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Explanatory Note

CHAPTER 26

An Act to reduce red tape, to promote good government through better management of Ministries and agencies and to improve
customer service by amending or repealing certain Acts and by enacting two new Acts

Assented to December 6, 2000

CONTENTS

1.

Enactment of Schedules

2.

Commencement

3.

Short title

Schedule A

Amendments proposed by the Ministry of the Attorney General

Schedule B

Amendments proposed by the Ministry of Consumer and Commercial Relations

Schedule C

Amendments proposed by the Ministry of Education

Schedule D

Amendments proposed by the Ministry of Energy, Science and Technology

Schedule E

Amendments proposed by the Ministry of the Environment

Schedule F

Environmental Review Tribunal Act, 2000

Schedule G

Amendments proposed by the Ministry of Finance

Schedule H

Amendments proposed by the Ministry of Health and Long-Term Care

Schedule I

Amendments proposed by the Ministry of Labour

Schedule J

Amendments proposed by Management Board Secretariat

Schedule K

Amendments proposed by the Ministry of Municipal Affairs and Housing

Schedule L

Amendments proposed by the Ministry of Natural Resources

Schedule M

Amendments proposed by the Ministry of Northern Development and Mines

Schedule N

Amendments and Repeal proposed by the Ministry of Training, Colleges and Universities

Schedule O

Amendments proposed by the Ministry of Transportation

Schedule P

Wine Content and Labelling Act, 2000

______________

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Enactment of Schedules

1. (1)  All the Schedules to this Act, other than Schedule F, are hereby enacted.

Schedule F

(2)  The Environmental Review Tribunal Act, 2000, as set out in Schedule F, is hereby enacted.

Schedule P

(3)  The Wine Content and Labelling Act, 2000, as set out in Schedule P, is hereby enacted.

Repeal

(4)  The Hunter Damage Compensation Act is repealed.

Commencement

2. (1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Schedules

(2)  The Schedules to this Act come into force as provided in the commencement section at or near the end of each Schedule.

Different dates for same Schedule

(3)  If a Schedule to this Act or any portion of a Schedule to this Act provides that it is to come into force on a day to be named by proclamation of the Lieutenant Governor, the proclamation may apply to the whole or any portion of the Schedule, and proclamations may be issued at different times as to any portion of the Schedule.

Short title

3. The short title of this Act is the Red Tape Reduction Act, 2000.

SCHEDULE A

AMENDMENTS AND REPEALS PROPOSED BY THE MINISTRY OF THE ATTORNEY GENERAL

CONTENTS

 

Section

 

Administration of Justice Act

1

Charities Accounting Act

The Chartered Accountants Act, 1956

2

3

Compensation for Victims of Crime Act

4

Courts of Justice Act

Dog Owners’ Liability Act

5

6

Evidence Act

7

Execution Act

Interpretation Act

8

9

Interprovincial Summonses Act

10

Ministry of the Attorney General Act

11

Professional Engineers Act

12

Provincial Offences Act

13

Public Guardian and Trustee Act

14

Trustee Act

15

Commencement

16

   
   
   

______________

Administration Of Justice Act

1.  Section 2 of the Administration of Justice Act is amended by striking out “ Despite any other Act” and substituting “Despite any other Act, but subject to Part X of the Provincial Offences Act”.

Charities Accounting Act

2.  (1)  Subsection 1 (1) of the Charities Accounting Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule and 1997, chapter 23, section 3, is repealed and the following substituted:

Notice of donation to be given to Public Guardian and Trustee

(1)  Where, under the terms of a will or other instrument in writing, real or personal property or any right or interest in it or proceeds from it are given to or vested in a person as executor or trustee for a religious, educational, charitable or public purpose, or are to be applied by the person for any such purpose, the person shall give written notice to,

(a) the person, if any, designated in the will or other instrument as the beneficiary or as the person to receive the gift from the executor or trustee; and

(b) the Public Guardian and Trustee, in the case of an instrument other than a will.

(2)  Subsection 1 (6) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 23, section 3, is repealed and the following substituted:

Copy of instrument

(6)  The notice shall be accompanied by a copy of the will or other instrument; in the case of a notice under clause (1) (b), the Public Guardian and Trustee may require a notarial copy.

(3)  Subclause 5.1 (2) (a) (i) of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule B, section 1, is repealed and the following substituted:

(i) executors and trustees referred to in subsection 1 (1).

(4)  The following provisions of the Act are amended by striking out “Public Trustee” wherever it appears and substituting in each case “Public Guardian and Trustee”:

1. Subsections 2 (1) and (2) and subsection 2 (3), as amended by the Statutes of Ontario, 1999, chapter 12, Schedule B, section 1.

2. Section 3, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule B, section 1.

3. Section 4, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule B, section 1.

4. Subsection 5 (4).

5. Subsections 6 (3), (4), (6) and (7).

6. Subsections 8 (2) and (3), subsection 8 (5), as amended by the Statutes of Ontario, 1999, chapter 12, Schedule B, section 1, and subsection 8 (7).

7. Subsections 10 (2), (3), and (4).

The Chartered Accountants Act, 1956

3.  (1)  Section 1 of The Chartered Accountants Act, 1956 is amended by adding the following clause:

(a.1) “firm” means a partnership or association of members who carry on the practice of public accounting or carry on related activities as defined by the council.

(2)  Section 3 of the Act is repealed and the following substituted:

Objects

3.  The objects of the Institute are,

(a) to promote and increase the knowledge, skill and proficiency of its members and students;

(b) to govern the members of the Institute and their firms;

(c) to establish, maintain and develop standards of qualification for members and students;

(d) to establish, maintain and develop standards of knowledge and skill among its members and students;

(e) to establish, maintain and develop standards of practice for members, students and firms;

(f) to establish, maintain and develop standards of professional ethics for members, students and firms;

(g) to regulate the practice, discipline and professional conduct of its members and students and of firms;

(h) to promote and protect the welfare and interest of the Institute and the accounting profession.

(3)  Section 4 of the Act is amended by adding the following subsections:

Committees

(2)  A committee established by the by-laws shall have the powers and duties set out in the by-laws.

Same

(3)  The council shall appoint the members of any committee established under the by-laws for the term and on the conditions that the council determines.

(4)  Section 5 of the Act is repealed and the following substituted:

Council

5.  (1)  The council shall consist of the following members:

1. Not more than 16 persons who are members of the Institute and who are elected by the members of the Institute as provided by its by-laws.

2. Four persons who are not members of the Institute or of the governing body of a self-regulating licensing body under any other Act and who are appointed by the Lieutenant Governor in Council for the term specified by the Lieutenant Governor in Council.

Qualifications and term of office of elected members

(2)  The elected members of the council shall have the qualifications required by the by-laws of the Institute and shall hold office for the term provided by those by-laws; they may be chosen and retired in rotation as set out in the by-laws.

Disqualification

(3)  A member of the council referred to in paragraph 1 of subsection (1) may be disqualified from sitting on the council under the conditions specified by the by-laws.

Transition

(4)  The members of the council who are in office on the day the Red Tape Reduction Act, 2000 receives Royal Assent shall remain in office until their successors are elected or appointed.

(5)  Section 6 of the Act is repealed and the following substituted:

Officers

6.  The council shall elect from among its members the officers specified by the by-laws of the Institute as elected officers and shall appoint the officers specified by those by-laws as appointed officers, including a registrar.

(6)  Section 8 of the Act is repealed and the following substituted:

By-laws

8.  (1)  The council may pass by-laws to carry out the objects of the Institute, including, without limiting the generality of the foregoing, by-laws,

(a) to provide for measures to ensure fair access to admission to membership, to approve the registration of students in accordance with the qualifications and conditions prescribed by the council, to prescribe standards of qualification and tests of competency, fitness and moral character for admission, and to establish committees to administer the prescribed requirements;

(b) to provide for the establishment and maintenance of classes, lectures, courses of study, systems of training, periods of service and examinations for students;

(c) to provide for the training and recognition of specialists;

(d) to prescribe standards of practice for members, students and firms;

(e) to provide for a practice inspection program and a committee to oversee its operation;

(f) to provide for rules of professional conduct;

(g) to provide for the exercise of disciplinary authority over members, students and firms, including the appointment of,

(i) a committee with power to receive and investigate complaints made against members, students and firms, to admonish members, students and firms, and to make and prosecute charges that a member, student or firm has breached a rule of professional conduct, and

(ii) a committee with power to conduct the formal hearing of charges made under subclause (i), to expel, readmit, suspend, suspend on an interim basis, fine, charge the costs of investigation and hearing, impose conditions of practice or impose any other appropriate penalty on a member, student or firm found guilty of breaching a rule of professional conduct;

(h) to provide for the appointment of an appeal committee with the power to hear appeals or conduct reviews of the decisions of a committee appointed under clause (a) or subclause (g) (ii), and to confirm, cancel or vary the decisions or to refer them back to the particular committee for reconsideration;

(i) to provide for mandatory professional liability insurance to be carried by members and firms in accordance with the prescribed terms and conditions;

(j) to prescribe fees payable to the Institute;

(k) to provide for the receipt, management and in-vestment of contributions, donations and bequests from members and others for benevolent and charitable purposes;

(l) to provide for affiliation with a university or college or with a corporation or association with similar or related objects.

Same

(2)  A by-law or an amendment to a by-law takes effect when passed by the council, but its continuance is subject to approval by the members of the Institute at their next annual meeting or at an earlier general meeting called to consider the by-law or amendment; the by-law or amendment shall not continue in effect unless approved by the members.

(7)  Section 11 of the Act is repealed and the following substituted:

Honorary members

11.  (1)  The members of the Institute who are present at a meeting may, by unanimous vote, elect a person to honorary membership in the Institute.

Same

(2)  Honorary membership does not entitle a person to vote at meetings of members or to be elected to the council.

(8)  Section 12 of the Act is repealed and the following substituted:

Designation

12.  (1)  A member of the Institute has the right to use the designation “Chartered Accountant”.

Initials

(2)  A Fellow of the Institute has the right to use the initials “F.C.A.” after his or her name, and an Associate of the Institute has the right to use the initials “A.C.A.” or “C.A.” after his or her name.

(9)  Subsections 13 (1), (2), (3) and (4) of the Act are repealed and the following substituted:

Prohibitions

(1)  No person who is not a member of the Institute shall,

(a) take or use the designation “Chartered Accountant” or the initials “F.C.A.”, “A.C.A.” or “C.A.”, alone or in combination with other words;

(b) take or use any other name, title, initials or description implying that the person is a chartered accountant;

(c) hold themselves out as a chartered accountant; or

(d) practise as and under the name of a chartered accountant.

(10)  Section 15 of the Act is repealed and the following substituted:

Register

15.  The registrar of the Institute shall keep a register listing firms as well as members and students of the Institute.

Compensation for Victims
of Crime Act

4.  (1)  Section 6 of the Compensation for Victims of Crime Act is repealed and the following substituted:

Limitation period for application

6.  An application for compensation shall be made within two years after the date of the injury or death but the Board, before or after the expiry of the two-year period, may extend the time for the further period it considers warranted.

(2)  Subsection 9 (1) of the Act is repealed and the following substituted:

Notice of hearing

(1)  When an application is referred under section 8 the Board shall fix a date, time and place for the hearing of the application and shall, at least 10 days before the hearing date, have notice of the date, time and place served on,

(a) the applicant;

(b) the Minister;

(c) the offender, if it is practicable to serve him or her; and

(d) any other person who appears to the Board to have an interest in the application.

(3)  Section 14 of the Act is repealed and the following substituted:

Interim compensation

14.  (1)  If it appears to the Board that the applicant will probably be awarded compensation, the Board may in its discretion order interim payments to the applicant in respect of support, medical expenses and funeral expenses.

Amount not recoverable

(2)  Interim payments to the applicant are not recoverable from him or her even if compensation is not awarded afterwards.

(4)  Subsection 17 (3) of the Act is amended by striking out “general welfare assistance or family benefits” and substituting “social assistance”.

(5)  Clause 19 (2) (b) of the Act is amended by striking out “$250,000” and substituting “$365,000”.

(6)  Section 26 of the Act is amended by adding the following subsection:

Right of subrogation

(5.1)  The Board is entitled to be reimbursed, out of any amount recovered by the applicant from the offender or any other party, for the amount of compensation awarded to the applicant.

Courts Of Justice Act

5.  Subsection 88 (2) of the Courts of Justice Act, as enacted by the Statutes of Ontario, 1997, chapter 23, section 5 and amended by 1996, chapter 25, section 9, is further amended by striking out “funds held by the Public Guardian and Trustee” and substituting “all functions performed by the Public Guardian and Trustee”.

Dog Owners’ Liability Act

6.  Sections 4 and 5 of the Dog Owners’ Liability Act are repealed and the following substituted:

Proceeding against owner of dog

4.  (1)  If it is alleged that a dog has bitten or attacked a person or domestic animal, a proceeding may be commenced against its owner and the proceeding is one to which Part IX of the Provincial Offences Act applies.

Interim order

(2)  When a proceeding has been commenced under subsection (1), the Ontario Court of Justice may, pending a determination of whether an order should be made under subsection (3) or pending an appeal of such an order, make an interim order requiring the owner to take measures specified in the interim order for the more effective control of the dog.

Final order

(3)  If, in a proceeding under subsection (1), the court finds that the dog has bitten or attacked a person or domestic animal, and the court is satisfied that an order is necessary for the protection of the public, the court may order,

(a) that the dog be destroyed in the manner specified in the order; or

(b) that the owner of the dog take the measures specified in the order for the more effective control of the dog.

Examples, measures for more effective control

(4)  Some examples of measures that may be ordered under subsection (2) or clause (3) (b) are:

1. Confining the dog to its owner’s property.

2. Restraining the dog by means of a leash.

3. Restraining the dog by means of a muzzle.

Automatic restraint order

(5)  If a dog whose destruction has been ordered under clause (3) (a) is not taken into custody immediately, the owner shall restrain the dog by means of a leash and muzzle until the dog is taken into custody.

Considerations

(6)  In exercising its powers to make an order under subsection (3), the court may take into consideration the following circumstances:

1. The dog’s past and present temperament and behaviour.

2. The seriousness of the injuries caused by the biting or attack.

3. Unusual contributing circumstances tending to justify the dog’s action.

4. The improbability that a similar attack will be repeated.

5. The dog’s physical potential for inflicting harm.

6. Precautions taken by the owner to preclude similar attacks in the future.

7. Any other circumstances that the court considers to be relevant.

Order to prohibit dog ownership

5.  When, in a proceeding under subsection 4 (1), the court finds that the dog has bitten or attacked a person or domestic animal, the court may make an order prohibiting the dog’s owner from owning another dog during a specified period of time.

Owner to prevent dogs from attacking

6.  The owner of a dog shall exercise reasonable precautions to prevent it from biting or attacking a person or domestic animal.

Offence

7.  A person who contravenes subsection 4 (5) or section 6 or contravenes an order made under subsection 4 (2) or (3) or section 5 is guilty of an offence and liable, on conviction, to a fine not exceeding $5,000.

Evidence Act

7.  (1)  Subsection 34.1 (5) of the Evidence Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule B, section 7, is repealed and the following substituted:

Application of best evidence rule

(5)  Subject to subsection (6), where the best evidence rule is applicable in respect of an electronic record, it is satisfied on proof of the integrity of the electronic record.

Same

(5.1)  The integrity of an electronic record may be proved by evidence of the integrity of the electronic records system by or in which the data was recorded or stored, or by evidence that reliable encryption techniques were used to support the integrity of the electronic record.

(2)  The following provisions of the Act are amended by striking out “Ontario Court (General Division)” wherever it appears and substituting in each case “Superior Court of Justice”:

1. Sections 38, 49 and 58.

2. Subsections 60 (1) and (2).

Execution Act

8.  (1)  Section 1 of the Execution Act, as amended by the Statutes of Ontario, 1999, chapter 6, section 24, is further amended by adding the following definition:

“prescribed amount” means the amount prescribed by the regulations made under section 35. (“somme prescrite”)

(2)  Section 2 of the Act is amended,

(a) by striking out “$1,000” in paragraph 1 and substituting “the prescribed amount or, if no amount is prescribed, $5,000”;

(b) by striking out “$2,000” in paragraph 2 and substituting “the prescribed amount or, if no amount is prescribed, $10,000”;

(c) by striking out “$2,000” in paragraph 3 and substituting “the prescribed amount or, if no amount is prescribed, $10,000”;

(d) by striking out “5,000” in paragraph 4 and substituting “the prescribed amount or, if no amount is prescribed, $25,000”; and

(e) by adding the following paragraph:

6. A motor vehicle not exceeding the prescribed amount or, if no amount is prescribed, $5,000 in value.

(3)  Subsection 3 (1) of the Act is amended by striking out “$2,000” wherever it appears and substituting in each case “the amount referred to in subsection (1.1)”.

(4)  Section 3 of the Act is amended by adding the following subsection:

Same

(1.1)  The amount for the purposes of subsection (1) is the prescribed amount or, if no amount is prescribed, $10,000.

(5)  Subsection 3 (2) of the Act is amended by striking out “$5,000” wherever it appears and substituting in each case “the amount referred to in subsection (4.1)”.

(6)  Section 3 of the Act is amended by adding the following subsection:

Same

(4.1)  The amount for the purposes of subsection (4) is the prescribed amount or, if no amount is prescribed, $25,000.

(7)  Subsection 8 (1) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.

(8)  Subsection 8 (2) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.

(9)  Subsection 22 (5) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.

(10)  Subsection 23 (1) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.

(11)  The Act is amended by adding the following section:

Regulations

35.  (1)  The Lieutenant Governor in Council may make regulations prescribing amounts for the purposes of paragraphs 1, 2, 3, 4 and 6 of section 2 and subsections 3 (1) and (2).

Five-year intervals

(2)  Regulations under subsection (1) may be made once in the year 2005 and once in each year thereafter that is divisible by five.

Change in Consumer Price Index
to be considered

(3)  In making a regulation under subsection (1), the Lieutenant Governor in Council shall consider the percentage change that has taken place in the Consumer Price Index for Canada for prices of all items since the last time amounts were determined for the purposes of paragraphs 1, 2, 3, 4 and 6 of section 2 and subsections 3 (1) and (2).

Interpretation Act

9.  The Interpretation Act is amended by adding the following section:

Immunity provisions

30.1  (1)  Where words referring to actions or other proceedings for damages are used in a provision excluding or limiting the liability of the Crown or any other person, third or subsequent party proceedings and proceedings for contribution and indemnity or restitution are included.

Transition

(2)  Subsection (1) applies in respect of proceedings commenced on or after October 4, 2000.

Interprovincial Summonses Act

10.  (1)  The definition of “summons” in section 1 of the Interprovincial Summonses Act is repealed and the following substituted:

“summons” means a summons or other document issued by a court, an agency, board or commission, or another person authorized to issue summonses, requiring a person within a province other than the one where the document is issued to attend as a witness at a trial, hearing or examination, to produce documents or other things or to testify before the issuing body or person. (“assignation”)

(2)  Subsection 2 (1) of the Act is amended by striking out “a summons from a court outside Ontario” in the portion before clause (a) and substituting “a summons issued in another province”.

(3)  Section 4 of the Act is amended by striking out “attend in the issuing court” and substituting “attend before the issuing body or person”.

(4)  Subsection 5 (1) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.

(5)  Sections 6 and 7 of the Act are repealed and the following substituted:

No submission to jurisdiction

6.  (1)  A person required, by a summons adopted by a court outside Ontario, to attend in Ontario before a court, an agency, board or commission, or another person authorized to issue summonses shall be deemed, while within Ontario for the purposes for which the summons was issued, not to have submitted to the jurisdiction of the issuing body or person in Ontario other than as a witness in the proceedings in which the person is summonsed.

Immunity

(2)  A person required to attend under subsection (1) shall be absolutely immune from seizure of goods, service of process, execution of judgment, garnishment, imprisonment or molestation of any kind relating to a legal or judicial right, cause, action, proceeding or process within the jurisdiction of the Legislature of Ontario except only those proceedings grounded on events occurring during or after the required attendance of the person in Ontario.

Order for additional witness fees and expenses

7.  (1)  A person who is required, by a summons adopted by a court outside Ontario, to attend in Ontario before a court, an agency, board or commission, or another person authorized to issue summonses, may request the issuing body or person in Ontario to order additional fees and expenses to be paid for attendance as a witness.

