdoing.

Public Service Pension Act

The Schedule adds a new section 6.0.1 to the Act to authorize the Lieutenant Governor in Council to establish or continue supplemental pension plans for members of the Plan. The Schedule repeals several provisions of the Act because they are spent or obsolete: subsection 7 (2), sections 8, 9, 10 and 11 and subsections 15 (1), (2) and (3). It also makes related technical amendments.

Registry Act

The Schedule preserves the effect of a certificate of title registered in accordance with the Certification of Titles Act, as that Act existed before its repeal, and the right of a person wrongfully deprived of an interest in land as a result of the registration of such a certificate to recover compensation from The Land Titles Assurance Fund. It also preserves the procedure for the Director of Titles to register a correction notice and to issue and register an amendment to a certificate of titles.

Vital Statistics Act

The Deputy Registrar General is allowed to delegate his or her powers and duties under the Act. The Schedule clarifies that the Registrar General can cancel a registration if satisfied that the registration was improperly made or caused to have been made. The regulations made under the Act can permit the Registrar General to issue an additional type of certificate, namely one that contains more particulars than the particulars presently set out in the Act for a birth certificate. A regulation that incorporates a document setting out a classification of diseases for the purposes of the Act can include amendments made to the document after the time the regulation is made.

SCHEDULE 18
MINISTRY OF HEALTH AND LONG-TERM CARE

Health Care Consent Act, 1996

The Act is amended to increase the time allowed for the Consent and Capacity Board to issue written reasons for its decision after a hearing ends from two days to four days. The Act is also amended to permit the Board to direct Legal Aid Ontario, instead of the Public Guardian and Trustee or the Children’s Lawyer, to arrange for legal counsel for a person who may be incapable in respect of treatment, managing property, admission to a care facility or a personal assistance service. The Act is further amended to include specific authority for an incapable person’s attorney or guardian of property to assess, review and challenge a solicitor’s bill under the Solicitors Act.

Health Protection and Promotion Act

The Act is amended with respect to the Chief Medical Officer of Health’s powers in relation to personal information and personal health information. The Act is also amended to specify when class orders are deemed to be made under section 106.

Ministry of Health Appeal and Review Boards Act, 1998

The Act is amended by repealing the short title and substituting the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998. Various Acts are amended to reflect this change.

Personal Health Information Protection Act, 2004

The Act is amended to permit disclosure of personal health information in limited circumstances if the disclosure is for the purpose of activities to improve or maintain the quality of care provided to the individual or individuals provided with similar health care. The Act is also amended to set out the requirements related to mixed records that contain both personal health information and personal information in one provision.

Quality of Care Information Protection Act, 2004

The Act is amended to update the definition of “health facility” following the repeal of the Mental Hospitals Act and to provide that information collected as quality of care information will continue to be treated as quality of care information even if the quality of care committee or the health facility that established the quality of care committee is no longer in operation.

Regulated Health Professions Act, 1991

The Health Professions Procedural Code of the Act is amended to provide that the penalties and the requirement for consent by the Attorney General before initiating a prosecution within section 22.12 relate to offences involving the Fairness Commissioner and his or her duties, employees and auditors, including obstructing or furnishing false information to the Fairness Commissioner under that section.

University Health Network Act, 1997

The Act is amended to repeal and update certain provisions where they are no longer applicable or do not reflect the University Health Network’s current governance structure.

Acts repealed and regulations revoked

The following Acts are repealed:

1. Chronic Care Patients’ Television Act, 1994.

2. Community Psychiatric Hospitals Act.

3. Mental Hospitals Act.

4. Municipal Health Services Act.

The following Regulations are revoked:

1. Regulation 91 of the Revised Regulations of Ontario, 1990 (General) made under the Community Psychiatric Hospitals Act.

2. Regulation 92 of the Revised Regulations of Ontario, 1990 (Grants) made under the Community Psychiatric Hospitals Act.

3. Regulation 743 of the Revised Regulations of Ontario, 1990 (Application of Section 13 of the Public Hospitals Act) made under the Mental Hospitals Act.

4. Regulation 744 of the Revised Regulations of Ontario, 1990 (General) made under the Mental Hospitals Act.

Various Acts are amended to remove references to other Acts that are repealed, to remove transitional provisions and references to transitional provisions that are now spent, to update technical language and to remove outdated or redundant provisions.

SCHEDULE 19
MINISTRY OF HEALTH PROMOTION

Smoke-Free Ontario Act

The Act currently prohibits the promotion of the sale of tobacco products in any place where tobacco is sold or offered for sale. The Act is amended to prohibit the promotion of the sale of tobacco products in or at any place where tobacco is sold or offered for sale.

SCHEDULE 20
MINISTRY OF LABOUR

Employment Standards Act, 2000

Section 65 of the Act is amended to exclude certain years from the determination of severance pay rights where an employee is receiving an actuarially unreduced pension benefit at the time of severance.

Section 74.11 of the Act is amended to restrict the circumstances in which the termination of assignment employees of temporary help agencies is a mass termination for the purposes of Part XV.

Labour Relations Act, 1995

The Act is amended to replace references to Director of Labour Management Services with Director of Dispute Resolution Services.

As well, corrections are made to the French version of subsections 162 (2) and 165 (4) of the Act.

Occupational Health and Safety Act

Various amendments are made to the Act to correct errors and update references.

Workplace Safety and Insurance Act, 1997

Amendments are made to the Act to clarify provisions and update references.

Repeals

Several labour dispute resolution Acts are repealed.

SCHEDULE 21
MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING

Assessment Act

The Act is amended to delete deadlines on a municipality’s ability to make tax policy decisions regarding classes of real property.

Building Code Act, 1992

New subsection 2 (3) of the Act authorizes the Director of the Building and Development Branch of the Ministry of Municipal Affairs and Housing to designate a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry to exercise the powers and perform the duties of the Director in his or her absence. New subsection 2 (4) authorizes the Director to delegate his or her powers or duties to one or more public servants employed under Part III of that Act who work in the Ministry.

Subsection 8 (2.2) of the Act currently provides that when an application for a permit contains the prescribed information, the chief building official is required to decide within the prescribed period whether to issue the permit or to refuse to issue it. Subsection 8 (2.2) is re-enacted to provide that the obligation arises if an application meets the prescribed requirements, unless the prescribed circumstances apply.

New subsection 8 (8.1) of the Act requires the chief building official to give to the corporation designated under section 2 of the Ontario New Home Warranties Plan Act, currently Tarion Warranty Corporation, prescribed information relating to permits issued under section 8 and the applications for those permits.

Section 9 of the Act, which authorizes the use of equivalent materials, systems and building designs, is repealed. Complementary repeals and a complementary amendment are made as a result.

Subsection 36 (8) of the Act currently provides that no proceeding under section 36 shall be commenced more than one year after the subject matter of the proceeding arose. Subsection 36 (8) is re-enacted to provide that no proceeding shall be commenced more than one year after the facts on which the proceeding is based first came to the knowledge of the chief building official or, if the proceeding is in respect of the enforcement of by-laws under section 15.1, first came to the knowledge of a property standards officer. New subsection 36 (8.1) provides that the current limitation period continues to apply where the subject matter of the proceedings arose more than one year before the day subsection 36 (8), as re-enacted, comes into force.

City of Toronto Act, 2006

The Act is amended to clarify that the prohibition on the City establishing a system of permits for motor vehicles or trailers does not limit or prohibit the passing of a by-law under Part X (Power to Impose Taxes).

Currently, under the Act, the City may pass by-laws respecting green roofs. The Bill provides that the City may also pass by-laws respecting alternative roof surfaces that achieve similar levels of performance to green roofs.

The regulation-making powers respecting corporations established by the City are amended to also apply to secondary corporations established by such corporations and to corporations deemed under the regulations to be secondary corporations.

The provisions respecting the Ombudsman and the Auditor General are amended to provide that each person must perform his or her functions in an independent manner.

The Bill adds provisions establishing a new limitation period for commencing court actions to recover taxes imposed under Part X of the Act.

The Bill removes several deadlines that the Act currently imposes on the City’s ability to make tax policy by-laws.

The Act is amended to clarify which properties of the TTC are exempt from property taxation.

Various other corrections and minor amendments are made.

Limitations Act, 2002

A consequential amendment is made to the Act in connection with the proposed new limitation period under the City of Toronto Act, 2006 for commencing court actions to recover taxes imposed under Part X of that Act.