Disbursements in the cause

(2)  If the issuing body or person in Ontario is satisfied that the amount of fees and expenses previously paid to the person required to attend for the attendance is insufficient, it may order the party who obtained the summons to pay forthwith to the person required to attend those additional fees and expenses that it considers sufficient and amounts paid pursuant to an order made under this section are disbursements in the cause.

(6)  Schedule 1 to the Act is amended by striking out “in court” wherever it occurs.

(7)  Schedule 2 to the Act is repealed and the following substituted:

Certificate

I, ................................................. , a judge of the Superior

 

(name of judge)

Court of Justice certify that I have heard and examined

.......................................................................... who seeks

 

(name of applicant party or counsel)

to compel the attendance of ..............................................

 

(name of witness)

to produce documents or other articles or to testify, or both, in a proceeding in Ontario in the .................................

 

(name of body before which witness is to appear)

styled ................................................................................

 

(style of proceeding)

I further certify that I am persuaded that the appearance of .......................................................................................

 

(name of witness)

 
 

as a witness in the proceeding is necessary for the due adjudication of the proceeding, and, in relation to the nature and importance of cause or proceeding, is reasonable and essential to the due administration of justice in Ontario.

The Interprovincial Summonses Act makes the following provisions for the immunity of .........................................

 

(name of witness)

 

A person required, by a summons adopted by a court outside Ontario, to attend in Ontario before a court, an agency, board or commission, or another person authorized to issue summonses shall be deemed, while within Ontario for the purposes for which the summons was issued, not to have submitted to the jurisdiction of the issuing body or person in Ontario other than as a witness in the proceedings in which the person is summonsed.

 

A person required to attend shall be absolutely immune from seizure of goods, service of process, execution of judgment, garnishment, imprisonment or molestation of any kind relating to a legal or judicial right, cause, action, proceeding or process within the jurisdiction of the Legislature of Ontario except only those proceedings grounded on events occurring during or after the required attendance of the person in Ontario.

 
 

Dated this .................day of ..........., ....

(seal of the court) ..........................................

 

(signature of judge)

Ministry Of The Attorney General Act

11.  Section 8 of the Ministry of the Attorney General Act is repealed.

Professional Engineers Act

12.  Subsection 7 (1) of the Professional Engineers Act is amended by adding the following paragraph:

33. despite anything else in this Act, providing for the payment of start-up funding to the Ontario Society of Professional Engineers during the three-year period that begins on the day the Red Tape Reduction Act, 2000 receives Royal Assent, and specifying the amounts to be paid, the time and manner of payment, and the conditions to be met before each payment is made.

Provincial Offences Act

13.  (1)  Section 76.1 of the Provincial Offences Act, as enacted by the Statutes of Ontario, 1993, chapter 31, section 1, is amended by adding the following subsections:

Electronic copy

(1.1)  When a document is filed in paper form, an electronic copy may be retained instead of the paper original if there exists a reliable assurance as to the integrity of the information contained in the electronic copy.

Duty to ensure integrity

(1.2)  A person who makes, stores or reproduces an electronic copy of a document for the purposes of subsection (1.1) shall take all reasonable steps to ensure the integrity of the information contained in the electronic copy.

(2)  Subsection 76.1 (2) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 31, section 1, is amended by striking out “A printed copy of a document filed under subsection (1)” and substituting “A printed copy of a document filed under subsection (1) or retained under subsection (1.1)”.

(3)  Section 141 of the Act is amended by adding the following subsection:

Motion to continue proceeding

(2.1)  Where a notice referred to in subsection (1) is served in respect of an application, a person who is entitled to notice of the application under subsection 140 (2) may make a motion to the Superior Court of Justice for an order that a trial in the proceeding giving rise to the application may continue despite the application and the Court may make the order if it is satisfied that it is in the interests of justice to do so.

(4)  Section 175 of the Act, as enacted by the Statutes of Ontario, 1998, chapter 4, section 1, is amended by adding the following subsection:

Agreements among municipalities

(3)  Without limiting the generality of subsection (1), a municipality has the power to enter into and perform agreements in accordance with section 206.1 of the Municipal Act.

(5)  The following provisions of the Act are amended by striking out “Ontario Court (General Division)” wherever it appears and substituting in each case “Superior Court of Justice”:

1. Subsection 43 (4).

2. Section 105.

3. Clause 116 (2) (b).

4. Subsection 140 (1).

5. Subsections 141 (2), (4) and (5).

6. Subsection 142 (1).

7. Section 152.

8. Subsections 157 (3), (4), (5) and (6).

(6)  The following provisions of the Act are amended by striking out “Ontario Court (Provincial Division)” wherever it appears and substituting in each case “Ontario Court of Justice”:

1. Subsection 1 (1), definitions of “court” and “set fine”.

2. Subsection 29 (1).

3. Subsections 30 (2) and (3).

4. Subsection 91 (1).

5. Section 105.

6. Section 109, definition of “counsel”.

7. Clause 116 (2) (a).

8. Subsection 126 (1).

9. Subsection 135 (1).

10. Subsection 138 (2).

11. Subsection 139 (1).

12. Section 161.

Public Guardian And Trustee Act

14.  (1)  Subsection 5 (2) of the Public Guardian and Trustee Act, as enacted by the Statutes of Ontario, 1997, chapter 23, section 11, is amended by striking out “Accountant of the Ontario Court (General Division)” and substituting “Accountant of the Superior Court of Justice”.

(2)  Subsection 5 (3) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 23, section 11, is repealed and the following substituted:

Same

(3)  The Accountant of the Superior Court of Justice is an officer of that court.

(3)  Section 8 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 2, section 75 and amended by 1997, chapter 23, section 11, is further amended by adding the following subsections:

Reimbursement for expenses

(1.2)  The Public Guardian and Trustee is entitled to be reimbursed for expenses incurred by the Public Guardian and Trustee or his or her employees or agents in respect of services rendered and things done under this or any other Act.

. . . . .

Deduction of fees and expenses

(3.1)  The Public Guardian and Trustee may deduct fees and expenses from the money held for a person, estate or trust.

(4)  Paragraph 1 of subsection 8.1 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 23, section 11, is amended by striking out “Fees” and substituting “Fees and expenses”.

(5)  Section 14 of the Act, as amended by the Statutes of Ontario, 1992, chapter 32, section 25 and 1996, chapter 2, section 75, is further amended by adding the following clause:

(f) respecting the functions of the Accountant of the Superior Court of Justice, including, without limiting the generality of the foregoing,

(i) prescribing the officer or employee to whom money paid into the Superior Court of Justice shall be paid,

(ii) respecting money paid into court and governing its payment into and out of court,

(iii) governing the management and investment of money paid into court,

(iv) providing for the vesting of money paid into court and of any securities in which the money is invested,

(v) prescribing the officer or employee in whose name mortgages, securities, other instruments and other personal property taken under orders of the Superior Court of Justice and mortgages, securities, other instruments and other personal property taken as security in respect of a proceeding in that court shall be taken,

(vi) respecting the deposit and custody of mortgages, securities, other instruments and other personal property mentioned in subclause (v) and the duties, if any, that the officer or employee in whose name they are taken has in respect of them.

Trustee Act

15.  (1)  Subsection 36 (6) of the Trustee Act, as amended by the Statutes of Ontario, 1992, chapter 32, section 27 and 1994, chapter 27, section 43, is repealed and the following substituted:

Payment into court of money to which minor or
mentally incapable person entitled

(6)  If a minor or mentally incapable person is entitled to any money, the person by whom the money is payable may pay it into court to the credit of the minor or mentally incapable person.

Same

(6.1)  The payment shall be made to the Accountant of the Superior Court of Justice.

Accompanying affidavit, minor

(6.2)  If the person entitled to the money is a minor, the person by whom it is payable shall deliver an affidavit containing the following to the Accountant at the time of the payment into court:

1. A statement that the money is being paid into court under subsection (6).

2. A statement of the facts entitling the minor to the money.

3. If the affidavit deals with more than one minor beneficiary's entitlement, the amount of each individual entitlement.

4. If the amount being paid into court differs from an amount specified in a document that establishes the minor's entitlement, an explanation of the difference.

5. The minor’s date of birth.

6. The full name and postal address of,

i. the minor,

ii. the minor’s parents, or the parent with lawful custody if it is known that only one parent has lawful custody,

iii. any person, if known, who has lawful custody of the minor but is not his or her parent, and

iv. any guardian of property, if known, appointed under section 47 of the Children’s Law Reform Act.

Accompanying affidavit, mentally incapable person

(6.3)  If the person entitled to the money is a mentally incapable person, the person by whom it is payable shall deliver an affidavit containing the following to the Accountant at the time of the payment into court:

1. A statement that the money is being paid into court under subsection (6).

2. A statement of the facts entitling the mentally incapable person to the money.

3. The mentally incapable person’s date of birth.

4. The full name and postal address of,

i. the mentally incapable person,

ii. the mentally incapable person’s guardian of property, if any, under the Substitute Decisions Act, 1992,

iii. the person, if known, who holds a continuing power of attorney for property for the mentally incapable person.

Copy of document

(6.4)  An affidavit under subsection (6.2) or (6.3) shall have attached to it, as a schedule, a copy of any document that establishes,

(a) the person’s entitlement to the money;

(b) the amount to which the person is entitled;

(c) any conditions to be met before the person is entitled to receive the money, including, in the case of a minor, the attainment of a specified age.

Discharge

(6.5)  Payment into court in accordance with subsection (6), (6.2) or (6.3), as the case may be, and with subsection (6.4) is a sufficient discharge for the money paid into court.

(2)  The following provisions of the Act are amended by striking out “Ontario Court (General Division)” wherever it appears and substituting in each case “Superior Court of Justice”:

1. Subsection 5 (1).

2. Subsection 10 (1).

3. Section 11.

4. Section 12.

5. Subsections 13 (1) and (7).

6. Section 14.

7. Subsection 15 (1).

8. Section 19.

9. Subsection 23 (1).

10. Subsections 36 (1) and (4), as amended by the Statutes of Ontario, 1992, chapter 32, section 27.

11. Subsections 37 (1) and (6).

12. Subsection 53 (1).

13. Section 58.

14. Subsection 60 (1).

15. Subsection 61 (1).

16. Section 64.

(3)  Subsection 36 (2) of the Act is amended by striking out “Accountant of the Ontario Court” and substituting “Accountant of the Superior Court of Justice”.

Commencement

Commencement

16.  (1)  Subject to subsections (2) and (3), this Schedule comes into force on the day the Red Tape Reduction Act, 2000 receives Royal Assent.

Same

(2)  Subsection 4 (5) shall be deemed to have come into force on April 1, 2000.

Same

(3)  Subsection 7 (1) and subsections 8 (1), (2), (3), (4), (5), (6) and (11) come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE B
AMENDMENTS PROPOSED BY THE MINISTRY OF CONSUMER AND COMMERCIAL RELATIONS

CONTENTS

 
 

Section

 

Bailiffs Act

1

 

Boundaries Act

2

 

Business Corporations Act

3

 

Certification of Titles Act

4

 

Change of Name Act

5

 

Collection Agencies Act

6

 

Condominium Act, 1998

7

 

Consumer Reporting Act

Corporations Act

8

9

 

Costs of Distress Act

10

 

Land Registration Reform Act

11

 

Land Titles Act

Liquor Licence Act

12

13

 

Mortgages Act

14

 

Ontario New Home Warranties Plan Act

15

 

Personal Property Security Act

16

 

Registry Act

Repair and Storage Liens Act

17

18

 

Theatres Act

19

 

Commencement

20

 
     
     
     

______________

 

Bailiffs Act

1.  (1)  Section 4 of the Bailiffs Act is amended by striking out “a judge of the Ontario Court (General Division)” and substituting “the Minister”.

(2)  Section 4 of the Act is amended by adding the following subsections:

Application for consent

(2)  A person who applies for a consent mentioned in subsection (1) shall give notice of the application in the form and the manner and to the persons that the Minister specifies by order.

Not regulations

(3)  An order that the Minister makes under subsection (2) is not a regulation within the meaning of the Regulations Act.

Factors to consider

(4)  When granting a consent mentioned in subsection (1), the Minister shall consider the factors, if any, that are specified in the regulations.

(3)  The following provisions of the Act are amended by striking out “Ontario Court (General Division)” wherever it occurs and substituting in each case “Superior Court of Justice”:

1. Subsection 5 (1), as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 8.

2. Subsections 16.3 (2) and (6), as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 14.

(4)  Subsection 16 (2) of the Act is amended by striking out “Ontario Court” and substituting “Superior Court of Justice”.

(5)  Section 19 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 16, is further amended by adding the following clause:

(e) prescribing the factors that the Minister shall consider before granting a consent mentioned in subsection 4 (1).

(6)  Sections 8, 12 and 14 of Schedule E to the Red Tape Reduction Act, 1998 are repealed.

Boundaries Act

2.  (1)  Subsection 5 (2) of the Boundaries Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is further amended by striking out “Director of Land Registration” and substituting “Director”.

(2)  Subsection 21 (1) of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 19, is further amended by adding the following clause:

(c.1) prescribing the circumstances in which the Director may treat an application for confirmation of the location of boundaries as abandoned or withdrawn.

(3)  Subsection 21 (2) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 19, is repealed and the following substituted:

Forms

(2)  The Director may make regulations prescribing forms and providing for their use.

(4)  Subsection 19 (7) of Schedule E to the Red Tape Reduction Act, 1998 is repealed and the following substituted:

(7)  Despite subsection (2), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 21 (f) of the Act, as it read immediately before December 18, 1998, if,

(a) the Director of Land Registration makes a regulation under subsection 21 (2) of the Act, as enacted by subsection (3), that is inconsistent with those regulations; or

(b) the Director makes a regulation under subsection 21 (2) of the Act, as amended by subsection 2 (3) of Schedule B of the Red Tape Reduction Act, 2000, that is inconsistent with those regulations.

Business Corporations Act

3.  (1)  Clause 1 (6) (a) of the Business Corporations Act is amended by striking out “in respect of any of its securities a prospectus, statement of material facts or securities exchange take-over bid or issuer bid circular” at the beginning and substituting “in respect of any of its securities a prospectus or statement of material facts”.

(2)  Subsection 1 (6) of the Act is amended by striking out “that has fewer than fifteen security holders” in the portion after clause (b).

(3)  Subsection 14 (1) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 27, section 71, is amended by inserting “in Ontario” after “registered office”.

(4)  Section 20 of the Act, as re-enacted by the Statutes of Ontario 1999, chapter 12, Schedule F, section 3, is repealed and the following substituted:

Financial assistance by corporation

20.  (1)  A corporation may give financial assistance to any person for any purpose by means of a loan, guarantee or otherwise.

Disclosure

(2)  Subject to subsection (3), a corporation shall disclose to its shareholders all material financial assistance that it gives to,

(a) a shareholder, a beneficial owner of a share, a director, an officer or an employee of the corporation, an affiliate of the corporation, or an associate of any of them; or

(b) a person for the purpose of, or in connection with, the purchase of a share or a security convertible into or exchangeable for a share issued or to be issued by the corporation or an affiliate of the corporation.

Exception

(3)  A corporation is not required to disclose to its shareholders material financial assistance that it gives,

(a) to a person in the ordinary course of business if the lending of money is part of the corporation’s ordinary business;

(b) to a person on account of expenditures incurred or to be incurred on behalf of the corporation;

(c) to its holding body corporate if the corporation is a wholly owned subsidiary of the holding body corporate;

(d) to a subsidiary body corporate of the corporation; or

(e) to employees of the corporation or any of its affiliates in accordance with a plan for the purchase of shares of the corporation or any of its affiliates.

Extent of disclosure

(4)  The disclosure that a corporation is required to make under subsection (2) in respect of financial assistance shall include,

(a) a brief description of the financial assistance given, including its nature and extent;

(b) the terms on which the financial assistance was given; and

(c) the amount of the financial assistance initially given and the amount, if any, outstanding.

Time of disclosure

(5)  A corporation that is not an offering corporation shall make the disclosure by giving a notice to all shareholders no later than 90 days after giving the financial assistance.

Same, offering corporations

(6)  An offering corporation shall make the disclosure,

(a) in each management information circular that it is required to send to its shareholders in respect of the first annual meeting called and held after it gives the financial assistance and in respect of each annual meeting thererafter so long as the financial assistance remains outstanding; or

(b) in a financial statement that the directors are required to place before the shareholders under subsection 154 (1) at the first annual meeting called and held after it gives the financial assistance and at each annual meeting thereafter so long as the financial assistance remains outstanding.

Validity of contract

(7)  A contract made by a corporation in contravention of subsection (2), (3), (4), (5) or (6) may be enforced by or against the corporation.

(5)  Clause 104 (1) (a) of the Act is amended by inserting “or their attorney authorized in writing” before “entited to vote”.

(6)  Clause 104 (1) (b) of the Act is amended by inserting “or their attorney authorized in writing” before “entitled to vote”.

(7)  Subsection 181 (6) of the Act is repealed and the following substituted:

Time limit to Director’s authorization

(6)  The authorization of the Director for an application for continuance expires six months after the date of endorsement of the authorization unless, within the six-month period, the corporation is continued under the laws of the other jurisdiction.

(8)  Subsection 181.1 (5) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 17, section 30, is repealed and the following substituted:

Time limit to Director’s authorization

(5)  The authorization of the Director for an application for continuance expires six months after the date of endorsement of the authorization unless, within the six-month period, the corporation is continued under the Co-operative Corporations Act.

(9)  Subsection 186 (1) of the Act is repealed and the following substituted:

Definition, reorganization

(1)  In this section,

“reorganization” means a court order made under section 248, an order made under the Bankruptcy and Insolvency Act (Canada) or an order made under the Companies Creditors Arrangement Act (Canada) approving a proposal.

(10)  Subsection 188 (2) of the Act is amended by striking out “and to the Director” at the end of the portion before clause (a).

Certification of Titles Act

4.  (1)  The following provisions of the Certification of Titles Act are amended by striking out “Ontario Court (General Division)” wherever it occurs and substituting in each case “Superior Court of Justice”:

1. Subsection 6 (4), as amended by the Statutes of Ontario, 1993, chapter 27, Schedule.

2. Subsection 7 (2), as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 42.

3. Subsection 7 (3).

4. Subsection 8 (3), as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 43.

5. Subsections 8 (4) and 11 (5).

(2)  Subsection 20 (2) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 45, is repealed and the following substituted:

Forms

(2)  The Director may make regulations prescribing forms and providing for their use.

(3)  Subsection 45 (7) of Schedule E of the Red Tape Reduction Act, 1998 is repealed and the following substituted:

(7)  Despite subsection (2), the Lieutenant Governor in Council may by regulation revoke regulations made under clause 20 (d) of the Act, as that clause read immediately before December 18, 1998, if,

(a) the Director of Land Registration makes a regulation under subsection 20 (2) of the Act, as enacted by subsection (3), that is inconsistent with those regulations; or

(b) the Director makes a regulation under subsection 20 (2) of the Act, as amended by subsection 4 (2) of Schedule B of the Red Tape Reduction Act, 2000, that is inconsistent with those regulations.

Change of Name Act

5.  (1)  The definition of “court” in section 1 of the Change of Name Act is repealed and the following substituted:

“court” means the Ontario Court of Justice. (“tribunal”)

(2)  Subsection 3 (2) of the Act is amended by striking out “Within ninety days” and substituting “At any time”.

(3)  Subsections 11 (1), (2) and (3) of the Act are amended by striking out “Ontario Court (General Division)” wherever it occurs and substituting in each case “Superior Court of Justice”.

Collection Agencies Act

6.  The definition of “collector” in subsection 1 (1) of the Collection Agencies Act is repealed and the following substituted:

“collector” means a person employed, appointed or authorized by a collection agency to collect debts for the agency or to deal with or trace debtors for the agency. (“agent de recouvrement”)

Condominium Act, 1998

7.  (1)  The Condominium Act, 1998 is amended by adding the following section:

Dealing with title to real property

17.1  Nothing in this Act confers on the corporation the power to grant, transfer, lease, release, dispose of or otherwise deal with the title to any real property that the corporation does not own or any interest in real property where the corporation does not own the interest, unless this Act specifically confers the power on the corporation.

(2)  Section 18 of the Act is amended by adding the following subsection:

Interests in real property

(1.1)  The assets of the corporation do not include any real property that the corporation does not own or any interest in real property where the corporation does not own the interest.