Municipal Act, 2001

The Bill amends the Act to revoke every restructuring order whose effective date is earlier than January 2, 2005 and that remains in force on the day the Good Government Act, 2009 receives Royal Assent, except for provisions of an order that still have effect.

The regulation-making powers respecting corporations established by a municipality are amended to also apply to secondary corporations established by such corporations and to corporations deemed under the regulations to be secondary corporations.

The Bill removes several deadlines that the Act currently imposes on a municipality’s ability to make tax policy by-laws.

Various other corrections and minor amendments are made.

Municipal Conflict of Interest Act and Municipal Extra-Territorial Tax Act

The French version of both Acts is amended to correct technical errors.

Municipal Elections Act, 1996

Amendments to the Act address key dates in the election calendar; the needs of candidates and electors with disabilities; campaign finances and contribution limits; the voters’ list; the voting process; compliance and enforcement.

Here are some highlights:

Key dates in the election calendar: Voting day in regular elections is moved to the fourth Monday in October. Nominations must be filed by 2 p.m. on the second Friday in September. June 1 is established as the deadline for a number of administrative activities, such as passing a by-law authorizing the use of voting equipment and vote-counting equipment and authorizing the use of alternative voting. The deadline for candidates to file their financial statements concerning campaign expenses is 2 p.m. on the last Friday in March after the election. (See the proposed amendments to sections 5, 8, 31, 33, 36, 37, 42 and 65 of the Act.)

The needs of candidates and electors with disabilities: Campaign expenses related to a candidate’s disability are excluded from the candidate’s spending limit. (See the new paragraph 8.2 of subsection 67 (2) of the Act.) The municipal clerk shall ensure that each voting place is accessible to persons with disabilities. (See subsection 45 (2) of the Act as set out in the Schedule.) After the election, the clerk is required to report on accessibility measures taken during the election. (See the new section 12.1 of the Act.)

Campaign finances and contribution limits: An aggregate contribution limit of $5,000 per contributor for each jurisdiction is established. (See the new subsection 71 (2.1) of the Act.) Contributors who exceed this limit may be liable to a penalty.

Upon filing a nomination, each candidate will receive an estimated spending limit based on the number of electors in the previous election. (See the new section 33.0.1 of the Act.) After the close of nominations, each candidate will receive a final spending limit based on the number of electors in the current voters’ list. The higher amount becomes the candidate’s official spending limit. (See subsection 76 (6) of the Act as set out in the Schedule.)

The list of expenses that are not subject to the spending limit is revised. Interest on loans is subject to the campaign spending limit. Expenses relating to a compliance audit are not included in the spending limit. (See the new paragraph 8.1 of subsection 67 (2) of the Act.)

Currently, the cost of holding fund-raising functions is not included in the spending limit. Amendments specify that the cost of holding fund-raising functions does not include costs related to events or activities at which the soliciting of funds is incidental, or costs related to promotional materials in which the soliciting of contributions is incidental. (See the definition of “fund-raising function” in section 1 of the Act as set out in the Schedule and the new subsection 67 (2.1) of the Act.)

A candidate’s surplus funds will be held in trust by the municipality. The candidate may access those funds if he or she incurs expenses relating to a recount or a proceeding about a controverted election or a compliance audit. If surplus funds are not used for these purposes, they become the property of the municipality and cannot be carried forward by the candidate to use in the next election. (See section 79 of the Act as set out in the Schedule and the new section 79.1 of the Act.)

The voters’ list: The Municipal Property Assessment Corporation is authorized to obtain certain information from the Registrar General for use in compiling the preliminary list of electors. (See the proposed amendments to section 19 of the Act.) Municipalities may use additional information in their custody in order to revise and correct the list.

The voting process: Electors voting at a polling place will be required to provide proof of identify and proof of residence before they receive a ballot. Regulations may prescribe the acceptable forms of identification. (See paragraph 1 of subsection 52 (1) of the Act as set out in the Schedule.)

Compliance and enforcement: Candidates must file their campaign financial statements by the specified deadline, unless they have applied to the courts for an extension before the deadline has passed. The current 90-day grace period for sitting council members who miss the deadline is eliminated. A candidate who does not file the financial statement by the deadline forfeits any office to which he or she was elected, and is ineligible to run for office again until after the next regular election. (See section 80 of the Act as set out in the Schedule.)