(3)  Subsection 21 (1) of the Act is amended by striking out “or” at the end of clause (a), by adding “or” at the end of clause (b) and by adding the following clause:

(c) release an easement that is part of the common elements.

(4)  Subsection 21 (2) of the Act is amended by striking out “or transfer” in both places where it occurs and substituting in each case “transfer or release”.

(5)  The following provisions of the Act are amended by striking out “Ontario Court (General Division)” wherever it occurs and substituting in each case “Superior Court of Justice”:

1. Subsections 43 (8) and 60 (3).

2. Subsection 74 (5), clause 74 (6) (c), subsection 74 (8), clause 76 (1) (r) and subsection 79 (3).

(6)  Subsection 80 (10) of the Act, as re-enacted by subsection 80 (12) of the Act, is repealed and the following substituted:

Non-application

(10)  Sections 100, 101, 102, 114, 115 and 116 and Part VI of the Tenant Protection Act, 1997 do not apply to interim occupancy and monthly occupancy fees charged under this section.

(7)  The following provisions of the Act are amended by striking out “Ontario Court (General Division)” wherever it occurs and substituting in each case “Superior Court of Justice”:

1. Subsections 109 (1) and 113 (1).

2. Subsection 128 (1).

3. Subsections 130 (1), 131 (1), 133 (2), 134 (1) and 135 (1).

4. Subsections 149 (2), 150 (3), 152 (4) and 154 (5).

5. Subsection 173 (2).

Consumer Reporting Act

8.  (1)  Subsection 1 (1) of the Consumer Reporting Act, as amended by the Statutes of Ontario, 1999, chapter 6, section 12 and 1999, chapter 12, Schedule G, section 20, is further amended by adding the following definitions:

“credit repair” means the activities of a credit repairer; (“redressement de crédit”)

“credit repairer” means a person who provides, or holds oneself out, as providing services or goods that are intended to improve a consumer report, credit information, file or personal information, including a credit record, credit history or credit rating. (“redresseur de crédit ”)

(2)  Clause 12 (1) (c) of the Act is repealed and the following substituted:

(c) the name and, at the option of the consumer reporting agency, either the address or telephone number of every person on whose behalf the file has been accessed within the three-year period preceding the request.

(3)  The Act is amended by adding the following sections:

Advance payments prohibited

13.1  (1)  No credit repairer shall require or accept any payment or any security for payment, directly or indirectly, from or on behalf of a consumer unless the credit repairer causes a material improvement to the consumer report, credit information, file, personal information, credit record, credit history or credit rating of the consumer.

Security arrangement void

(2)  Every arrangement by which a credit repairer takes security in contravention of subsection (1) is void.

Contract

13.2  (1)  Before providing any credit repair services, a credit repairer,

(a) shall enter into a written contract that is signed by the parties, is dated and otherwise meets the requirements of this Act and the regulations;

(b) shall provide the consumer with a copy of the contract.

Enforceability

(2)  A contract that does not meet the requirements of this Act and the regulations is not enforceable in court.

Right to cancel contract

13.3  (1)  In addition to his or her rights under any other Act, a consumer may, without reason, cancel the contract by delivering a notice of cancellation to the credit repairer within five days after the date that the consumer receives the copy of the contract.

Means of giving notice

(2)  The notice of cancellation may be given by any means, including personal service, registered mail, electronic mail, courier or fax, that provides evidence of the date of cancellation.

Time of giving of notice

(3)  The notice of cancellation shall be deemed to have been given,

(a) on the day that it was sent, if it was given by personal service, registered mail, electronic mail, courier or fax;

(b) on the day that it was received, if it was given by any other means.

Demand

13.4  (1)  A credit repairer who receives a payment in contravention of section 13.1 shall, on the demand of the consumer, refund it to the consumer.

Same, security

(2)  A credit repairer who receives security for a payment in contravention of section 13.1 shall, on the demand of the person who provided the security, return it to the person.

Form of demand

(3)  A demand for a refund or for the return of security may be made orally, in writing or by any other means.

Time of receiving demand

(4)  A demand for a refund or for the return of security shall be deemed to have been received,

(a) on the day that it was sent, if it was made by personal service, registered mail, electronic mail, courier or fax; or

(b) on the day that it was made, if it was made orally to the credit repairer or in the form of an oral message left on a telephone answering device or system or left with a message service.

Time for compliance

(5)  A credit repairer shall make the refund or return of security within five days of receiving the demand.

Recovery of payment

13.5  (1)  If a credit repairer has received a payment in contravention of section 13.1, the consumer may recover it in full in a court of competent jurisdiction, whether or not a demand has been made.

Judgment

(2)  In a judgment for recovery under subsection (1), the court shall order that,

(a) the plaintiff recover the payment in full without any reduction for services or goods that the defendant may have provided to the plaintiff in respect of the payment;

(b) the defendant pay the costs of the proceeding, despite section 131 of the Courts of Justice Act.

Exemplary and punitive damages

(3)  In the judgment, the court may order exemplary or punitive damages.

Amount

(4)  The amount of exemplary or punitive damages shall be the lesser of,

(a) $1,000 or the amount of the payment under subsection (1) that the court orders the plaintiff may recover from the defendant, whichever amount is greater; and

(b) an amount that results in a judgment under this section that is equal to the monetary jurisdiction of the court.

Return of security

13.6  (1)  If a credit repairer has received security for a payment in contravention of section 13.1, the person who provided the security may obtain a judgment from a court of competent jurisdiction, whether or not the person has made a demand for the return of the security.

Judgment

(2)  Subject to subsection (3), in a judgment under subsection (1), the court shall order that the defendant return the security to the plaintiff without any compensation for services or goods that the defendant may have provided to the plaintiff in respect of the payment mentioned in subsection (1).

Same, no security

(3)  If the defendant has disposed of the security in whole or in part, the court shall order that the plaintiff recover from the defendant the monetary value of the security without any reduction for services or goods that the defendant may have provided to the plaintiff in respect of the payment mentioned in subsection (1).

Same, costs

(4)  In the judgment, the court shall order that the defendant pay the costs of the proceeding, despite section 131 of the Courts of Justice Act.

Exemplary damages

(5)  In the judgment, the court may order exemplary or punitive damages.

Amount

(6)  The amount of exemplary or punitive damages shall be the lesser of,

(a) $1,000 or the amount that the court orders, whichever amount is greater; and

(b) an amount that results in a judgment under this section that is equal to the monetary jurisdiction of the court.

Officers, directors

13.7  The officers and directors of a credit repairer that is a corporation are jointly and severally liable for the remedy in respect of which a person is entitled to commence proceedings against a credit repairer under section 13.5 or 13.6.

Advertising and solicitation

13.8  A credit repairer shall not communicate or cause to be communicated, by any means, any false, misleading or deceptive representation or any representation prescribed by the regulations as a prohibited representation.

(4)  Section 25 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 58, is further amended by adding the following clauses:

(l) prescribing the form and content of contracts between credit repairers and consumers;

(m) prescribing prohibited representations for the purpose of section 13.8.

Corporations Act

9.  Subsection 133 (2.1) of the Corporations Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 69, is repealed and the following substituted:

Exemption

(2.1)  Despite subsection (1), section 96.1 does not apply to a corporation referred to in subsection 1 (2) of the Charities Accounting Act.

Conditions for indemnification

(2.2)  Despite subsection (1), a corporation referred to in subsection 1 (2) of the Charities Accounting Act cannot provide the indemnification referred to in section 80 unless,

(a) the corporation complies with the Charities Accounting Act or a regulation made under that Act that permits the provision of an indemnification; or

b) the corporation or a director or officer of the corporation obtains a court order authorizing the indemnification.

Costs of Distress Act

10.  Section 86 of Schedule E to the Red Tape Reduction Act, 1998, which repeals the Costs of Distress Act on a day to be named by proclamation of the Lieutenant Governor, is repealed.

Land Registration Reform Act

11.  (1)  The definition of “Director” in section 1 of the Land Registration Reform Act is repealed and the following substituted:

“Director” means the Director of Titles appointed under subsection 9 (1) of the Land Titles Act. (“directeur”)

(2)  Section 1 of the Act is amended by adding the following definition:

“Director of Land Registration” means the Director of Land Registration appointed under subsection 6 (1) of the Registry Act. (“directeur de l'enregistrement des immeubles”)

(3)  Subsection 3 (5) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.

(4)  Subsection 16 (1) of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 99, is further amended by striking out “Director” and substituting “Director of Land Registration”.

(5)  The definition of “Director” in section 17 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 85, is repealed and the following substituted:

“Director” means the Director of Titles appointed under subsection 9 (1) of the Land Titles Act. (“directeur”)

(6)  Section 17 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 85, is amended by adding the following definition:

“Director of Land Registration” means the Director of Land Registration appointed under subsection 6 (1) of the Registry Act. (“directeur de l’enregistrement des immeubles”)

(7)  Subsections 23 (1) and (2) and 24 (1), section 25 and subsection 27 (1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 85, are amended by striking out “Director” wherever it occurs and substituting in each case “Director of Land Registration”.

(8)  Clauses 29 (c), (d), (e), (h), (i) and (k) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 85, are repealed.

(9)  The Act is amended by adding the following section:

Director of Land Registration

29.1  The Director of Land Registration may,

(a) provide for the locations in which the electronic records may be maintained;

(b) provide for the locations from which the electronic records may be accessed and the time and manner in which they may be accessed;

(c) authorize persons or classes of persons to search the electronic records and establish conditions and requirements for becoming an authorized person;

(d) authorize persons or classes of persons to submit documents in an electronic format and establish conditions and requirements for becoming an authorized person;

(e) authorize persons or classes of persons to deliver electronic documents by direct electronic transmission and establish conditions and requirements for becoming an authorized person;

(f) establish the manner in which persons who are authorized to deliver electronic documents by direct electronic transmission shall access the electronic land registration database and establish the manner in which authorization shall be assigned to them for that purpose.

Land Titles Act

12.  (1)  The definition of “court” in section 1 of the Land Titles Act is repealed and the following substituted:

“court”, except if the context otherwise requires, means the Superior Court of Justice. (“tribunal”)

(2)  Subsection 9 (1) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 107, is amended by striking out “Director of Land Registration” and substituting “Deputy Minister”.

(3)  Despite subsection (2), the Director of Titles in office immediately before that subsection comes into force shall continue in office until the Deputy Minister appoints a successor.

(4)  Subsection 14 (1) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 110, is repealed and the following substituted:

Examiner of surveys

(1)  There shall be an examiner of surveys whom the Deputy Minister shall appoint.

(5)  Despite subsection (4), the examiner of surveys in office immediately before that subsection comes into force shall continue in office until the Deputy Minister appoints a successor.

(6)  The following provisions of the Act are amended by striking out “Director of Land Registration” wherever it occurs and substituting in each case “Director of Titles”:

1. Subsection 14 (3), as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 110.

2. Subsection 32 (4), as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 121.

3. Subsection 32 (5), as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 121.

4. Subsections 56 (2), (3), (4), (5) and (6).

(7)  Section 123 of the Act is amended by striking out “upon receipt of an application in the prescribed form” and substituting “upon receipt of an application containing the evidence specified by the Director of Titles”.

(8)  Section 124 of the Act is amended by striking out “in the prescribed manner” and substituting “in the manner specified by the Director of Titles”.

(9)  Section 125 of the Act is amended by striking out “satisfactory evidence” and substituting “evidence specified by the Director of Titles”.

(10)  The following provisions of the Act are amended by striking out “Director of Land Registration” wherever it occurs and substituting in each case “Director of Titles”:

1. Subsection 141 (2), as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 153.

2. Subsection 141 (7), as amended by the Statutes of Ontario, 1993, chapter 27, Schedule and 1998, chapter 18, Schedule E, section 153.

(11)  The following provisions of the Act are amended by striking out “Director” wherever it occurs and substituting in each case “Director of Titles”:

1. Subsection 141 (3), as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 153.

2. Subsection 141 (4), as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 153.

(12)  Subsection 163 (2) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 157, is amended by striking out “Director of Land Registration” and substituting “Director of Titles”.

(13)  The Act is amended by adding the following section:

Withdrawal of land by Director

172.  (1)  The Director of Titles may withdraw land from this Act if, in the Director’s opinion, special circumstances appear or subsequently arise that make it inexpedient that the land should continue under this Act.

Notice

(2)  The Director of Titles shall notify all persons having a registered interest in the land of the withdrawal.

(14)  Subsections 121 (3) and (4) of Schedule E to the Red Tape Reduction Act, 1998 are repealed and the following substituted:

(3)  Despite subsection (2), regulations made under subsection 32 (4) of the Act, as it read immediately before December 18, 1998, continue until,

(a) the Director of Land Registration makes an order under subsection 32 (4) of the Act, as re-enacted by subsection (2), that is inconsistent with those regulations; or

(b) the Director makes an order under subsection 32 (4) of the Act, as amended by paragraph 2 of subsection 12 (6) of Schedule B to the Red Tape Reduction Act, 2000, that is inconsistent with those regulations.

(4)  Despite subsection (2), the Lieutenant Governor in Council may by regulation revoke regulations made under subsection 32 (4) of the Act, as it read immediately before December 18, 1998, if,

(a) the Director of Land Registration makes a regulation under subsection 32 (4) of the Act, as re-enacted by subsection (2), that is inconsistent with those regulations; or

(b) the Director makes a regulation under subsection 32 (4) of the Act, as amended by paragraph 2 of subsection 12 (6) of Schedule B to the Red Tape Reduction Act, 2000, that is inconsistent with those regulations.

(15)  Subsection 157 (4) of Schedule E to the Red Tape Reduction Act, 1998 is amended by striking out “or” at the end of clause (a), by adding “or” at the end of clause (b) and by adding the following clause:

(c) the Director makes a regulation under subsection 163 (2) of the Act, as amended by subsection 12 (12) of Schedule B to the Red Tape Reduction Act, 2000, that is inconsistent with those regulations.

Liquor Licence Act

13.  Subsection 17 (1) of the Liquor Licence Act, as re-enacted by the Statutes of Ontario, 1998, chapter 24, section 9, is repealed and the following substituted:

Transfer of licence

(1)  A person may apply to the Board for the transfer of a licence to sell liquor, a licence to deliver liquor or a licence to operate a brew on premise facility unless a proposal to revoke or suspend the licence has been issued.

Mortgages Act

14.  (1)  Section 4 of the Mortgages Act is amended by adding the following subsection:

Facsimile

(3)  For the purposes of this section, a true copy shall include a facsimile as defined in section 1 of the Land Titles Act.

(2)  The definition of “court” in subsection 12 (1) of the Act is repealed and the following substituted:

“court” means the Superior Court of Justice.

(3)  Paragraph 1 of subsection 31 (1) of the Act is amended by striking out “register of title” and substituting “parcel register”.

(4)  Subsection 31 (2) of the Act is repealed and the following substituted:

Interpretation

(2)  In subsection (1), the expressions “parcel register” and “abstract index” include instruments received for registration before the time specified on the day immediately before the day on which a notice of exercising the power of sale is given.

(5)  The following provisions of the Act are amended by striking out “Ontario Court (General Division)” wherever it occurs and substituting in each case “Superior Court of Justice”:

1. Subsections 39 (1) and 42 (1).

2. Subsection 50 (6), as enacted by the Statutes of Ontario, 1991, chapter 6, section 3.

3. Subsection 52 (1), as re-enacted by the Statutes of Ontario, 1997, chapter 24, section 215.

4. Subsection 54 (1), as enacted by the Statutes of Ontario, 1991, chapter 6, section 4.

Ontario New Home
Warranties Plan Act

15.  (1)  Section 5 of the Ontario New Home Warranties Plan Act is repealed and the following substituted:

Annual report

5.  (1)  The Corporation shall make a report annually to the Minister upon the affairs of the Corporation.

Tabling

(2)  The Minister shall,

(a) submit the report to the Lieutenant Governor in Council;

(b) lay the report before the Assembly if it is in session; and

(c) deposit the report with the Clerk of the Assembly if the Assembly is not in session.

Disclosure by Corporation

(3)  The Corporation may give a copy of its report under subsection (1) to other persons before the Minister complies with subsection (2).

(2)  The English version of subclause 14 (1) (b) (i) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 19, section 185, is repealed and the following substituted:

(i) the vendor has gone into bankruptcy, or

. . . . .

(3)  Subsection 14 (3) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 19, section 185, is amended by striking out “for the cost of the remedial work required to correct” in the portion before clause (a) and substituting “for damages resulting from”.

(4)  Clause 14 (3) (a) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 19, section 185, is amended by striking out “from a vendor”.

(5)  Subsection 19 (1) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.

Personal Property Security Act

16.  (1)  The following provisions of the Personal Property Security Act are amended by striking out “Ontario Court (General Division)” wherever it occurs and substituting in each case “Superior Court of Justice”:

1. Section 10, subclause 17 (4) (c) (ii) and subsections 18 (8) and (10).

2. Subsections 44 (13) and (14), as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 196.

3. Subsections 56 (5) and 60 (2), clause 63 (7) (e) and subsections 63 (8), 64 (4), 65 (5), 66 (3) and 67 (1).

4. Section 70, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 199.

5. Subsection 78 (9).

(2)  Clause 15 (a) of the Act is repealed and the following substituted:

(a) the law relating to the contract of sale governs the sale and any disclaimer, limitation or modification of the seller’s conditions and warranties; and

. . . . .

(3)  Clause 25 (1) (a) of the Act is repealed and the following substituted:

(a) continues as to the collateral, unless the secured party expressly or impliedly authorized the dealing with the collateral free of the security interest; and

. . . . .

(4)  Subsection 28 (3) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Same, purchasers of chattel paper

(3)  A purchaser of chattel paper who takes possession of it in the ordinary course of business and gives new value has priority over any security interest in it,

. . . . .

(5)  Subsection 41 (1) of the Act is repealed and the following substituted:

Registration system

(1)  A registration system, including a central office and branch offices, shall be maintained for the purposes of this Act and any other Act that provides for registration in the registration system.

(6)  Subsection 45 (4) of the Act is repealed and the following substituted:

Subsequent security agreements

(4)  Except where the collateral is consumer goods, one financing statement may perfect one or more security interests created or provided for in one or more security agreements between the parties, whether or not,

(a) the security interests or security agreements are part of the same transaction or related transactions; or

(b) the security agreements are signed by the debtor before the financing statement is registered.

(7)  Section 56 of the Act is amended by adding the following subsections:

Removal of collateral classifications

(2.1)  Where a financing statement is registered under this Act and the person named in the financing statement as the secured party has not acquired a security interest in any property within one or more of the collateral classifications indicated on the financing statement, the person named in the financing statement as the debtor may deliver a written notice to the person named as the secured party demanding a financing change statement referred to in section 49 to correct the collateral classifications by removing any collateral classification in which the person named as the secured party has not acquired a security interest; the person named as the secured party shall sign the financing change statement and give it to the person demanding it at the place set out in the notice.

Limiting the scope of collateral classifications

(2.2)  Where a financing statement is registered under this Act and where the person named in the financing statement as the secured party has not included words limiting the scope of the collateral classification within the meaning of subsection 46 (3) and has acquired a security interest only in particular property within the classification, the person named in the financing statement as the debtor may deliver a written notice to the person named as the secured party demanding a financing change statement referred to in section 49 to add words limiting the scope of the collateral classification.

Response of secured party

(2.3)  Upon receipt of a written notice under subsection (2.2), the person named in the financing statement as the secured party shall,

(a) sign the financing change statement described in subsection (2.2) and give it to the person demanding it at the place set out in the notice; or

(b) provide the person named as the debtor with a financing change statement referred to in section 49 to add a reference to the security agreement or agreements to which the financing statement relates, together with words limiting the scope of the collateral claimed to the collateral described in the security agreement or agreements.

Interpretation, security interest

(2.4)  For the purposes of subsections (2.1) and (2.2), a secured party is deemed to have acquired a security interest in property when the person named in the financing statement as the debtor is a party to an agreement that grants the secured party a security interest in present or after-acquired property of the debtor of like description or a present or future right to acquire a security interest in such property.

(8)  Subsection 56 (4) of the Act is repealed and the following substituted:

Failure to deliver

(4)  Where the secured party, without reasonable excuse, fails to deliver the financing change statement, or certificate of discharge or partial discharge, or all of them, as the case may be, required under subsection (1), (2), (2.1) or (2.2) within 10 days after receiving a demand for it, the secured party shall pay $500 to the person making the demand and any damages resulting from the failure; the sum and damages are recoverable in any court of competent jurisdiction.

(9)  Clause 63 (4) (b) of the Act is repealed and the following substituted:

(b) every person who is known by the secured party, before the date that the notice is served on the debtor, to be an owner of the collateral or an obligor who may owe payment or performance of the obligation secured, including any person who is contingently liable as a guarantor or otherwise of the obligation secured.

(10)  Subsection 63 (6) of the Act is repealed and the following substituted:

Date of giving notice

(6)  If the notice to the debtor under clause (4) (a) is mailed, sent by courier or by any other transmission provided for in section 68, then the relevant date for the purpose of clause (4) (b), subclause (4) (c) (ii) and clause (4) (d) shall be the date of mailing, the date that the notice was sent by courier or the date of transmission, as the case may be, and not the date of the service.

(11)  Subsection 65 (1) of the Act is amended by striking out “Part” and substituting “subsection”.

(12)  Subsection 65 (6) of the Act is repealed and the following substituted:

Foreclosure

(6)  If no effective objection is made, the secured party shall be deemed to have irrevocably elected to accept the collateral in full satisfaction of the obligation secured at the earlier of,

(a) the expiration of the 30-day period mentioned in subsection (3); and

(b) the time when the secured party received from each person entitled to notification under subsection (2) written consent to having the secured party retain the collateral in satisfaction of the obligation.

Effect of foreclosure

(6.1)  After the deemed election under subsection (6), the secured party is entitled to the collateral free from all rights and interests in it of any person entitled to notification under subsection (2) whose interest is subordinate to that of the secured party and who was served with the notice.

Registry Act

17.  (1)  Subsection 18 (6) of the Registry Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, 1998, chapter 18, Schedule E, section 216 and 1999, chapter 12, Schedule F, section 35, is further amended by adding the following paragraph:

17.1 General conveyances and transfers of assets of a corporation to another corporation.

(2)  The following provisions of the Act are amended by striking out “Director” wherever it occurs and substituting in each case “Director of Titles”:

1. Subsections 21 (2) and (4), as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 218.

2. Subsection 21 (3), as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 218.

3. Subsection 21 (7), as amended by the Statutes of Ontario, 1993, chapter 27, Schedule and 1998, chapter 18, Schedule E, section 218.

4. Section 32, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 225.

(3)  Section 34 of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.

(4)  Section 35 of the Act is repealed and the following substituted:

Execution of instrument

35.  (1)  If an instrument that is otherwise capable of registration is not duly executed, any person who is or claims to be interested in the registration of the instrument may make proof before a judge of the Superior Court of Justice of the execution of the instrument.

Registration

(2)  The instrument may be registered if a certificate in the prescribed form is endorsed on the instrument and signed by the judge.

(5)  The following provisions of the Act are amended by striking out “Ontario Court (General Division)” wherever it occurs and substituting in each case “Superior Court of Justice”:

1. Subsection 46 (1.1), as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 232.

2. Subsection 47 (1), as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 233.

3. Subsection 58 (2), clause 58 (3) (c) and subsections 61 (2), (5) and 88 (1).

(6)  The following provisions of the Act are amended by striking out “Director” wherever it occurs and substituting in each case “Director of Titles”:

1. Subsection 49 (1), as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 235.

2. Clauses 50 (1) (a) and (b), as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 236.

(7)  Subclauses 53 (1) (a) (i) and (ii) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 237, are repealed and the following substituted:

(i) in the case of a will that is not a holograph will,

(A) a statement by one of the subscribing witnesses to the will proving the due execution of it by the testator,

(B) a statement by a person well acquainted with the testator attesting to the signature of the testator on the will, or

(C) a notarial copy of a statement described in sub-subclause (A) or (B),

(ii) in the case of a holograph will,

(A) a statement by a person well acquainted with the testator attesting to the handwriting and the signature of the testator on the will, or

(B) a notarial copy of a statement described in sub-subclause (A), and

. . . . .

(8)  Subclause 53 (1) (a) (iii) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule F, section 37, is amended by adding the following paragraph:

1.1 A notarial copy of a statement described in paragraph 1.

(9)  Clauses 53 (1) (b) and (c) of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 237, are further amended by inserting in each case “the certificate of appointment of estate trustee with or without a will” after “the will annexed”.

(10)  The following provisions of the Act are amen-ded by striking out “Director” wherever it occurs and substituting in each case “Director of Titles”:

1. Clauses 56 (8) (a) and (b), as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 240.

2. Clauses 67 (2) (a) and (b), as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule F, section 38.

3. Clauses 67 (4) (a) and (b) and (5) (a) and (b), as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule F, section 38.

4. Clause 76 (2) (a), as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule F, section 39.

5. Subsection 76 (3).

6. Section 82, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 252.

7. Subsections 83 (3), 84 (1) and (2).

(11)  The heading immediately preceding section 97 of the Act is struck out and the following substituted:

Director and Director of Titles

(12)  Clause 97 (b) of the Act is repealed and the following substituted:

records

(b) see that the indexes and records are properly kept and that any original documents are properly stored.

(13)  Clause 97 (e) of the Act is repealed.

(14)  Clause 97 (f) of the Act is amended by adding at the end “if the directions relate to the powers and duties of the Director”.

(15)  The Act is amended by adding the following section:

Duties of Director of Titles

97.1  The Director of Titles shall,

(a) see that entries and registrations are made and certified in a proper manner;

(b) ascertain whether the proper plans required by this Act have been registered, and, where necessary, enforce the provisions of this Act as to the preparation and registration of those plans, and instruct the Crown Attorney to take proceedings for that purpose;

(c) direct the land registrar how and in what manner to do any particular act or amend or correct whatever the Director of Titles may find amiss, if the directions relate to the powers and duties of the Director of Titles; and

(d) perform the other duties that the Minister prescribes.

(16)  Sections 98 and 99 of the Act are repealed and the following substituted:

Powers

98.  (1)  If the Director or the Director of Titles, in the performance of duties under this Act, has occasion to make an inquiry or to determine any matter, that Director has the powers of a commission under Part II of the Public Inquiries Act.

Inquiry

(2)  That Part applies to the inquiry or determination as if it were an inquiry under that Act.

Information from land registrars

99.  Every land registrar shall transmit to the Director or the Director of Titles those particulars with reference to the business of the land registrar’s office that the Director or the Director of Titles, as the case may be, requires.

(17)  Subsections 100 (1) and (2) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 255, are amended by striking out “Director” wherever it occurs and substituting in each case “Director of Titles”.

(18)  Subsection 101.1 (1) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 256, is amended by striking out the portion before clause 1 and substituting the following:

Minister’s orders

(1)  Except with respect to matters for which the Director of Titles may make orders under section 100, the Minister may make orders,

. . . . .

(19)  Clause 101.1 (1) 1 of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 256, is amended by inserting “or the Director of Titles” after “Director”.

(20)  The following provisions of the Act are amended by striking out “Director” wherever it occurs and substituting in each case “Director of Titles”:

1. Subsection 102 (2), as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 257.

2. Section 102.1, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 257.

3. Subsections 108 (1) and (2), as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 262.

(21)  Subsection 257 (2) of Schedule E to the Red Tape Reduction Act, 1998 is amended by striking out “or” at the end of clause (a) and by adding the following clause:

(a.1) the Director of Titles makes a order under section 100 of the Act, as amended by paragraph 1 of subsection 17 (17) of Schedule B to the Red Tape Reduction Act, 2000, that is inconsistent with those regulations; or

. . . . .

(22)  Subsection 257 (3) of Schedule E to the Red Tape Reduction Act, 1998 is amended by striking out “or” at the end of clause (a) and by adding the following clause:

(a.1) the Director of Titles makes an order under section 100 of the Act, as amended by paragraph 1 of subsection 17 (17) of Schedule B to the Red Tape Reduction Act, 2000, that is inconsistent with those regulations; or

. . . . .

(23)  Subsection 257 (4) of Schedule E to the Red Tape Reduction Act, 1998 is amended by striking out “or” at the end of clause (a), by adding “or” at the end of clause (b) and by adding the following clause:

(c) the Director of Titles makes a regulation under subsection 102 (2) of the Act, as amended by paragraph 1 of subsection 17 (20) of Schedule B to the Red Tape Reduction Act, 2000, that is inconsistent with those regulations.

Repair and Storage Liens Act

18.  (1)  The following provisions of the Repair and Storage Liens Act are amended by striking out “Ontario Court (General Division)” wherever it occurs and substituting in each case “Superior Court of Justice”:

1. Section 13.

2. Subsection 17 (3).

(2)  Subsections 24 (1) and (2) of the Act are repealed and the following substituted:

Return of article when dispute

(1)  Where a claimant claims a lien against an article under Part I (Possessory Liens) and refuses to surrender possession of the article to its owner or any other person entitled to it and where one of the circumstances described in subsection (1.2) exists, the owner or other person lawfully entitled to the article may apply to the court in accordance with the procedure set out in this section to have the dispute resolved and the article returned.

Same, non-possessory lien

(1.1)  Where a claimant claims a lien against an article under Part II (Non-Possessory Liens), where the person who has possession of the article refuses to surrender it to its owner or any other person entitled to it and where one of the circumstances described in subsection (1.2) exists, the owner or other person lawfully entitled to the article may apply to the court in accordance with the procedure set out in this section to have the dispute resolved and the article returned.

Dispute

(1.2)  Subsection (1) or (1.1) applies if there is,

(a) a dispute concerning the amount of the lien of the lien claimant including any question relating to the quality of the repair, storage or storage and repair;

(b) in the case of a repair, a dispute concerning the amount of work that was authorized to be made to the article; or

(c) a dispute concerning the right of the lien claimant to retain possession of the article.

Respondents

(2)  The application shall name, as the respondents, the lien claimant and, in the case of a non-possessory lien, the person who has possession of the article.

Theatres Act

19.  (1)  The definition of “film” in section 1 of the Theatres Act is amended by adding at the end “and includes film that is used for advertising purposes”.

(2)  The definitions of “projection room” and “projectionist” in section 1 of the Act are repealed.

(3)  Clause 3 (7) (d) of the Act is repealed and the following substituted:

(d) to classify films in accordance with the classifications prescribed by the regulations.

(4)  Subsections 3 (9) and (10) of the Act are repealed and the following substituted:

Classifications prescribed by regulations

(9)  Films may be classified in accordance with the classifications prescribed by the regulations.

(5)  Clause 4 (2) (b) of the Act is repealed.

(6)  Subsections 19 (3) and (4) of the Act are repealed and the following substituted:

Prohibition on unaccompanied minors
to films in prescribed class

(3)  If a film classified in such class as may be prescribed by the regulations for the purposes of this subsection is about to be or is being exhibited in a theatre or other premises, no person shall grant admission, by sale of ticket or otherwise, to the theatre or other premises or give permission to remain in the theatre or other premises to the following persons, unless they are accompanied by a person who is apparently 18 years or more of age:

1. A minor apparently under the age prescribed by the regulations.

2. Another person apparently under 18 years of age.

Prohibition on admission of persons under 18
to films in prescribed class

(4)  No person shall grant admission, by sale of ticket or otherwise, to a theatre or other premises, or give permission to remain in a theatre or other premises where a film classified in such class as may be prescribed by the regulations for the purposes of this subsection is about to be or is being exhibited to a person apparently under 18 years of age.

(7)  Sections 23 and 24 of the Act are repealed.

(8)  Section 25 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 276, is repealed.

(9)  Sections 26 and 27 of the Act are repealed.

(10)  Section 28 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 277, is repealed.

(11)  Section 29 of the Act is repealed.

(12)  Section 30 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 278, is repealed.

(13)  Sections 31 and 32 of the Act are repealed.

(14)  Section 39 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 281, is repealed.

(15)  Section 46 of the Act is repealed.

(16)  Subsection 47 (1) of the Act is repealed and the following substituted:

Distribution of films

(1)  No film exchange or agent or employee of a film exchange shall distribute a film classified in such class as may be prescribed by the regulations for the purposes of this section to any person apparently under the age of 18 years.

(17)  Clauses 57.1 (a), (b) and (e) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 287, are repealed.

(18)  Paragraph 12 of subsection 60 (1) of the Act is repealed.

(19)  Subsection 60 (1) of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 288, is further amended by adding the following paragraph:

17.1 prescribing classifications of films, including for the purposes of subsections 19 (3) and (4) and of subsection 47 (1), and prescribing the age of a minor for the purposes of subsection 19 (3).

(20)  Paragraph 19 of subsection 60 (1) of the Act is amended by striking out “regulating and governing the conduct of projectionists or other persons” at the beginning and substituting “regulating and governing the conduct of persons”.

(21)  Paragraph 23 of subsection 60 (1) of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 288, is repealed.

(22)  Paragraph 24 of subsection 60 (1) of the Act is repealed.

(23)  Paragraph 34 of subsection 60 (1) of the Act is amended by striking out “3, 33 and 39” and substituting “3 and 33”.

Commencement

Commencement

20.  (1)  Subject to subsections (2) to (12), this Schedule comes into force on the day the Red Tape Reduction Act, 2000 receives Royal Assent.

Amendments to Change of Name Act

(2)  Subsection 5 (2) comes into force on a day to be named by proclamation of the Lieutenant Governor.

Amendments to Condominium Act, 1998

(3)  Subsections 7 (1) to (4) and paragraph 1 of subsection 7 (5) come into force on the later of the day the Red Tape Reduction Act, 2000 receives Royal Assent and the day Part IV of the Condominium Act, 1998 comes into force.

Same

(4)  Paragraph 2 of subsection 7 (5) and subsection 7 (6) come into force on the later of the day the Red Tape Reduction Act, 2000 receives Royal Assent and the day Part V of the Condominium Act, 1998 comes into force.

Same

(5)  Paragraph 1 of subsection 7 (7) comes into force on the later of the day the Red Tape Reduction Act, 2000 receives Royal Assent and the day Part VI of the Condominium Act, 1998 comes into force.

Same

(6)  Paragraph 2 of subsection 7 (7) comes into force on the later of the day the Red Tape Reduction Act, 2000 receives Royal Assent and the day Part VIII of the Condominium Act, 1998 comes into force.

Same

(7)  Paragraph 3 of subsection 7 (7) comes into force on the later of the day the Red Tape Reduction Act, 2000 receives Royal Assent and the day Part IX of the Condominium Act, 1998 comes into force.

Same

(8)  Paragraph 4 of subsection 7 (7) comes into force on the later of the day the Red Tape Reduction Act, 2000 receives Royal Assent and the day Part XI of the Condominium Act, 1998 comes into force.

Same

(9)  Paragraph 5 of subsection 7 (7) comes into force on the later of the day the Red Tape Reduction Act, 2000 receives Royal Assent and the day Part XIII of the Condominium Act, 1998 comes into force.

Amendments to Corporations Act

(10)  Section 9 shall be deemed to have come into force on March 1, 1999.

Amendments to Ontario New Home Warranties Plan Act

(11)  Subsections 15 (2), (3) and (4) come into force on the later of the day the Red Tape Reduction Act, 2000 receives Royal Assent and the day subsection 185  (1)  of the Condominium Act, 1998 comes into force.

Amendments to Theatres Act

(12)  Section 19 comes into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE C

AMENDMENTS AND REPEALS PROPOSED BY THE MINISTRY OF EDUCATION

Education Act

1.  Subsection 17.1 (1) of the Education Act, as enacted by the Statutes of Ontario, 1993, chapter 41, section 2, is amended by striking out “eighteen” and substituting “20”.

Commencement

Commencement

2.  This Schedule comes into force on the day the Red Tape Reduction Act, 2000 receives Royal Assent.

SCHEDULE D

AMENDMENTS PROPOSED BY THE MINISTRY OF ENERGY, SCIENCE AND TECHNOLOGY

Electricity Act, 1998

1.  (1)  The Electricity Act, 1998 is amended by adding the following section:

Statutory powers of decision

35.1  The powers of the Board to make orders under sections 33, 34 and 35 shall be deemed to be statutory powers of decision for the purpose of the Statutory Powers Procedure Act.

(2)  Subsection 36 (8) of the Act is repealed.

(3)  Subsection 37 (3) of the Act is amended by striking out “to produce documents” and substituting “to produce documents, records and other things”.

(4)  Section 37 of the Act is amended by adding the following subsections:

Copies

(4.1)  On giving a receipt, the Panel may remove documents, records or other things produced pursuant to an order under subsection (3) for the purpose of making copies or extracts and shall promptly return them to the person who produced them.

Documents in electronic form

(4.2)  If a document, record or other thing is kept in electronic form, the Panel may require that a copy of it be provided to the Panel on paper or in a machine-readable medium or both.

(5)  Subsection 37 (9) of the Act is amended by striking out “photocopy” and substituting “copy”.

Ontario Energy Board Act, 1998

2.  (1)  Subsection 17 (2) of the Ontario Energy Board Act, 1998 is repealed and the following substituted:

Same

(2)  All licences issued by the director shall be signed by the director and sealed with the seal of the Board and when purporting to be so signed and sealed, shall be judicially noticed without further proof.

Non-application

(3)  The Regulations Act does not apply to the orders made or licences issued by the Board or the director.

(2)  Subsection 21 (3) of the Act is repealed.

(3)  Subsections 44 (5) and (6) of the Act are repealed and the following substituted:

Exemption

(5)  A rule may authorize the Board to grant an exemption to it.

Same

(6)  An exemption or a removal of an exemption,

(a) may be granted or made in whole or in part; and

(b) may be granted or made subject to conditions or restrictions.

(4)  Subsection 53 (9) of the Act is repealed.

(5)  The English version of clause 76 (c) of the Act is amended by striking out “terms” and substituting “conditions”.

(6)  Subsection 77 (6) of the Act is repealed.

(7)  Subsections 78 (1) and (2) of the Act are repealed and the following substituted:

Order re: transmission of electricity

(1)  No transmitter shall charge for the transmission of electricity except in accordance with an order of the Board, which is not bound by the terms of any contract.

Order re: distribution of electricity

(2)  No distributor shall charge for the distribution of electricity or for meeting its obligations under section 29 of the Electricity Act, 1998 except in accordance with an order of the Board, which is not bound by the terms of any contract.

(8)  Subsection 110 (2) of the Act is amended by striking out “photocopy” and substituting “copy”.

(9)  Subsection 110 (3) of the Act is amended by striking out “photocopy” in the portion before clause (a) and substituting “copy”.

(10)  Section 112 of the Act is amended by striking out “photocopy” and substituting “copy”.

(11)  Section 123 of the Act is amended by adding the following subsection:

Documents in electronic form

(2.1)  If a document or other thing is kept in electronic form, the investigator may require that a copy of it be provided to him or her on paper or in a machine-readable medium or both.

(12)  The Act is amended by adding the following section:

Giving notices

125.1  (1)  Notice under subsection 53 (1), 58 (2), 75 (2) or 77 (1) is sufficiently served or given if,

(a) it is delivered personally to the person, to another person at the person’s latest address known to the Board, or to the person’s agent for service;

(b) it is sent by registered mail addressed to the person at the person’s latest address known to the Board; or

(c) it is sent by registered mail addressed to the person’s agent for service at the agent’s latest address known to the Board.

Same

(2)  Notice sent by registered mail in accordance with subsection (1) shall be deemed to have been served or given on the fifth day after the day of mailing unless the person to whom the notice is sent establishes that, acting in good faith, the person did not receive the notice, or did not receive the notice until a later date, through
absence, accident, illness or other cause beyond the person’s control.

(13)  The Act is amended by adding the following section:

Admissibility in evidence of certified statements

126.1  A statement as to,

(a) the licensing or non-licensing of any person;

(b) the filing or non-filing of any document, material or information with the Board or the director;

(c) the date the facts upon which a proceeding is based first came to the knowledge of the Board; or

(d) any other matter pertaining to such licensing, non-licensing, filing or non-filing,

purporting to be certified by the director, is, without proof of the office or signature of the director, admissible in evidence in any prosecution or other proceeding as proof, in the absence of evidence to the contrary, of the facts stated.

(14)  Clause 127 (1) (b) of the Act is amended by striking out “or other charges”.

Commencement

Commencement

3.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Red Tape Reduction Act, 2000 receives Royal Assent.