The municipal clerk is required to make all financial statements filed by candidates available to the public in electronic format, free of charge. (See the new subsection 88 (9.1) of the Act.)

All municipalities and school boards are required to appoint an audit committee to hear and decide on applications for compliance audits. (See the new section 81.1 of the Act.)

Penalties for offences under the Act are increased. An individual who contravenes the Act is liable, on conviction, to a fine of up to $25,000 and to imprisonment for up to six months. A corporation or trade union that contravenes the financial provisions of the Act is liable, on conviction, to a fine of up to $50,000. (See the new section 94.1 of the Act.)

The limitation period for commencing a prosecution for contravening the Act is changed. A prosecution for an offence in relation to a regular election must be commenced on or before December 1 of the fourth year after the year in which the election is held. A prosecution for an offence in relation to a by-election must be commenced on or before December 1 of the year of the next regular election after the by-election. (See the new section 94.2 of the Act).

Planning Act

The Act is amended to clarify the uses to which money may be spent that was paid in lieu of conveying land for park or other public recreational purposes.

Currently, the Act provides that the committee of adjustment may authorize variances from by-laws that are in effect. Subsection 45 (1) of the Act is amended so that variances may be granted from by-laws that have been passed, whether or not they are in effect.

Subsection 51 (3.1) is added to the Act to specify that a council or planning board that is delegated authority to approve plans of subdivision is the approval authority for the purposes of sections 51 and 51.1 of the Act.

Various other technical amendments are made.

Residential Tenancies Act, 2006

Technical amendments are made to subsection 74 (11) of the Act concerning payments a tenant is required to make to set aside an eviction order.

A technical amendment is made to section 78 of the Act concerning orders of the Landlord and Tenant Board setting aside an order terminating a tenancy and evicting a tenant.

A technical amendment is made to section 108 of the Act so that the prohibition against requiring tenants to provide post-dated cheques or permit automatic debiting of their accounts for the payment of rent also applies with respect to prospective tenants.

Amendments are made to section 111 of the Act concerning the type of discounts that do not affect the calculation of lawful rent. Complementary amendments are made to subsection 111 (3) and to paragraphs 14 and 15 of subsection 241 (1).

A technical amendment is made to subsection 146 (2) of the Act to correct a cross-reference.

A technical amendment is made to subsection 224 (3) of the Act to specify the complaints to which it applies.

New subclause 234 (y) (iii) is added to the Act to create an additional offence for contravening an order of the Board concerning restrictions on the disposal of a tenant’s property when enforcing an eviction order.

Stronger City of Toronto for a Stronger Ontario Act, 2006

Subsection 3 (4) of the Act is repealed because it is obsolete.

SCHEDULE 22
MINISTRY OF NATURAL RESOURCES

Crown Forest Sustainability Act, 1994

The Act does not apply to a Crown forest located in either a provincial park or conservation reserve, as opposed to just in a provincial park as at present. The Schedule standardizes the limitation periods for administrative penalties and offences to impose a limit of five years from the day on which the act, omission or offence, as the case may be, was committed or alleged to have been committed.

Fish and Wildlife Conservation Act, 1997

The Schedule includes leasing in the definition of “buy and sell” and adds a definition for “big game” and some other terms.

A property owner is allowed to harass, capture or kill American elk on the owner’s property if the owner does so in accordance with the authorization of the Minister of Natural Resources.

The Schedule adds a purpose test for using the powers of inspection of conveyances under section 89 and inspection of places under section 90. A justice of the peace is allowed to issue a warrant to a conservation officer or other person specified in the warrant to allow the person to enter and search a place named in the warrant and conduct tests related to the commission of an offence under the Act.

The Lieutenant Governor in Council is allowed to make regulations prohibiting or regulating the feeding of wildlife, other than the use of feed as bait for hunting or trapping wildlife.

The Schedule updates the nomenclature of species listed in the Schedules to the Act to be consistent with the Endangered Species Act, 2007.

Forest Fires Prevention Act

The Schedule repeals section 9 of the Act which allows the Minister of Natural Resources to appoint special officers for the purposes of the Act. Conservation officers, deputy conservation officers, police officers and members of the Royal Canadian Mounted Police are deemed to be officers for the purposes of the Act. An officer under the Act is allowed to enter onto land to inspect the site of a fire to determine its cause and circumstances.