Same

(2)  Subsections 1 (3), (4) and (5) come into force on the later of,

(a) the day the Red Tape Reduction Act, 2000 receives Royal Assent; and

(b) the day subsection 37 (3) of Schedule A to the Energy Competition Act, 1998 comes into force.

SCHEDULE E

AMENDMENTS PROPOSED BY THE
MINISTRY OF THE ENVIRONMENT

Capital Investment Plan Act, 1993

1.  (1)  Subsection 3 (3) of the Capital Investment Plan Act, 1993 is amended by striking out “Minister of Environment and Energy” and substituting “Minister of the Environment”.

(2)  The definition of “Minister” in section 48 of the Act is repealed and the following substituted:

“Minister” means the Minister of the Environment. (“ministre”)

(3)  Subsection 50 (1) of the Act is amended by striking out “Ministry of Environment and Energy” and substituting “Ministry of the Environment”.

Environmental Assessment Act

2.  (1)  The definitions of “Minister” and “Ministry” in subsection 1 (1) of the Environmental Assessment Act, as re-enacted by the Statutes of Ontario, 1996, chapter 27, section 1, are repealed and the following substituted:

“Minister” means the Minister of the Environment; (“ministre”)

“Ministry” means the Ministry of the Environment. (“ministère”)

(2)  Section 6 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 27, section 3, is amended by adding the following subsections:

Public notice

(3.1)  The proponent shall give public notice of the proposed terms of reference and shall do so by the prescribed deadline and in the manner required by the Director.

Same

(3.2)  The public notice must indicate where and when members of the public may inspect the proposed terms of reference and state that they may give their comments about the proposed terms of reference to the Ministry. It must also contain such other information as may be prescribed or as the Director may require.

Notice to clerk of a municipality

(3.3)  The proponent shall give the information contained in the public notice to the clerk of each municipality in which the undertaking is to be carried out and shall do so by the deadline for giving the public notice.

Notice to other persons

(3.4)  The proponent shall give the information contained in the public notice to such other persons as the Director may require and shall do so by the deadline for giving the public notice.

Public inspection

(3.5)  Any person may inspect the proposed terms of reference in the places and at the times set out in the public notice.

Comments

(3.6)  Any person may comment in writing on the proposed terms of reference to the Ministry and, if the person wishes the comments to be considered by the Minister in deciding whether to approve the proposed terms of reference, shall submit the comments by the prescribed deadline.

(3)  Subsection 6 (4) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 27, section 3, is repealed and the following substituted:

Approval

(4)  The Minister shall approve the proposed terms of reference, with any amendments that he or she considers necessary, if he or she is satisfied that an environmental assessment prepared in accordance with the approved terms of reference will be consistent with the purpose of this Act and the public interest.

(4)  The French version of subsection 6.4 (2) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 27, section 3, is amended by striking out “avant la date limite prescrite” and substituting “au plus tard à la date limite prescrite”.

(5)  The French version of subsection 7 (7) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 27, section 3, is amended by striking out “au plus tard à la date limite” and substituting “avant la date limite”.

(6)  Section 11.2 of the Act, as enacted by the Statutes of Ontario, 1996, chapter 27, section 3, is amended by adding the following subsection:

Same; s. 9.2

(1.1)  The Minister may review a decision of the Tribunal under section 9.2 and may make an order or give a notice described in subsection (2) at any time before the Minister decides the application under section 9.

(7)  Clause 11.2 (2) (c) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 27, section 3, is repealed and the following substituted:

(c) by a notice to the Tribunal,

(i) require the Tribunal to hold a new hearing respecting all or part of the application and reconsider its decision, if the notice is given under subsection (1), or

(ii) require the Tribunal to hold a new hearing respecting all or part of the matter referred to the Tribunal under section 9.2 and reconsider its decision, if the notice is given under subsection (1.1).

(8)  Clause 28 (b) of the Act is repealed and the following substituted:

(b) invalidating any document issued contrary to subsection 12.2 (2) or (6),

. . . . .

Environmental Protection Act

3.  (1)  Subsection 102 (2) of the Environmental Protection Act, as enacted by the Statutes of Ontario, 1997, chapter 7, section 2, is amended by striking out “Minister of Environment and Energy” and substituting “Minister of the Environment”.

(2)  The French version of subsection 180 (1) of the Act is amended by striking out “ou contre ce membre ou cet agent provincial” and substituting “de ce membre ou de cet agent provincial”.

Municipal Water and Sewage
Transfer Act, 1997

4.  (1)  The definition of “Minister” in subsection 1 (1) of the Municipal Water and Sewage Transfer Act, 1997 is repealed and the following substituted:

“Minister” means the Minister of the Environment. (“ministre”)

(2)  Section 14 of the Act is amended by striking out “Ministry of Environment and Energy” and substituting “Ministry of the Environment”.

Ontario Water Resources Act

5.  The definitions of “Minister” and “Ministry” in section 1 of the Ontario Water Resources Act, as re-enacted by the Statutes of Ontario, 1993, chapter 23, section 73, are repealed and the following substituted:

“Minister” means the Minister of the Environment; (“ministre”)

“Ministry” means the Ministry of the Environment. (“ministère”)

Commencement

Commencement

6.  This Schedule comes into force on the day the Red Tape Reduction Act, 2000 receives Royal Assent.

SCHEDULE F

ENVIRONMENTAL REVIEW
TRIBUNAL ACT, 2000

Environmental Review Tribunal

1.  (1)  The Environmental Assessment Board and the Environmental Appeal Board are amalgamated and continued as a tribunal known in English as the Environmental Review Tribunal and in French as Tribunal de l’environnement.

Composition of Tribunal

(2)  The Tribunal shall be composed of not fewer than five persons who shall be appointed by the Lieutenant Governor in Council.

Same

(3)  None of the members of the Tribunal shall be members of the public service in the employ of the Ministry of the Environment.

Chair and vice-chairs

(4)  The Lieutenant Governor in Council shall designate a chair and one or more vice-chairs from among the members of the Tribunal.

Acting chair

(5)  In the case of the absence or inability to act of the chair or of there being a vacancy in the office of the chair, a vice-chair shall act as and have all the powers of the chair and, in the absence of the chair and vice-chair or vice-chairs from any meeting of the Tribunal, the members of the Tribunal present at the meeting shall appoint an acting chair who shall act as and have all the powers of the chair during the meeting.

Remuneration

(6)  The members of the Tribunal shall be paid such remuneration and expenses as are determined by the Lieutenant Governor in Council.

Employees

2.  A secretary of the Tribunal and such other employees as are necessary to carry out the duties of the Tribunal shall be appointed under the Public Service Act.

Joint sittings

3.  The Tribunal may sit jointly either within or outside Ontario with any tribunal established under the law of another jurisdiction.

Quorum

4.  (1)  Three members of the Tribunal constitute a quorum.

One or two members

(2)  The chair or a vice-chair may in writing authorize one or two members of the Tribunal to hear and determine any matter and, for that purpose, the member or members have all the jurisdiction and powers of the Tribunal.

Participation in decision

5.  Only members who are present throughout the hearing of a matter shall participate in making the Tribunal’s decision about it.

Expert assistance

6.  The Tribunal may appoint from time to time one or more persons having technical or special knowledge of any matter to inquire into and report to the Tribunal and to assist the Tribunal in any capacity in respect of any matter before it.

Tribunal may appoint class
representative

7.  For the purpose of a proceeding before the Tribunal, the Tribunal may appoint from among a class of parties to the proceeding having, in the opinion of the Tribunal, a common interest, a person to represent that class in the proceeding, but any other member of the class for which such appointment was made may, with the consent of the Tribunal, take part in the proceeding despite the appointment.

Testimony by member, employee or appointee of Tribunal

8.  No member, employee or appointee of the Tribunal shall be required to give testimony in any proceeding with regard to information obtained by him or her in the discharge of duties as a member, employee or appointee of the Tribunal.

Inspection of premises

9.  (1)  For the purposes relevant to the subject-matter of a hearing, the Tribunal, its employees and appointees may enter and inspect any land or premises other than a dwelling at any reasonable time.

Identification

(2)  On the request of an owner or occupier of the land or premises, a person who exercises a power conferred under subsection (1) shall identify himself or herself and shall explain the purpose of the entry.

COMPLEMENTARY AMENDMENTS

Consolidated Hearings Act

10.  (1)  The definition of “establishing authority” in section 1 of the Consolidated Hearings Act is amended by striking out “Environmental Assessment Board” and substituting “Environmental Review Tribunal”.

(2)  The definition of “Hearings Registrar” in section 1 of the Act is repealed and the following substituted:

“Hearings Registrar” means the secretary of the Environmental Review Tribunal. (“registrateur des audiences”)

(3)  Subsection 4 (1) of the Act is amended by striking out “Environmental Assessment Board” and substituting “Environmental Review Tribunal”.

(4)  Subsection 4 (2) of the Act is amended by striking out “Environmental Assessment Board” and substituting “Environmental Review Tribunal”.

(5)  Subsection 4 (3) of the Act is amended by striking out “a vice-chair of the board” and substituting “a vice-chair”.

(6)  Subsection 4 (4) of the Act is amended by striking out “Environmental Assessment Board” and substituting “Environmental Review Tribunal”.

(7)  Subsection 4 (8) of the Act is amended by striking out “Environmental Assessment Board” and substituting “Environmental Review Tribunal”.

(8)  Subsection 13 (4) of the Act is amended by striking out “Environmental Assessment Board” and substituting “Environmental Review Tribunal”.

(9)  Subsection 16 (1) of the Act is repealed.

Environmental Assessment Act

11.  (1)  The definition of “Board” in subsection 1 (1) of the Environmental Assessment Act is repealed.

(2)  Subsection 1 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule and 1996, chapter 27, section 1, is further amended by adding the following definition:

“Tribunal” means the Environmental Review Tribunal. (“Tribunal”)

(3)  Subsection 11 (1) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 27, section 3, is amended by striking out “(other than the Board)” and substituting “(other than the Environmental Review Tribunal)”.

(4)  Subsection 11 (7) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 27, section 3, is amended by striking out “The Board may” and substituting “The Tribunal may”.

(5)  Part III of the Act is repealed and the following substituted:

PART III

TRIBUNAL PROCEEDINGS

Application

18.  This Part applies to proceedings before the Tribunal under this Act.

Parties

19.  (1)  The parties to a proceeding with respect to an application are the proponent or applicant, any person who under subsection 7.2 (3) requests the Minister to refer the application to the Tribunal, such other persons as the Tribunal considers have an interest in the application and such other persons as the Tribunal may specify having regard to the purpose of this Act.

Public notice of hearing

(2)  The Tribunal shall give notice of its hearing to the public in such manner as the Minister may direct and to such other persons as the Minister may require.

Minister entitled to take part in proceedings

(3)  The Minister is entitled, by counsel or otherwise, to take part in proceedings before the Tribunal.

Hearings

20.  (1)  The Tribunal may render a decision without a hearing and may do so even though a matter is referred for hearing and decision.

Validity of decision

(2)  A decision of the Tribunal is not invalid solely on the ground that a matter was not addressed by testimony at a hearing.

Costs

21.  (1)  The Tribunal may award the costs of a proceeding before it.

Payment

(2)  The Tribunal may order to whom and by whom the costs are to be paid.

Assessment

(3)  The Tribunal may fix the amount of the costs or direct that the amount be assessed and it may direct the scale according to which they are to be assessed and by whom they are to be assessed.

Considerations not limited

(4)  In awarding costs, the Tribunal is not limited to the considerations that govern awards of costs in any court.

Application

(5)  This section applies despite sections 17.1 and 32 of the Statutory Powers Procedure Act.

Notice of decision

22.  The Tribunal shall give a copy of its decision on an application to the Minister, the parties, each person who submits comments under subsection 7.2 (2), any person appointed under section 7 of the Environmental Review Tribunal Act, 2000 and the clerk of each municipality in which the undertaking is to be carried out.

Procedure

23.  Except as otherwise provided in this Act, the Statutory Powers Procedure Act applies to the proceedings of the Tribunal.

Decisions final

23.1  Subject to section 11.2, a decision of the Tribunal is final and not subject to appeal, and a decision of the Tribunal shall not be altered or set aside in an application for judicial review or in any other proceeding unless the decision is patently unreasonable.

(6)  The following provisions of the Act are amended by striking out “Board” wherever it occurs and substituting in each case “Tribunal” and by striking out “Board’s” wherever it occurs and substituting in each case “Tribunal’s”:

1. Section 5, as re-enacted by the Statutes of Ontario, 1996, chapter 27, section 3.

2. Section 7.2, as enacted by the Statutes of Ontario, 1996, chapter 27, section 3.

3. Section 8, as re-enacted by the Statutes of Ontario, 1996, chapter 27, section 3.

4. Section 9.1, as enacted by the Statutes of Ontario, 1996, chapter 27, section 3.

5. Section 9.2, as enacted by the Statutes of Ontario, 1996, chapter 27, section 3.

6. Section 9.3, as enacted by the Statutes of Ontario, 1996, chapter 27, section 3.

7. Section 10, as re-enacted by the Statutes of Ontario, 1996, chapter 27, section 3.

8. Section 11.1, as enacted by the Statutes of Ontario, 1996, chapter 27, section 3.

9. Section 11.2, as enacted by the Statutes of Ontario, 1996, chapter 27, section 3.

10. Section 11.3, as enacted by the Statutes of Ontario, 1996, chapter 27, section 3.

11. Section 11.4, as enacted by the Statutes of Ontario, 1996, chapter 27, section 3.

12. Section 13, as re-enacted by the Statutes of Ontario, 1996, chapter 27, section 3.

13. Section 27.1, as enacted by the Statutes of Ontario, 1996, chapter 27, section 7.

14. Section 30, as amended by the Statutes of Ontario, 1996, chapter 27, section 10.

15. Section 31, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule and 1996, chapter 27, section 11.

16. Section 32.

17. Section 34.

18. Section 35, as amended by the Statutes of Ontario, 1996, chapter 27, section 14.

19. Section 36, as amended by the Statutes of Ontario, 1996, chapter 27, section 15.

20. Section 37.1, as enacted by the Statutes of Ontario, 1996, chapter 27, section 16.

Environmental Protection Act

12.  (1)  The definition of “Board” in subsection 1 (1) of the Environmental Protection Act is repealed.

(2)  The definition of “Environmental Assessment Board” in subsection 1 (1) of the Act is repealed.

(3)  Subsection 1 (1) of the Act, as amended by the Statutes of Ontario, 1992, chapter 1, section 22 and 1998, chapter 35, section 1, is further amended by adding the following definition:

“Tribunal” means the Environmental Review Tribunal. (“Tribunal”)

(4)  Subsection 33 (3) of the Act is repealed.

(5)  Section 33 of the Act is amended by adding the following subsections:

Costs

(5)  The Tribunal may award the costs of a proceeding under this section.

Payment

(6)  The Tribunal may order to whom and by whom the costs are to be paid.

Assessment

(7)  The Tribunal may fix the amount of the costs or direct that the amount be assessed and it may direct the scale according to which they are to be assessed and by whom they are to be assessed.

Considerations not limited

(8)  In awarding costs, the Tribunal is not limited to the considerations that govern awards of costs in any court.

Application

(9)  Subsections (5) to (8) apply despite sections 17.1 and 32 of the Statutory Powers Procedure Act.

(6)  Subsection 34 (1) of the Act is amended by striking out “under this Act before the Environmental Assessment Board” and substituting “under this Part before the Tribunal”.

(7)  Subsection 36 (3) of the Act is repealed.

(8)  Section 137 of the Act, as amended by the Statutes of Ontario, 1992, chapter 1, section 32, 1994, chapter 27, section 115 and 1997, chapter 37, section 2, is repealed.

(9)  Subsection 145 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 37, section 2, is repealed.

(10)  Section 145.1 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 37, section 2, is repealed.

(11)  Subsection 180 (1) of the Act is amended by striking out “a member of the Board or of the Environmental Assessment Board” and substituting “a member of the Tribunal”.

(12)  The following provisions of the Act are amended by striking out “Board” and “Environmental Assessment Board” wherever they occur and substituting in each case “Tribunal” and by striking out “Board’s” wherever it occurs and substituting in each case “Tribunal’s”:

1. Section 30.

2. Section 31.

3. Section 32.

4. Section 33.

5. Section 34.

6. Section 36.

7. Section 45.

8. Section 47.

9. Section 71.

10. Section 139.

11. Section 140.

12. Section 141.

13. Section 142.

14. Section 143.

15. Section 144.

16. Section 145, as amended by the Statutes of Ontario, 1997, chapter 37, section 2.

17. Section 151.

18. Section 152.

19. Section 157.3, as enacted by the Statutes of Ontario, 1998, chapter 35, section 16.

20. Section 182.1, as enacted by the Statutes of Ontario, 1998, chapter 35, section 34.

Ontario Water Resources Act

13.  (1)  The definition of “Environmental Assessment Board” in section 1 of the Ontario Water Resources Act is repealed.

(2)  Section 1 of the Act, as amended by the Statutes of Ontario, 1992, chapter 23, section 39, 1993, chapter 23, section 73 and 1998, chapter 35, section 44, is further amended by adding the following definition:

“Tribunal” means the Environmental Review Tribunal. (“Tribunal”)

(3)  Subsection 7 (3) of the Act is repealed.

(4)  Section 7 of the Act is amended by adding the following subsections:

Costs

(5)  The Tribunal may award the costs of a proceeding under this section.

Payment

(6)  The Tribunal may order to whom and by whom the costs are to be paid.

Assessment

(7)  The Tribunal may fix the amount of the costs or direct that the amount be assessed and it may direct the scale according to which they are to be assessed and by whom they are to be assessed.

Considerations not limited

(8)  In awarding costs, the Tribunal is not limited to the considerations that govern awards of costs in any court.

Application

(9)  Subsections (5) to (8) apply despite sections 17.1 and 32 of the Statutory Powers Procedure Act.

(5)  Subsection 9 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Appeal

(1)  A party to a proceeding under section 7 may appeal from the Tribunal’s decision,

. . . . .

(6)  Subsection 16.4 (9) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 49, is amended by striking out “Board” and substituting “Tribunal”.

(7)  The definition of “Appeal Board” in subsection 35 (1) of the Act is repealed.

(8)  Subsections 54 (1) and (2) of the Act are amended by striking out “Environmental Assessment Board” wherever it occurs and substituting in each case “Tribunal”.

(9)  Subsections 55 (1) and (2) of the Act are amended by striking out “Environmental Assessment Board” wherever it occurs and substituting in each case “Tribunal”.

(10)  Subsections 74 (4) and (5) of the Act are amended by striking out “Environmental Assessment Board” wherever it occurs and substituting in each case “Tribunal”.

(11)  Subsection 93 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 23, section 73, is further amended by striking out “any member of the Environmental Appeal Board or the Environmental Assessment Board” and substituting “any member of the Tribunal”.

(12)  Subsection 106.1 (1) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 35, section 69, is repealed.

(13)  The following provisions of the Act are amended by striking out “Appeal Board”, “Board”, “Environmental Appeal Board” and “Environmental Assessment Board” wherever they occur and substituting in each case “Tribunal” and by striking out “Board’s” wherever it occurs and substituting in each case “Tribunal’s”:

1. Section 7.

2. Section 8.

3. Section 9.

4. Section 47, as amended by the Statutes of Ontario, 1994, chapter 27, section 116 and 1997, chapter 37, section 4.

5. Section 48.

6. Section 49.

7. Section 85.

8. Section 86.

9. Section 100, as amended by the Statutes of Ontario, 1998, chapter 35, section 67.

10. Section 101.

11. Section 102.

12. Section 106.1, as enacted by the Statutes of Ontario, 1998, chapter 35, section 69.

Pesticides Act

14.  (1)  The definition of “Board” in subsection 1 (1) of the Pesticides Act is repealed.

(2)  Subsection 1 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule and 1998, chapter 35, section 77, is further amended by adding the following definition:

“Tribunal” means the Environmental Review Tribunal. (“Tribunal”)

(3)  Subsection 14 (7) of the Act, as amended by the Statutes of Ontario, 1997, chapter 37, section 5, is repealed.

(4)  The following provisions of the Act are amended by striking out “Board” wherever it occurs and substituting in each case “Tribunal”:

1. Section 13.

2. Section 14, as amended by the Statutes of Ontario, 1994, chapter 27, section 117, 1997, chapter 37, section 5 and 1998, chapter 35, section 78.