Forestry Act

The Schedule repeals section 18 of the Act which allows the Lieutenant Governor in Council to make regulations designating forest tree pests for the purposes of the Act.

Lakes and Rivers Improvement Act

The Schedule repeals section 18 of the Act which allows the Minister of Natural Resources to order the owner of a dam that impounds water for power development or storage purposes to clear timber. It also combines the powers of the Minister to make orders if any material is discharged into a lake or river.

Niagara Escarpment Planning and Development Act

The present Niagara Escarpment Planning Area and Niagara Escarpment Plan are continued. The Lieutenant Governor in Council is allowed to make regulations altering the boundaries of the Area, but cannot make a regulation that has the effect of removing any lands from the Area unless the Minister of Natural Resources lays the regulation before the Assembly and the Assembly approves the regulation.

Oil, Gas and Salt Resources Act

The Schedule removes the minimum for the amount of a fine for an offence under the Act.

Professional Foresters Act, 2000

A notice that the Registrar gives to suspend a certificate of registration of a member of the Ontario Professional Foresters Association can be combined with a notice that the Registrar gives to cancel a member’s certificate of registration. The Schedule amends the number of members of the Complaints Committee and the Discipline Committee. The Council of the Association can pass by-laws to designate or establish a body to provide an internal review of or appeal from any decision of the Registration Committee with respect to a certificate of registration for the purposes of the Fair Access to Regulated Professions Act, 2006. The by-laws can also deal with related matters.

Provincial Parks and Conservation Reserves Act, 2006

The Minister of Natural Resources is allowed to designate an assistant to a superintendent designated under section 12 of the Act. The Minister is also allowed to designate park wardens for the purposes of the Act.

Surveyors Act

Some of the more significant amendments are as follows:

The Schedule clarifies the distinction between the two classes of members of the Association of Ontario Land Surveyors. Licensed members are those members practising cadastral surveying. Registered members are those members practising other branches of professional surveying, which is the updated version of the present term “professional land surveying”. An individual is prohibited from practising cadastral surveying unless licensed, except if practising under the supervision and at the direction of a licensed member. There is no prohibition against the practice of other branches of professional surveying, but individuals who practise in those areas may apply to the Association for a certificate of registration. Individuals are prohibited from holding themselves out as registered members unless they hold a certificate of registration.

Businesses that provide professional surveying services to the public, other than cadastral surveying services, have the option of applying to the Association for a certificate of authorization. Currently under the Act, only businesses that provide cadastral surveying services to the public can obtain a certificate of authorization and businesses are prohibited from providing those services to the public unless they hold such a certificate. The criteria for obtaining a certificate of authorization are prescribed by the regulations made under the Act.

The Schedule amends the composition and duties of the Complaints Committee and the Discipline Committee and the procedures to be followed when matters are brought before these committees. The role of the Complaints Committee is confined to investigations of written complaints of possible professional misconduct or incompetence. The role of the Complaints Review Councillor is defined. The Discipline Committee is allowed to sit in panels to hear matters. Only the Council of the Association can refer matters to the Discipline Committee. Currently, the Registrar or other committees can refer matters to the Discipline Committee. Disciplinary hearings are no longer to be closed to the public, but the public can be excluded from the hearings in specified circumstances.

The Association is allowed to collect, use and disclose personal information for the purposes of carrying out its objects.

SCHEDULE 23
MINISTRY OF NORTHERN DEVELOPMENT, MINES AND FORESTRY

Ministry of Northern Development and Mines Act

The Bill amends the functions of the Ministry set out in the Act to include references to mineral resource and forestry development and management.

General

The Bill also amends a number of Acts to reflect the change of the Ministry from the Ministry of Northern Development and Mines to the Ministry of Northern Development, Mines and Forestry.

SCHEDULE 24
MINISTRY OF TOURISM

Historical Parks Act

Section 5 of the Act is amended to allow the Deputy Minister, instead of the Minister, to establish fees for entrance into a historical park.

Ministry of Tourism and Recreation Act

A new regulation-making power is added to section 12 of the Act to allow the Lieutenant Governor in Council to establish geographic boundaries of tourism regions.