3. Section 15, as amended by the Statutes of Ontario, 1997, chapter 37, section 5.

4. Section 16.

5. Section 26.3, as enacted by the Statutes of Ontario, 1998, chapter 35, section 91.

6. Section 26.5, as enacted by the Statutes of Ontario, 1998, chapter 35, section 91.

7. Section 27.

8. Section 41.1, as enacted by the Statutes of Ontario, 1998, chapter 35, section 95.

Transition and Commencement

Transition: references to Boards

15.  A reference in an Act, regulation or other document to the Environmental Appeal Board or the Environmental Assessment Board shall be deemed to be a reference to the Environmental Review Tribunal, unless the context requires otherwise.

Transition: proceedings

16.  Any proceeding pending before the Environmental Assessment Board or the Environmental Appeal Board when this section comes into force shall be deemed to be continued before the Environmental Review Tribunal.

Transition: members of Tribunal

17.  (1)  The persons who held office as members of the Environmental Appeal Board or the Environmental Assessment Board immediately before this section comes into force shall be deemed to be members of the Environmental Review Tribunal on the same terms.

Same: chair and vice-chairs

(2)  The person who held office as the chair of the Environmental Appeal Board immediately before this section comes into force shall be deemed to be the chair of the Environmental Review Tribunal on the same terms, and the persons who hold office as vice-chairs of the Environmental Appeal Board or the Environmental Assessment Board immediately before this section comes into force shall be deemed to be vice-chairs of the Environmental Review Tribunal on the same terms.

Commencement

18.  This Schedule comes into force on the day the Red Tape Reduction Act, 2000 receives Royal Assent.

Short title

19.  The short title of the Act set out in this Schedule is the Environmental Review Tribunal Act, 2000.

SCHEDULE G

AMENDMENTS PROPOSED BY THE
MINISTRY OF FINANCE

Insurance Act

1.  (1)  Section 115 of the Insurance Act is repealed and the following substituted:

Trafficking in life insurance policies prohibited

115.  Any person who advertises or holds himself, herself or itself out as a purchaser of life insurance policies or of benefits thereunder, or who trafficks or trades in life insurance policies for the purpose of procuring the sale, surrender, transfer, assignment, pledge or hypothecation thereof to himself, herself or itself or any other person, is guilty of an offence.

(2)  Subsection 121 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 10, section 12, 1994, chapter 11, section 338, 1996, chapter 21, section 14, 1997, chapter 19, section 10, 1997, chapter 28, section 107 and 1999, chapter 12, Schedule I, section 4, is further amended by adding the following paragraphs:

37.5 governing viatical settlements, including, without limiting the generality of the foregoing, defining “viatical settlement”, requiring a licence to carry on business in viatical settlements and governing those licences, governing the marketing and entering into of viatical settlements, requiring persons who solicit business for or otherwise assist persons who carry on business in viatical settlements to be licensed and governing those licen-ces, governing the terms and conditions of viatical settlements, requiring the approval of a person or body specified by the regulations for any thing related to viatical settlements, declaring a viatical settlement to be void or voidable in circumstances prescribed by the regulations, and making any provision of this Act or the Financial Services Commission of Ontario Act, 1997 that applies to insurers applicable, with such modifications as may be specified by the regulations, to persons who carry on business in viatical settlements;

37.6 exempting any person from section 115, subject to such terms and conditions as may be set out in the regulations.

Commencement

Commencement

2.  This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE H

AMENDMENTS PROPOSED BY THE
MINISTRY OF HEALTH AND LONG-TERM CARE

Health Insurance Act

1.  (1)  The English version of subsection 5 (1) of the Health Insurance Act is amended by adding “of Ontario” at the end.

(2)  The English version of clause 5 (2) (a) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 32, section 2, is amended by striking out “College of Physicians and Surgeons” at the end and substituting “College of Physicians and Surgeons of Ontario”.

(3)  The English version of subsection 5 (7) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 4, is amended by adding “of Ontario” at the end.

(4)  Subsection 11 (3) of the Act is repealed.

(5)  Subsection 14 (5) of the Act is repealed and the following substituted:

Exception

(5)  Subsections (1) and (2) do not apply during the period that a person who is a resident must wait to be enrolled as an insured person.

(6)  Subsection 17 (3) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 11, is amended by striking out “and, in any event, no later than six months after the service is performed”.

(7)  Sections 41 and 42 of the Act are repealed.

Ministry of Health Appeal
and Review Boards Act, 1998

2.  (1)  Subsection 3 (1) of the Ministry of Health Appeal and Review Boards Act, 1998 is amended by striking out “and no more than 20”.

(2)  Subsection 7 (1) of the Act is amended by striking out “and no more than 20”.

Regulated Health Professions
Act, 1991

3.  (1)  Section 80 of Schedule 2 to the Regulated Health Professions Act, 1991 is amended by striking out “paragraph 25 of subsection 95 (1)” and substituting “clause 95 (1) (r)”.

(2)  Subsection 95 (2) of Schedule 2 to the Act is amended by striking out “paragraph 25 of subsection (1)” and substituting “clause (1) (r)”.

(3)  Subsection 95 (2.1) of Schedule 2 to the Act, as enacted by the Statutes of Ontario, 1993, chapter 37, section 27, is amended by striking out “paragraph 25 of subsection (1)” and substituting “clause (1) (r)”.

Commencement

Commencement

4.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Red Tape Reduction Act, 2000 receives Royal Assent.

Same

(2)  Subsection 1 (6) comes into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE I

AMENDMENTS AND REPEALS PROPOSED
BY THE MINISTRY OF LABOUR

Workplace Safety and
Insurance Act, 1997

1.  (1)  Subsection 25 (3.1) of the Workplace Safety and Insurance Act, 1997, as enacted by the Statutes of Ontario, 1998, chapter 36, section 1, is repealed and the following substituted:

Certain volunteers

(3.1)  Subsection (3) applies with respect to a member of a municipal volunteer fire brigade or a municipal volunteer ambulance brigade or an auxiliary member of a police force as though the person were an emergency worker.

(2)  Subsection 40 (4.1) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 36, section 2, is repealed and the following substituted:

Certain volunteers

(4.1)  Subsection (4) applies with respect to a member of a municipal volunteer fire brigade or a municipal volunteer ambulance brigade or an auxiliary member of a police force as though the person were an emergency worker.

(3)  Clause 41 (7) (b) of the Act is repealed and the following substituted:

(b) one year after the worker is medically able to perform the essential duties of his or her pre-injury employment; and

. . . . .

(4)  Subsection 41 (17) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 36, section 3, is repealed and the following substituted:

Certain volunteers

(17)  Subsection (16) applies with respect to a member of a municipal volunteer fire brigade or a municipal volunteer ambulance brigade or an auxiliary member of a police force as though the person were an emergency worker.

(5)  Subsection 43 (2) of the Act is amended by striking out “$15,321.51” and substituting “$15,312.51”.

(6)  Subsection 43 (3) of the Act is amended by striking out the portion preceding clause (a) and substituting the following:

Payments where co-operating

(3)  The amount of the payment is 85 per cent of the difference between his or her net average earnings before the injury and any net average earnings the worker earns after the injury, if the worker is co-operating in health care measures and,

. . . . .

(7)  Subsection 45 (6) of the Act is amended by striking out “$1,142.20” and substituting “$1,145.63”.

(8)  Subsection 46 (3) of the Act is amended by striking out both occurrences of “$11,456.30” and substituting in each case “$11,452.07”.

(9)  Subsection 48 (11) of the Act, as amended by the Statutes of Ontario, 1999, chapter 6, section 67, is further amended by striking out “subsection (7)” and substituting “subsection 42 (7)”.

(10)  Subsection 51 (2) of the Act is amended by striking out “or 162 (10)”.

(11)  Section 70 of the Act is repealed and the following substituted:

Deemed employer, certain volunteer or auxiliary workers

70.  One of the following entities, as may be appropriate, shall be deemed to be the employer of a member of a municipal volunteer fire brigade or municipal volunteer ambulance brigade or an auxiliary member of a police force:

1. A municipal corporation.

2. A public utilities commission or any other commission or any board (other than a hospital board) that manages the brigade for a municipal corporation.

3. The board of trustees of a police village.

4. A police force.

(12)  Subsection 78 (3) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 36, section 4, is repealed and the following substituted:

Same, certain volunteer or auxiliary workers

(3)  The statement by a deemed employer of a municipal volunteer fire brigade or municipal volunteer ambulance brigade or of auxiliary members of a police force must set out the number of members of the brigade or the number of auxiliary members and the amount of earnings, fixed by the deemed employer, to be attributed to each member for the purposes of the insurance plan.

(13)  Part VII of the Act is amended by adding the following section:

No Contributions from Workers

No contributions from workers

95.1  (1)  No employer shall,

(a) directly or indirectly deduct from a worker’s wages an amount that the employer is, or may become, liable to pay to the worker under the insurance plan; or

(b) require or permit a worker to contribute in any way toward indemnifying the employer against any liability that the employer has incurred or may incur under the insurance plan.

Right of action

(2)  Without limiting any other remedies the worker may have, a worker may bring an action in a court of competent jurisdiction to recover an amount that was deducted from the worker’s wages or that the worker was required or permitted to contribute in contravention of subsection (1).

Same, certain deductions, etc.,
before section in force

(3)  Without limiting any other remedies the worker may have, a worker may bring an action in a court of competent jurisdiction to recover an amount that was deducted from the worker’s wages or that the worker was required or permitted to contribute if the deduction, requirement or permission occurred on or after January 1, 1998 but before this section came into force and the deduction, requirement or permission contravened subsection 155 (1) or (2) as those subsections read before being repealed by subsection 1 (21) of Schedule I to the Red Tape Reduction Act, 2000.

(14)  Subsection 104 (2) of the Act, as amended by the Statutes of Ontario, 1999, chapter 6, section 67, is further amended,

(a) by inserting “of the Workplace Safety and Insurance Act, 1997” after “Subsections 42 (2) to (8)” in subsection (3.1); and

(b) by inserting “of the Workplace Safety and Insurance Act, 1997” after “subsection 42 (7)” in subsection (3.3).

(15)  Subsection 108 (4) of the Act is amended by striking out “Subsections 42 (3) to (7)” and substituting “Subsections 42 (3) to (8)”.

(16)  Subsection 135 (3) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.

(17)  Subsection 139 (2) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.

(18)  Section 151 of the Act is amended by adding the following subsection:

Same, false information

(1.1)  An employer who knowingly provides false or misleading information under section 75 is guilty of an offence.

(19)  Section 152 of the Act is amended by adding the following subsection:

Same

(1.1)  An employer who fails to comply with a requirement of the Board under subsection 78 (4) is guilty of an offence.

(20)  Subsection 152 (2) of the Act is amended by striking out “subsection 78 (1), (2) or (3)” and substituting “subsection 78 (1), (2), (3) or (4)”.

(21)  Section 155 of the Act is repealed and the following substituted:

Offence, deduction from wages

155.  (1)  An employer who contravenes subsection 95.1 (1) is guilty of an offence.

Restitution order

(2)  If a person is convicted of an offence under this section, the court shall also order the person to pay to the Board on behalf of an affected worker any sum deducted from the worker’s wages or any sum that the worker was required or permitted to pay in contravention of subsection 95.1 (1). The amount payable to the Board shall be deemed to be an amount owing under this Act.

Same

(3)  When the court makes an order under subsection (2), the Board shall pay the sum determined under the order to the worker.

(22)  Subsections 162 (8), (9), (10), (11) and (12) of the Act are repealed.

(23)  Subsection 171 (4) of the Act is amended by striking out “June 30, 1997” in paragraphs 2, 3 and 4 and substituting in each case “January 1, 1998”.

(24)  Subsections 171 (5) and (6) of the Act are repealed.

(25)  Subsection 173 (3) of the Act is amended by inserting “and such other matters as are conferred upon the tribunal under this Act” after “hear and decide appeals”.

(26)  Subsection 173 (7) of the Act is repealed.

(27)  Subsection 174 (1) of the Act is amended by inserting “and such other matters as are conferred upon the tribunal under this Act” after “hear and decide appeals”.

(28)  Subsection 174 (3) of the Act is amended by striking out “an appeal under the insurance plan” and substituting “an appeal or other matter conferred upon the tribunal under this Act”.

(29)  Subsection 180 (2) of the Act is repealed and the following substituted:

Production of documents

(2)  The Board, the members of the board of directors and the employees of, and persons engaged or authorized by the Board are not required to produce, in a proceeding in which the Board is not a party, any information or material furnished, obtained, made or received in the performance of the Board’s, member’s, employee’s or person’s duties under this Act. The same is true, with necessary modifications, if the Appeals Tribunal, the Office of the Worker Adviser or the Office of the Employer Adviser is not a party to a proceeding.

Commencement

Commencement

2.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Red Tape Reduction Act, 2000 receives Royal Assent.

Same

(2)  Subsections 1 (1), (2), (4), (5), (7), (8), (9), (11), (12), (14), (15), (23), (25), (27) and (28) shall be deemed to have come into force on January 1, 1998.

SCHEDULE J

AMENDMENTS PROPOSED BY
MANAGEMENT BOARD SECRETARIAT

Ministry of Government Services Act

1.  Section 3 of the Ministry of Government Services Act is amended by adding the following subsection:

Same

(3)  The Queen’s Printer for Ontario shall exercise his or her powers and perform his or her duties under subsection (2) in accordance with any directions given by the Management Board of Cabinet to him or her.

Municipal Freedom of Information and Protection of Privacy Act

2.  The English version of the definition of “Minister” in subsection 2 (1) of the Municipal Freedom of Information and Protection of Privacy Act is amended by striking out “Chairman” and substituting “Chair”.

Official Notices Publication Act

3.  Section 4 of the Official Notices Publication Act is repealed and the following substituted:

Publication rates, etc.

4.  (1)  The Queen’s Printer for Ontario may establish a schedule of rates for publishing information in The Ontario Gazette and for purchasing subscriptions to it and copies of it.

Same

(2)  The schedule of rates may specify when the applicable amounts are payable and how they are to be paid.

Same

(3)  The Queen’s Printer for Ontario shall publish the schedule of rates in The Ontario Gazette.

Public Service Act

4.  Clause 29 (1) (m.1) of the Public Service Act, as enacted by the Statutes of Ontario, 1993, chapter 38, section 63, is repealed.

Commencement

Commencement

5.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Red Tape Reduction Act, 2000 receives Royal Assent.

Amendments to Official Notices Publication Act

(2)  Section 3 comes into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE K

AMENDMENTS PROPOSED BY THE MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING

Building Code Act, 1992

1.  Subsection 25 (7) of the Building Code Act, 1992 is repealed and the following substituted:

Stay of order or decision

(7)  An appeal under subsection (1) does not stay the operation of the order or decision appealed from but a judge may, on such terms as are just, stay the operation of the order or decision until the disposition of the appeal.

Municipal Act

2.  The Municipal Act is amended by adding the following section:

Change of name

12.1  (1)  Despite any Act, a municipality (including a regional or district municipality and the County of Oxford) may by by-law change its name so long as the new name is not the same as the name of another municipality.

Notice to public

(2)  Before passing a by-law changing its name, a municipality shall give notice to the public of the proposed by-law.

Notice

(3)  A municipality that passes a by-law changing its name shall send a copy of the by-law to the Minister of Municipal Affairs and Housing and to the Director of Titles appointed under the Land Titles Act promptly after its passage.

Status unchanged

(4)  A by-law changing the name of a municipality does not affect the status of a municipality and so, for example, a municipality with town status remains a municipality with town status.

Municipal Tax Sales Act

3.  (1)  Subsection 1 (3) of the Municipal Tax Sales Act is repealed and the following substituted:

Interpretation

(3)  For the purposes of this Act,

“abstract index” and “parcel register” include an instrument received for registration before the closing of the land registry office on the day the tax arrears certificate was registered even if the instrument has not been abstracted or entered in the register or index at that time; (“répertoire par lot”, “registre des parcelles”)

“index of executions” and “index of writs received for execution” include a warrant or other process or a certificate of lien that is filed with the sheriff and recorded in the index of executions under the Land Titles Act or in the index of writs received for execution by the sheriff, as the case may be. (“répertoire des brefs d’exécution”, “répertoire des brefs d’exécution reçus”)

(2)  Paragraph 3 of subsection 4 (1) of the Act is amended by striking out “register of title” and substituting “parcel register”.

(3)  Subsection 4 (4) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 124, is repealed and the following substituted:

Statutory declaration

(4)  The treasurer, immediately after complying with subsections (1) and (2), shall make a statutory declaration in the prescribed form stating the names and addresses of the persons to whom notice was sent.

(4)  Section 4 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 124, is further amended by adding the following subsection:

Inspection

(4.1)  The treasurer shall permit any person, upon request, to inspect a copy of the statutory declaration made under subsection (4) and shall provide copies of it at the same rate as is charged under section 74 of the Municipal Act.

(5)  Subsection 9 (4) of the Act is repealed and the following substituted:

Treasurer’s statement

(4)  The treasurer shall make and register, at the time of registering the tax deed or notice of vesting, a statement in the prescribed form stating that,

(a) the tax arrears certificate was registered with respect to the land at least one year before the land was advertised for sale;

(b) notices were sent and the statutory declarations were made in substantial compliance with this Act and the regulations under this Act;

(c) the cancellation price was not paid within one year following the date of the registration of the tax arrears certificate; and

(d) the land was advertised for sale, in substantial compliance with this Act and the regulations under this Act.

(6)  Subsection 11 (4) of the Act is repealed and the following substituted:

Statutory declaration, effect

(4)  A statutory declaration made under subsection 4 (4) or under clause 9 (2) (c) is proof, in the absence of evidence to the contrary, that the notices required to be sent were sent to the persons named in the statutory declaration and received by them.

Statement, effect

(4.1)  A statement made and registered under subsection 9 (4) is conclusive proof of the matters referred to in clauses 9 (4) (a) to (d).

(7)  Subsection 13 (1) of the Act is amended by striking out “statutory declaration” in the portion following clause (b) and substituting “statement”.

(8)  Clause 18 (1) (a) of the Act is repealed and the following substituted:

(a) respecting forms, including electronic forms, and providing for their use, which may vary for different land registration systems and areas.

Municipality of Metropolitan
Toronto Act

4.  Section 1 and the Schedule to the Municipality of Metropolitan Toronto Act are repealed.

Planning Act

5.  (1)  Subsection 17 (46) of the Planning Act, as enacted by the Statutes of Ontario, 1996, chapter 4, section 9, is repealed and the following substituted:

Representation

(46)  Before dismissing all or part of an appeal, the Municipal Board shall notify the appellant and give the appellant the opportunity to make representation on the proposed dismissal but this subsection does not apply if the appellant has not complied with a request made under clause (45) (e).

Dismissal

(46.1)  The Municipal Board may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (45), as it considers appropriate.

(2)  Subsection 34 (25.1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 21, is repealed and the following substituted:

Representation

(25.1)  Before dismissing all or part of an appeal, the Municipal Board shall notify the appellant and give the appellant the opportunity to make representation on the proposed dismissal but this subsection does not apply if the appellant has not complied with a request made under clause (25) (d).

Dismissal

(25.2)  The Municipal Board may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (25), as it considers appropriate.

(3)  Subsection 45 (17.1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 26, is repealed and the following substituted:

Representation

(17.1)  Before dismissing all or part of an appeal, the Municipal Board shall notify the appellant and give the appellant the opportunity to make representation on the proposed dismissal but this subsection does not apply if the appellant has not complied with a request made under clause (17) (d).

Dismissal

(17.2)  The Municipal Board may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (17), as it considers appropriate.

(4)  Subsection 47 (12.2) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 27, is repealed and the following substituted:

Representation

(12.2)  Before dismissing a request to hold a hearing, the Municipal Board shall notify the person or public body requesting the hearing and give the person or public body the opportunity to make representation on the proposed dismissal but this subsection does not apply if the person or public body has not complied with a request made under clause (12.1) (d).

Dismissal

(12.3)  The Municipal Board may dismiss a request after holding a hearing or without holding a hearing on the motion under subsection (12.1), as it considers appropriate.

(5)  Clause 51 (45) (d) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 30, is repealed and the following substituted:

(d) a municipality or a planning board for a planning area in which the land to be subdivided is situate; and

. . . . .