Niagara Parks Act

Section 3 of the Act is amended to remove restrictions on the terms of persons appointed to the Niagara Parks Commission.

Ontario Place Corporation Act

Subsection 3 (2) of the Act is amended to remove the requirement that the Deputy Minister be a member of the board of directors of the Ontario Place Corporation. Clause 9 (1) (e) of the Act is amended to allow the Deputy Minister, instead of the Minister, to approve fees established by the Corporation for entrance into Ontario Place and connected services and facilities.

Retail Business Holidays Act, Tourism Act

The Schedule repeals the Tourism Act and amends the Retail Business Holidays Act to provide an exemption for tourist establishments from the requirement to close for holidays.

SCHEDULE 25
MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES

Ministry of Training, Colleges and Universities Act

Section 4 of the Act is amended to confirm the Minister’s inherent authority to appoint advisory committees or other consulting bodies. The English version of clause 13 (3) (b) is amended to refer to programs of study rather than courses of study, for consistency with the terminology used by post-secondary institutions themselves.

Ontario College of Trades and Apprenticeship Act, 2009

An incorrect cross-reference in subsection 74 (4) of the Act is corrected.

Ontario Colleges of Applied Arts and Technology Act, 2002

Section 4 of the Act is amended to prevent Part III (Regulations) of the Legislation Act, 2006 from applying to binding policy directives issued to colleges by the Minister.

Post-secondary Education Choice and Excellence Act, 2000

The French version of the Act is amended to make its terminology more accurate.

Private Career Colleges Act, 2005

Section 2 of the Act is amended to authorize the Superintendent, with the approval of the Minister, to delegate in writing any of his or her powers or duties under the Act to one or more persons employed in the Ministry. The Act is also amended to remove the express exclusion of schools maintained under another Act. Any schools that are intended to be excluded from the application of the Act can be expressly excluded by regulation made under the authority of paragraph 1 of subsection 55 (1) read with clause (e) of the definition of “private career college” in subsection 1 (1) or under the authority of paragraph 27 of subsection 55 (1).

SCHEDULE 26
MINISTRY OF TRANSPORTATION

Commuter Services Act

The Act is repealed.

Highway Traffic Act

The definition of “wheelchair” in subsection 1 (1) of the Act is updated.

Sections 26, 27, 28, 30 and 210 of the Act are updated to refer to a system of accessible parking and accessible parking permits, instead of disabled parking and disabled person parking permits. Consequential amendments are made to the City of Toronto Act, 2006 and the Municipal Act, 2001.

The French version of subsection 71.1 (6) of the Act is corrected.

Section 84 of the Act contains an offence that applies when a vehicle is operated on a highway while in such a dangerous or unsafe condition as to endanger any person. The section is amended by removing the stipulation that the vehicle’s condition be such as to endanger any person.

Subsections 109 (8.2), (8.3) and (9) of the Act, which have been of no effect since January 1, 1999, are repealed.

Section 194 of the Act, providing for service of notice or process on non-residents, and section 215 of the Act, governing driver improvement programs, are repealed.

Metrolinx Act, 2006

The French version of subsection 28 (2) of the Act is corrected.

Motorized Snow Vehicles Act

The Act requires every driver of a motorized snow vehicle to stop when approached by a motorized snow vehicle or motor vehicle with a flashing red light. Subsection 17 (1) of the Act is re-enacted to require drivers to also stop when approached by a motorized snow vehicle or motor vehicle with flashing red and blue lights, which may only be operated by a police officer.

The Act requires drivers of motorized snow vehicles to wear a helmet that complies with the regulations. Subsection 20 (1) of the Act is amended to add the requirement that the chin strap of a helmet be securely fastened.

Off-Road Vehicles Act

The French version of the definition of “occupier” in section 1 of the Act is corrected.

The Act requires every driver of an off-road vehicle to stop when approached by a vehicle with a flashing red light. Subsection 18 (1) of the Act is amended to require drivers to also stop when approached by an off-road vehicle with flashing red and blue lights, which may only be operated by a police officer.

Shortline Railways Act, 1995

The definition of “shortline railway” in the Act is re-enacted to exclude industrial railways and urban rail transit systems. Definitions for “industrial railway” and “urban rail transit system” are added to the Act.

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