(6)  Subsection 51 (54) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 30, is repealed and the following substituted:

Representation

(54)  Before dismissing an appeal, the Municipal Board shall notify the appellant and give the appellant the opportunity to make representation on the proposed dismissal but this subsection does not apply if the appellant has not complied with a request made under clause (53) (e).

Dismissal

(54.1)  The Municipal Board may dismiss an appeal after holding a hearing or without holding a hearing on the motion under subsection (53), as it considers appropriate.

(7)  Subsection 53 (32) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 32, is repealed and the following substituted:

Representation

(32)  Before dismissing an appeal, the Municipal Board shall notify the appellant and give the appellant the opportunity to make representation on the proposed dismissal but this subsection does not apply if the appellant has not complied with a request made under clause (31) (e).

Dismissal

(32.1)  The Municipal Board may dismiss an appeal after holding a hearing or without holding a hearing on the motion under subsection (31), as it considers appropriate.

Tenant Protection Act, 1997

6.  (1)  Clause (a) of the definition of “landlord” in subsection 1 (1) of the Tenant Protection Act, 1997 is repealed and the following substituted:

(a) the owner of a rental unit or any other person who permits occupancy of a rental unit, other than a tenant who occupies a rental unit in a residential complex and who permits another person to also occupy the unit or any part of the unit.

(2)  Section 1 of the Act, as amended by the Statutes of Ontario, 1999, chapter 6, section 62, is further amended by adding the following subsection:

Interpretation, sublet

(1.1)  For the purposes of this Act, a reference to subletting a rental unit refers to the situation in which,

(a) the tenant vacates the rental unit;

(b) the tenant gives one or more other persons the right to occupy the rental unit for a term ending on a specified date before the end of the tenant’s term or period; and

(c) the tenant has the right to resume occupancy of the rental unit after that specified date.

(3)  Subsection 5 (1) of the Act is amended by striking out “129 to 139” in the portion preceding paragraph 1 and substituting “129 to 131, 135 to 139”.

(4)  Section 11 of the Act is repealed and the following substituted:

Covenants interdependent

11.  Subject to this Part, the common law rules respecting the effect of a serious, substantial or fundamental breach of a material covenant by one party to a contract on the obligation to perform of the other party apply with respect to tenancy agreements.

(5)  Subsection 18 (1) of the Act is repealed and the following substituted:

Subletting rental unit

(1)  A tenant may sublet a rental unit to another person with the consent of the landlord.

(6)  Subsection 34 (1) of the Act is amended by adding the following paragraph:

4.1 Order the landlord to pay a specified sum to the tenant as compensation for,

i. the costs that the tenant has incurred or will incur in repairing or replacing property of the tenant that was damaged, destroyed or disposed of as a result of the landlord’s breach or breaches of the obligation under subsection 24 (1), and

ii. other reasonable out-of-pocket expenses that the tenant has incurred or will incur as a result of the landlord’s breach or breaches of the obligation under subsection 24 (1).

(7)  Subsection 35 (1) of the Act is amended by adding the following clause:

(a.1) order that the landlord, superintendent or agent pay a specified sum to the tenant as compensation for,

(i) the costs that the tenant has incurred or will incur in repairing or replacing property of the tenant that was damaged, destroyed or disposed of as a result of the landlord, superintendent or agent having engaged in one or more of the activities listed in those paragraphs, and

(ii) other reasonable out-of-pocket expenses that the tenant has incurred or will incur as a result of the landlord, superintendent or agent having engaged in one or more of the activities listed in those paragraphs.

(8)  Section 35 of the Act is amended by adding the following subsections:

Order, subs. 32 (1), par. 4

(3)  If the Tribunal determines, in an application under paragraph 4 of subsection 32 (1), that the landlord, superintendent or agent of the landlord has altered the locking system on a door giving entry to the rental unit or the residential complex, or caused the locking system to be altered, during the tenant’s occupancy of the rental unit without giving the tenant replacement keys, and if the Tribunal is satisfied that the rental unit is vacant, the Tribunal may, in addition to the remedies set out in subsections (1) and (2), order that the landlord allow the tenant to recover possession of the rental unit and that the landlord refrain from renting the unit to anyone else.

Effect of order allowing tenant possession

(4)  An order under subsection (3) shall have the same effect, and shall be enforced in the same manner, as a writ of possession.

Expiry of order allowing tenant possession

(5)  An order under subsection (3) expires,

(a) at the end of the 15th day after the day it is issued if it is not filed within those 15 days with the sheriff who has territorial jurisdiction where the rental unit is located; or

(b) at the end of the 45th day after the day it is issued if it is filed in the manner described in clause (a).

(9)  Subsection 52 (1) of the Act, as amended by the Statutes of Ontario, 1999, chapter 6, section 62, is repealed and the following substituted:

Where purchaser personally requires unit

(1)  A landlord of a residential complex that contains no more than three residential units who has entered into an agreement of purchase and sale of the residential complex may, on behalf of the purchaser, give the tenant of a unit in the residential complex a notice terminating the tenancy, if the purchaser in good faith requires possession of the residential complex or the unit for the purpose of residential occupation by the purchaser, the purchaser’s spouse or same-sex partner, or a child or parent of one of them.

Same, condominium

(1.1)  If a landlord who owns a unit as defined in the Condominium Act that is a rental unit has entered into an agreement of purchase and sale of the unit, the landlord may, on behalf of the purchaser, give the tenant of the unit a notice terminating the tenancy, if the purchaser in good faith requires possession of the unit for the purpose of residential occupation by the purchaser, the purchaser’s spouse or same-sex partner, or a child or parent of one of them.

(10)  On the later of the day subsection (9) comes into force and the day all or part of the Condominium Act, 1998 comes into force, subsection 52 (1.1) of the Tenant Protection Act, 1997, as enacted by subsection (9), is repealed and the following substituted:

Same, condominium

(1.1)  If a landlord who is an owner as defined in clause (a) or (b) of the definition of “owner” in subsection 1 (1) of the Condominium Act, 1998 owns a unit, as defined in subsection 1 (1) of that Act, that is a rental unit and has entered into an agreement of purchase and sale of the unit, the landlord may, on behalf of the purchaser, give the tenant of the unit a notice terminating the tenancy, if the purchaser in good faith requires possession of the unit for the purpose of residential occupation by the purchaser, the purchaser’s spouse or same-sex partner, or a child or parent of one of them.

(11)  Subsection 52 (2) of the Act is amended by striking out “specified in the notice” and substituting “specified in a notice given under subsection (1) or (1.1)”.

(12)  Subsection 52 (3) of the Act is amended by inserting “or (1.1)” after “subsection (1)”.

(13)  Subsections 54 (1), (2), (3) and (4) of the Act are repealed and the following substituted:

Conversion to condominium,
security of tenure

(1)  If a part or all of a residential complex becomes subject to a registered declaration and description under the Condominium Act or the Condominium Act, 1998 on or after June 17, 1998, a landlord may not give a notice under section 51 or 52 to a person who was a tenant of a rental unit when it became subject to the registered declaration and description.

Proposed units,
security of tenure

(2)  If a landlord has entered into an agreement of purchase and sale of a rental unit that is a proposed unit under the Condominium Act or the Condominium Act, 1998, a landlord may not give a notice under section 51 or 52 to the tenant of the rental unit who was the tenant on the date the agreement of purchase and sale was entered into.

Non-application

(3)  Subsections (1) and (2) do not apply with respect to a residential complex if no rental unit in the complex was rented before July 10, 1986 and all or part of the complex becomes subject to a registered declaration and description under the Condominium Act or the Condominium Act, 1998 before the later of,

(a) the day that is two years after the day on which the first rental unit in the complex was first rented; and

(b) June 17, 2000.

Assignee of tenant not included

(4)  Despite subsection 17 (8), a reference to a tenant in subsection (1), (2) or (5) does not include a person to whom the tenant subsequently assigns the rental unit.

(14)  Subsections 61 (2) and (3) of the Act are repealed and the following substituted:

Contents of notice

(2)  The notice of termination shall set out the amount of rent due and shall specify that the tenant may avoid the termination of the tenancy by paying, on or before the termination date specified in the notice, the rent due as set out in the notice and any additional rent that has become due under the tenancy agreement as at the date of payment by the tenant.

Notice void if rent paid

(3)  The notice of termination is void if, before the day the landlord applies to the Tribunal for an order terminating the tenancy and evicting the tenant based on the notice, the tenant pays,

(a) the rent that is in arrears under the tenancy agreement; and

(b) the additional rent that would have been due under the tenancy agreement as at the date of payment by the tenant had notice of termination not been given.

(15)  Subsection 62 (3) of the Act is repealed and the following substituted:

Notice

(3)  A notice of termination under this section shall set out the grounds for termination and shall provide a termination date not earlier than,

(a) the 10th day after the notice is given, in the case of a notice under subsection (1) grounded on an illegal act, trade, business or occupation involving,

(i) the production of an illegal drug,

(ii) the trafficking in an illegal drug, or

(iii) the possession of an illegal drug for the purposes of trafficking; or

(b) the 20th day after the notice is given, in all other cases.

Definition of “illegal drug”

(4)  In this section,

“illegal drug” means a controlled substance or precursor as those terms are defined in the Controlled Drugs and Substances Act (Canada); (“drogue illicite”)

“possession” has the same meaning as in the Controlled Drugs and Substances Act (Canada); (“possession”)

“production” means, with respect to an illegal drug, to produce the drug within the meaning of the Controlled Drugs and Substances Act (Canada); (“production”)

“trafficking” means, with respect to an illegal drug, to traffic in the drug within the meaning of the Controlled Drugs and Substances Act (Canada). (“trafic”)

(16)  Clause 67 (1) (b) of the Act is repealed and the following substituted:

(b) within six months after the notice mentioned in clause (a) has become void, an activity takes place, conduct occurs or a situation arises that constitutes grounds for a notice of termination under section 62, 63, 64 or 66, other than an activity, conduct or a situation that is described in subsection 62 (1) and that involves an illegal act, trade, business or occupation described in clause 62 (3) (a).

(17)  Section 72 of the Act is repealed and the following substituted:

Non-payment of rent

72.  (1)  A landlord may not apply to the Tribunal under section 69 for an order terminating a tenancy and evicting the tenant based on a notice of termination under section 61 before the day following the termination date specified in the notice.

Discontinuance of application

(2)  An application by a landlord under section 69 for an order terminating a tenancy and evicting the tenant based on a notice of termination under section 61 shall be discontinued if, before the Tribunal issues the eviction order, the Tribunal is satisfied that the tenant has paid to the landlord or to the Tribunal,

(a) the rent that is in arrears under the tenancy agreement;

(b) the additional rent that would have been due under the tenancy agreement as at the date of payment by the tenant had notice of termination not been given; and

(c) the landlord’s application fee.

Order of Tribunal

(3)  An order of the Tribunal terminating a tenancy and evicting the tenant in an application under section 69 based on a notice of termination under section 61 shall,

(a) specify the following amounts:

(i) the amount of rent that is in arrears under the tenancy agreement,

(ii) the daily amount of compensation that must be paid under section 45, and

(iii) any costs ordered by the Tribunal; and

(b) inform the tenant and the landlord that the order will become void if, before the order becomes enforceable, the tenant pays to the landlord or to the Tribunal the amount required under subsection (4) and specify that amount.

Order void

(4)  An eviction order referred to in subsection (3) is void if, before the order becomes enforceable, the tenant pays to the landlord or to the Tribunal,

(a) the rent that is in arrears under the tenancy agreement;

(b) the additional rent that would have been due under the tenancy agreement as at the date of payment by the tenant had notice of termination not been given; and

(c) the costs ordered by the Tribunal.

Notice of void order

(5)  If before the eviction order becomes enforceable the tenant pays the amount specified in the order under clause (3) (b) to the Tribunal, an employee of the Tribunal shall issue a notice to the tenant and the landlord acknowledging that the eviction order is void under subsection (4).

Determination that full amount has been paid

(6)  If before the eviction order becomes enforceable the tenant pays the amount due under subsection (4) either in whole to the landlord or in part to the landlord and in part to the Tribunal, the tenant may make a motion to the Tribunal, without notice to the landlord, for an order determining that the tenant has paid the full amount due under subsection (4) and confirming that the eviction order is void under subsection (4).

Evidence

(7)  A tenant who makes a motion under subsection (6) shall provide the Tribunal with an affidavit setting out the details of any payments made to the landlord and with any supporting documents the tenant may have.

No hearing

(8)  The Tribunal shall make an order under subsection (6) without holding a hearing.

Motion by landlord

(9)  Within 10 days after an order is issued under subsection (6), the landlord may, on notice to the tenant, make a motion to the Tribunal to have the order set aside.

Order of Tribunal

(10)  On a motion under subsection (9), the Tribunal shall hold a hearing and shall,

(a) if satisfied that the tenant did not pay the full amount due under subsection (4) before the eviction order became enforceable, set aside the order made under subsection (6) and confirm that the eviction order is not void under subsection (4); or

(b) if satisfied that the tenant paid the full amount due under subsection (4) before the eviction order became enforceable, refuse to set aside the order made under subsection (6).

(18)  Clauses 77 (1) (a), (b) and (c) of the Act are repealed and the following substituted:

(a) the landlord previously applied to the Tribunal for an order terminating the tenancy or evicting the tenant;

(b) an order or a settlement mediated under section 181 with respect to the previous application imposed conditions on the tenant;

(c) among the conditions imposed by the order or settlement were conditions that, if not met by the tenant, would give rise to the same grounds for terminating the tenancy as were claimed in the previous application;

(d) the order or settlement provided that the landlord could apply under this section if the tenant did not meet the conditions described in clause (c); and

(e) the tenant has not met the conditions described in clause (c).

(19)  Subsection 83 (2) of the Act is repealed and the following substituted:

Same, default order

(2)  If the order of the Tribunal evicting the tenant is a default order, it shall take effect on the later of,

(a) the 11th day after the day the order is issued; and

(b) the date of termination set out in the notice of termination.

(20)  The Act is amended by adding the following section:

Expiry date of order

83.1  An order of the Tribunal evicting a person from a rental unit expires six months after the day on which the order takes effect if it is not filed within those six months with the sheriff who has territorial jurisdiction where the rental unit is located.

(21)  Clause 140 (3) (a) of the Act is repealed and the following substituted:

(a) sublet a rental unit for a rent that is payable by one or more subtenants and that is greater than the rent that is lawfully charged by the landlord for the rental unit.

(22)  Clause 140 (3) (b) of the Act is repealed.

(23)  Clause 140 (3) (c) of the Act is amended by striking out “or any portion of it”.

(24)  Subsection 154 (5) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.

(25)  The Act is amended by adding the following section:

Tribunal may refuse to proceed if money owing

182.1 (1)  Upon receiving information that an applicant owes money to the Tribunal as a result of having failed to pay any fine, fee or costs,

(a) if the information is received on or before the day the applicant submits an application, an employee of the Tribunal shall, in such circumstances as may be specified in the Rules, refuse to allow the application to be filed;

(b) if the information is received after the application has been filed but before a hearing is held, the Tribunal shall stay the proceeding until the fee, fine or costs have been paid and may discontinue the application in such circumstances as may be specified in the Rules;

(c) if the information is received after a hearing with respect to the application has begun, the Tribunal shall not issue an order until the fine, fee or costs have been paid and may discontinue the application in such circumstances as may be specified in the Rules.

Definition

(2)  In subsection (1),

“fine, fee or costs” does not include money that is paid in trust to the Tribunal pursuant to an order of the Tribunal and that may be paid out to either the tenant or the landlord when the application is disposed of.

(26)  Subsection 187 (1) of the Act is amended by striking out “or” at the end of clause (d), by adding “or” at the end of clause (e) and by adding the following clause:

(f) on its own motion and on notice to the parties, amend an application if the Tribunal considers it appropriate to do so and if amending the application would not be unfair to any party.

(27)  Paragraph 1 of subsection 192 (1) of the Act is repealed and the following substituted:

1. An application to terminate a tenancy or to evict a person, other than,

i. an application based in whole or in part on a notice of termination under section 65, or

ii. an application based in whole or in part on a notice of termination under subsection 62 (1) grounded on an illegal act, trade, business or occupation described in clause 62 (3) (a).

(28)  Section 192 of the Act is amended by adding the following subsections:

Default order officer

(1.1)  The Tribunal may designate one or more employees of the Tribunal as default order officers for the purposes of subsection (1.2).

Delegation

(1.2)  Despite subsection 157 (2), a default order officer may make an order under subsection (1) in accordance with the Rules.

Deemed order of Tribunal

(1.3)  An order made under subsection (1.2) shall be deemed to be an order of the Tribunal.

(29)  The Act is amended by adding the following section:

Electronic documents

198.1  Any document referred to in this Act and specified in the regulations or in the Rules may be created, signed, filed, provided, issued, sent, received, stored, transferred, retained or otherwise dealt with electronically if it is done in accordance with the regulations or the Rules.

(30)  Paragraph 1 of subsection 206 (2) of the Act is repealed and the following substituted:

1. Furnish false or misleading information in any material filed in any proceeding under this Act or provided to the Tribunal, an employee or official of the Tribunal, an inspector, an investigator, the Minister or a designate of the Minister.

(31)  Paragraph 3 of subsection 206 (2) of the Act is repealed and the following substituted:

3. Contravene an order of the Tribunal that,

i. orders a landlord to do specified repairs or other work within a specified time, or

ii. orders that a landlord, a superintendent or an agent of a landlord may not engage in any further activities listed in paragraphs 3 to 10 of subsection 32 (1) against any of the tenants in a residential complex.

(32)  Section 207 of the Act is amended by adding the following subsection:

Proof of making, Tribunal or Minister

(3)  The production by a person prosecuting a person for an offence under this Act of any order, certificate, statement or document, or of any record within the meaning of section 20 of the Statutory Powers Procedure Act, that appears to have been made, signed or issued by the Tribunal, the Minister, an employee of the Tribunal or an employee of the Ministry, or of any extract or copy of such an order, certificate, statement, document or record certified by the person that made it as a true extract or copy, shall be received as evidence that the order, certificate, statement, document or record was so made, signed or issued.

(33)  Subsection 208 (1) of the Act is amended by adding the following paragraph:

30.1 governing electronic documents for the purposes of section 198.1, including specifying the types of documents that may be dealt with electronically for the purposes of that section, regulating the use of electronic signatures in such documents and providing for the creating, filing, providing, issuing, sending, receiving, storing, transferring and retaining of such documents.

(34)  Subsection 224 (17) of the Act is repealed.

Commencement

Commencement

7.  (1)  This Schedule, except sections 3 and 6, comes into force on the day the Red Tape Reduction Act, 2000 receives Royal Assent.

Same

(2)  Sections 3 and 6 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE L

AMENDMENTS PROPOSED BY THE
MINISTRY OF NATURAL RESOURCES

Aggregate Resources Act

1.  (1)  Subsection 12 (2) of the Aggregate Resources Act, as enacted by the Statutes of Ontario, 1996, chapter 30, section 9, is amended by striking out “clause 15.1 (4) (a) or clause 40.1 (4) (a)” and substituting “clause 15.1 (5) (a) or clause 40.1 (5) (a)”.

(2)  Subsection 30 (3) of the Act is repealed and the following substituted:

Amendment of site plans

(3)  The Minister may at any time require a wayside permittee to amend the site plan.

Same

(4)  A wayside permittee may amend the site plan at any time with the approval in writing of the Minister.

Notice to municipalities

(5)  The Minister, after taking any action under subsection (2), (3) or (4), shall serve notice of what he or she has done, including reasons, on the permittee and, where applicable, on the clerk of the regional municipality or county, as the case may be, and on the clerk of the local municipality in which the site is located for their information.

(3)  Section 31 of the Act is amended by adding the following subsection:

Extension

(2)  The Minister may, before a wayside permit expires, extend the expiration date if the project has not been completed and requires more aggregate from the same site.

(4)  Subsection 34 (6) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 30, section 29, is repealed.

(5)  Subsection 48 (2) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 30, section 44, is repealed and the following substituted:

Minister’s order requiring rehabilitation

(2)  On being satisfied that a person is not performing or did not perform adequate progressive rehabilitation or final rehabilitation on the site in accordance with subsection (1), the Minister may order the person to perform, within a specified period of time, such progressive rehabilitation or final rehabilitation as the Minister considers necessary, and the person shall comply with the order.

(6)  The Act is amended by adding the following section:

Change of name or address

62.1  Every licensee and every permittee shall give notice in writing to the Minister and to the Aggregate Resources Trust of any change in the name or address of the licensee or permittee within 14 business days after the change.

Conservation Land Act

2.  (1)  The definition of “conservation body” in subsection 3 (1) of the Conservation Land Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 128, is amended by adding “or” at the end of clause (g) and by adding the following clause:

(h) any person or body prescribed by the regulations.

(2)  Subsection 3 (11) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 128, is repealed and the following substituted:

Regulations

(11)  The Minister may make regulations,

(a) prescribing persons or bodies for the purpose of clause (h) of the definition of “conservation body” in subsection (1);

(b) respecting those records, information, reports and returns with respect to easements and covenants that a conservation body holds under this section that the conservation body must keep, must open for inspection or must submit to the Minister or other person designated in the regulations.

Crown Forest Sustainability Act, 1994

3.  (1)  The definition of “forest resource” in section 3 of the Crown Forest Sustainability Act, 1994 is repealed and the following substituted:

“forest resource” means trees in a forest ecosystem, any other type of plant life prescribed by the regulations that is in a forest ecosystem, and parts of or residue from trees in a forest ecosystem. (“ressource forestière”)

(2)  The definition of “forest resource processing facility” in section 3 of the Act is amended by striking out “are initially processed” and substituting “are processed”.

(3)  Subsection 58 (3) of the Act is amended by striking out “one year after the act or omission” and substituting “two years after the act or omission”.

(4)  Section 60 of the Act is amended by adding the following subsection:

Expenses

(5.1)  Subject to subsection (9), the expenses incurred in seizing and detaining the forest resources or products shall be paid by the person from whom they are seized.

(5)  Subsection 60 (7) of the Act is amended by striking out “the market value of the forest resources or products and the expenses of the seizure” and substituting “the market value of the forest resources or products and the expenses incurred in seizing and detaining them”.

(6)  Subsection 60 (9) of the Act is repealed and the following substituted:

Expenses

(9)  The court may make such order as it considers proper as to the expenses incurred in seizing and detaining the forest resources or products.

(7)  Subsection 61 (1) of the Act is repealed and the following substituted:

Entry on private land

(1)  Subject to subsection (2), an employee or agent of the Ministry and any person accompanying him or her and acting under his or her instructions may, at all reasonable times and on producing proper identification,

(a) enter private land for the purposes of this Act if forest resources or products manufactured from forest resources are, or are reasonably believed to be, located or processed on the private land; or

(b) cross private land for the purpose of reaching a Crown forest.

(8)  Subsection 64 (1) of the Act, as amended by the Statutes of Ontario, 1996, chapter 14, section 1, is further amended by adding the following clause:

(h) contravenes any other provision of this Act or the regulations is guilty of an offence and is liable on conviction to a fine of not more than $100,000.

(9)  Paragraph 32 of subsection 69 (1) of the Act is repealed and the following substituted:

32. governing the harvesting and disposition of trees that are not in Crown forests but are reserved to the Crown, including requiring a licence for the harvesting or disposition of those trees and including making any provision of Part VII, except section 64, applicable, with such modifications as may be specified by the regulations, to the harvesting and disposition of those trees.

Forestry Act

4.  (1)  The definition of “forest tree pest” in section 1 of the Forestry Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule I, section 20, is amended by striking out “and that is designated as a forest tree pest in the regulations”.

(2)  Subsection 2 (6) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule I, section 20, is repealed and the following substituted:

Proceeds shared

(6)  The proceeds from any sale, lease or other disposition of land in respect of which grants have been made under subsection (2) or a predecessor provision shall be divided as the Minister directs between the conservation authority or municipality, as the case may be, and the Province of Ontario, with the conservation authority or municipality receiving not less than 50 per cent of the proceeds.

(3)  Subsection 5 (1) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule I, section 21, is repealed and the following substituted:

Establishing forestry programs

(1)  The Minister may establish programs to encourage forestry that is consistent with good forestry practices.

(4)  Subsection 11 (1) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule I, section 21, is amended by adding the following clause:

(a.1) requiring persons who are engaged in forest operations on land subject to the by-law to meet the same minimum qualifications that are established by the Forest Operations and Silviculture Manual under clause 68 (7) (c) of the Crown Forest Sustainability Act, 1994, with such modifications as may be approved by the Minister.

(5)  Section 20 of the Act, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule I, section 21, is repealed and the following substituted:

Approval of by-law by Minister

20.  A by-law passed under section 11, 12, 15 or 16 is not valid unless the Minister has approved the by-law in writing, before or after the by-law was passed.

Lakes and Rivers Improvement Act

5.  (1)  Subsection 17 (2) of the Lakes and Rivers Improvement Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule I, section 32, is amended by striking out “an inspector or”.

(2)  Section 23 of the Act is amended by adding the following subsection:

Management plan

(1.1)  Where a dam or other structure or work has been heretofore or is hereafter constructed on a lake or river and the Minister considers it necessary or expedient for the purposes of this Act, the Minister may order the owner of the dam or other structure or work to prepare a management plan for the operation of the dam or other structure or work in accordance with guidelines approved by the Minister and to operate the dam or other structure or work in accordance with the plan.

(3)  Subsection 28 (1) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule I, section 35, is amended by striking out “on summary conviction” in the portion after clause (d) and substituting “on conviction”.

(4)  Subsection 28 (2) of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule I, section 35, is amended by striking out “on summary conviction” in the portion after clause (c) and substituting “on conviction”.

Mining Act

6.  (1)  The heading to Part IV of the Mining Act is struck out and the following substituted:

PART IV

OIL, GAS AND UNDERGROUND STORAGE

(2)  The Act is amended by adding the following sections:

Storage leases

101.1  (1)  The Minister may issue storage leases for the temporary storage of hydrocarbons and other prescribed substances in underground formations on Crown land.

Same

(2)  A storage lease does not authorize the permanent disposal of any substance.

Overlapping licences and leases

101.2  Despite the definition of “Crown land” in section 1, the Minister may issue an exploration licence, production lease or storage lease under this Part in respect of land that is already subject to a licence or lease under this Part.

(3)  Section 102 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule I, section 40, is repealed and the following substituted:

Licence and lease regulations

102.  (1)  The Minister may make regulations,

(a) prescribing other substances for the purpose of section 101.1;

(b) respecting the tendering of exploration licence and storage lease rights;

(c) respecting the application for and issuance of exploration licences, production leases and storage leases;

(d) respecting the terms and conditions of exploration licences, production leases and storage leases;

(e) respecting exploration licence, production lease and storage lease rentals, royalties and other payments;

(f) respecting minimum exploration licence work requirements;

(g) respecting the transfer, assignment, surrender and termination of exploration licences, production leases and storage leases;

(h) respecting the disposition or tendering of exploration licence, production lease and storage lease rights on cancellation or termination of an exploration licence, production lease or storage lease.

Previous regulations

(2)  The regulations made by the Lieutenant Governor in Council under this section, as it read immediately before this subsection came into force, shall be deemed to have been made by the Minister under subsection (1).

Niagara Escarpment Planning
and Development Act

7.  (1)  The definition of “zoning by-law” in section 1 of the Niagara Escarpment Planning and Development Act is repealed and the following substituted:

“zoning by-law” means a by-law under section 34 of the Planning Act or any predecessor of that section. (“règlement municipal de zonage”)

(2)  Section 7 of the Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule N, section 4, is further amended by striking out “the minister of any affected ministry” and substituting “any affected ministry”.

(3)  Section 10 of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule N, section 4, is amended by adding the following subsections:

Public meetings during comment period

(1.1)  During the time for making comments, the Commission may hold public meetings to promote public discussion of the proposed amendments.

Notice of public meetings

(1.2)  The Commission shall give notice of public meetings held under subsection (1.1) in such manner as the Commission considers appropriate.

(4)  Subsection 10 (3) of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule N, section 4, is amended by striking out “objections” in both places where it occurs and substituting in each case “written objections”.

(5)  Section 11 of the Act is repealed and the following substituted:

Copies of amendments

11.  When the Niagara Escarpment Plan is amended, the Minister shall promptly provide a copy of the amendment to the Commission and to the clerk of every municipality that is affected by the amendment.

Commission to make Plan available

12.  The Commission shall make the Niagara Escarpment Plan available for public inspection.

(6)  Section 13 of the Act is repealed and the following substituted:

By-laws, etc., to conform to Plan

13.  (1)  Despite any other general or special Act, when the Niagara Escarpment Plan is in effect,

(a) no municipality or local board having jurisdiction in the Niagara Escarpment Planning Area, or in any part of the Area, and no ministry, shall undertake any improvement of a structural nature or any other development or undertaking within the Area if the improvement, development or undertaking is in conflict with the Niagara Escarpment Plan; and

(b) no municipality having jurisdiction in the Niagara Escarpment Planning Area, or in any part of the Area, shall pass a by-law for any purpose if it is in conflict with the Niagara Escarpment Plan.

Minister may deem by-law, etc.,
conforms to Plan

(2)  The Minister, upon the application of the council of a municipality having jurisdiction in the Niagara Escarpment Planning Area, or in any part of the Area, may in writing declare that a by-law, improvement or other development or undertaking of the municipality shall be deemed not to conflict with the Niagara Escarpment Plan, if the Minister is of the opinion that the by-law, improvement or other development or undertaking conforms with the general intent and purpose of the Plan.

(7)  Section 16 of the Act is amended by striking out “that conform to the Niagara Escarpment Plan and submit to the Minister of Municipal Affairs the local plan for approval or submit to the Ontario Municipal Board the zoning by-law or by-laws for approval, as the case requires” at the end and substituting “that conform to the Niagara Escarpment Plan, as the case requires, and, in the case of a local plan, submit it to the Minister of Municipal Affairs and Housing or the approval authority”.

(8)  Section 17 of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule N, section 4, is repealed and the following substituted:

Regular reviews of Plan

17.  (1)  The Minister shall cause a review of the Niagara Escarpment Plan to be undertaken not later than the earlier of the following dates:

1. The tenth anniversary of the date the Plan was confirmed or approved with modifications under subsection (4) following completion of the previous review.

2. The twelfth anniversary of the date the Minister established terms of reference under subsection (2) for the previous review.

Terms of reference

(2)  The Minister shall establish terms of reference for the review and the review shall be conducted in accordance with the terms of reference.

Procedure

(3)  Subject to the terms of reference and to subsection (4), the provisions of this Act relating to the amendment of the plan apply with necessary modifications to the review.

Decision of L. G. in C.

(4)  Following the completion of the review, the Minister shall submit a report on the review with his or her recommendations thereon to the Lieutenant Governor in Council, and the Lieutenant Governor in Council may confirm the Plan or may approve the Plan with any modifications that the Lieutenant Governor in Council considers desirable.

Effect of decision

(5)  The confirmed Plan or the modified Plan is the Niagara Escarpment Plan for the Niagara Escarpment Planning Area.

Transition

(6)  This section applies to the review that began on June 15, 1999 and to subsequent reviews.

(9)  Section 19 of the Act is repealed.

(10)  Section 24 of the Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule N, section 4, is further amended by adding the following subsection:

Agreements

(2.1)  The Minister may, as a condition of issuing a development permit, enter into an agreement with an owner of land, the agreement may be registered against the land and the Minister is entitled to enforce the provisions of the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any subsequent owners of the land.

(11)  Section 24 of the Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule N, section 4, is further amended by adding the following subsection:

Order to stop work, etc.

(6.1)  If a person undertakes any development that is in contravention of subsection (1) and the Minister has reasonable grounds to believe that the contravention is causing or is likely to cause a risk to public safety or significant environmental damage, the Minister may order the person to,

(a) stop work on the development;

(b) take such steps as the Minister considers necessary to protect public safety or prevent environmental damage, within such time as the order specifies.

(12)  Subsection 24 (7) of the Act is amended by striking out “under subsection (6)” and substituting “under subsection (6) or (6.1)”.

(13)  Section 24 of the Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule N, section 4, is further amended by adding the following subsections:

Offence

(7.1)  Every person who contravenes an order made under subsection (6) or (6.1) is guilty of an offence and on conviction is liable,

(a) on a first conviction, to a fine of not more than $10,000 for each day or part of a day on which the contravention continued; and

(b) on a subsequent conviction, to a fine of not more than $25,000 for each day or part of a day on which the contravention continued.

Penalty for corporation

(7.2)  Despite subsection (7.1), if a corporation is convicted of an offence under subsection (7.1), the maximum penalty that may be imposed is,

(a) on a first conviction, a fine of not more than $25,000 for each day or part of a day on which the contravention continued; and

(b) on a subsequent conviction, a fine of not more than $50,000 for each day or part of a day on which the contravention continued.

(14)  Subsection 24 (8) of the Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule N, section 4, is repealed and the following substituted:

Delegation of authority

(8)  Subject to subsection (9), where the Minister has delegated his or her authority under section 25, the delegate has, in lieu of the Minister, all the powers and rights of the Minister under this section.

Same

(9)  Subsection (8) does not apply to the powers and rights of the Minister under subsection (6.1) unless the delegate is the Commission or the director of the Commission.

(15)  Subsection 25 (4) of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule N, section 4, is amended by striking out “may make a decision” and substituting “may make a decision in accordance with the Niagara Escarpment Plan”.

(16)  Subsection 25 (5) of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule N, section 4, is amended by striking out “by giving the Minister a written notice of appeal” and substituting “by giving the delegate a written notice of appeal”.

(17)  Subsection 25 (8) of the Act is amended by striking out “Where the Minister receives one or more notices of appeal” and substituting “Where the delegate receives one or more notices of appeal”.

(18)  Subsection 25 (9) of the Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule N, section 4, is further amended by striking out “the Minister receives one or more notices of appeal” and substituting “the delegate receives one or more notices of appeal”.

(19)  Section 25 of the Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule N, section 4, is further amended by adding the following subsections:

Agreement on terms and conditions

(12.1)  The decision of the delegate shall be deemed to be confirmed if,

(a) the decision of the delegate was a decision to issue a development permit;

(b) the parties who appeared at the hearing have agreed on all of the terms and conditions that should be included in the development permit and all of these terms and conditions are set out in the report of the officer under subsection (11); and

(c) the opinion of the officer expressed in his or her report under subsection (11) is that, if the decision of the delegate included the terms and conditions referred to in clause (b), the decision would be correct and should not be changed.

Same

(12.2)  If subsection (12.1) applies, the decision of the delegate shall be deemed to be a decision to issue the development permit with the terms and conditions referred to in clause (12.1) (b).

(20)  Subsection 25 (13) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule N, section 4, is amended by striking out “Subsection (12) does not apply” and substituting “Subsections (12) and (12.1) do not apply”.

(21)  Subsection 25 (14) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule N, section 4, is amended by striking out “If subsection (12) does not apply” and substituting “If the decision of the delegate has not been deemed to be confirmed under subsection (8.3), (9), (10.2), (12) or (12.1)”.

(22)  Section 26 of the Act is amended by adding the following subsection:

SPPA applies

(4.1)  The Statutory Powers Procedure Act applies to a hearing held under subsection (4).

(23)  Subsection 26 (5) of the Act is repealed and the following substituted:

Report

(5)  Within 30 days after the conclusion of the hearing or within such longer period as the Minister may permit, the officer appointed shall report to the Minister a summary of the representations made, together with his or her opinion on the merits of the application for the development permit.

Oil, Gas and Salt Resources Act

8.  (1)  Subsection 17 (4) of the Oil, Gas and Salt Resources Act, as enacted by the Statutes of Ontario, 1994, chapter 27, section 131, is repealed.

(2)  Section 19 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 30, section 70, is amended by adding the following subsection:

Directors and officers

(3.1)  If a corporation commits an offence under subsection (2), every director or officer of the corporation who directed, authorized, assented to, acquiesced in, or participated in the commission of the offence is guilty of the offence and on conviction is liable to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

Public Lands Act

9.  (1)  Section 10 of the Public Lands Act is repealed.

(2)  Subsection 13 (3) of the Act is amended by striking out “and on conviction is liable to a fine of not more than $5,000”.

(3)  Subsection 14 (4) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule N, section 4, is amended by striking out “and on conviction is liable to a fine of not more than $5,000”.

(4)  Subsection 24 (9) of the Act is repealed and the following substituted:

Offence

(9)  Every person who refuses to obey any such order or warrant, or who resists, obstructs or interferes with any person executing it, or who again returns to the land, is guilty of an offence and on conviction is liable,

(a) to a fine of not more than $10,000 and to an additional fine of not more than $1,000 for each day during which the offence continues; and

(b) to imprisonment for a term of not more than six months.

(5)  Section 27 of the Act is amended by adding the following subsection:

Offence

(3)  A person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $10,000 and to an additional fine of not more than $1,000 for each day that the material, substance or thing remained on the public lands.

(6)  Subsection 28 (2) of the Act is amended by striking out “and on conviction is liable to a fine of not more than $500”.

(7)  Subsections 38 (7), (8) and (9) of the Act are repealed.

(8)  Clause 47 (b) of the Act is repealed and the following substituted:

(b) prohibiting or regulating the use or occupation of or the kinds of activities carried on upon public lands.

(9)  Subsection 52 (5) of the Act is amended by striking out “and on conviction is liable to a fine of not more than $500”.

(10)  Part II of the Act is amended by adding the following section:

Stopping up certain roads

55.1  (1)  In addition to the powers of the Lieutenant Governor in Council under section 318 of the Municipal Act, the Minister may, by order,

(a) stop up any road that has been dedicated to public use by the Crown and is not within a municipality; or

(b) stop up any road allowance that was laid out by a Crown surveyor and that is not within a municipality.

Notice

(2)  The Minister shall not make an order under subsection (1) unless the Minister has given notice, in such manner as the Minister considers appropriate, to those persons that the Minister considers will be affected by the proposed order.

Soil and freehold

(3)  The Minister may sell, lease or otherwise dispose of the soil and freehold of any road or road allowance that has been stopped up under subsection (1).

(11)  Subsection 65 (4) of the Act is amended by striking out “and on conviction is liable to a fine of not more than $100”.

(12)  Section 70 of the Act is repealed and the following substituted:

Offence

70.  Except where otherwise provided, every person who contravenes this Act or the regulations is guilty of an offence and on conviction is liable to a fine of not more than $10,000 and to an additional fine of not more than $1,000 for each day during which the offence continues.

Order for compliance

70.1  In any prosecution under this Act, the court may, in addition to imposing a fine or imprisonment or making any other order authorized by this Act, make such order as the court considers proper to obtain compliance with this Act or the regulations.

Limitation period

70.2  A proceeding in respect of an offence under this Act shall not be commenced more than two years after the date on which the offence was, or is alleged to have been, committed.

Commencement

Commencement

10.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Red Tape Reduction Act, 2000 receives Royal Assent.

Same

(2)  Subsection 4 (5) shall be deemed to have come into force on December 18, 1998.

SCHEDULE M

AMENDMENTS PROPOSED BY THE MINISTRY OF NORTHERN DEVELOPMENT AND MINES

Mining Act

1.  Subsection 26 (3) of the Mining Act is amended by inserting “or revoke” after “suspend”.

2.  Section 28 of the Act is amended by adding the following subsections:

Application under other Act

(2)  A licensee may stake out a mining claim with respect to any minerals or rights that no applicant is specifically requesting to acquire in an application accepted under the Public Lands Act or any other Act.

Priority of application

(3)  If an applicant is specifically requesting to acquire minerals or rights in an application accepted under the Public Lands Act or any other Act, the application shall have priority over any mining claim staked during the time that the application is pending.

Addition to mining claim

(4)  If the application lapses, is withdrawn or is not accepted or approved, a mining claim staked during the time that the application was pending shall be deemed to be amended to include the minerals and rights that were the subject of the application, as if the application had never existed.

3.  (1)  Clause 30 (b) of the Act is repealed and the following substituted:

(b) for which an application brought in good faith is pending in the Ministry of Natural Resources under the Public Lands Act or any other Act, and in which the applicant may acquire the minerals that are included in the application; or

. . . . .

(2)  Section 30 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 134, is further amended by adding “or” at the end of clause (f) and by adding the following clause:

(g) until the proceeding has been finally determined, in the case of a proceeding that the Commissioner certifies is pending in a court in respect of the land.

(3)  Section 30 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 134, is further amended by adding the following subsection:

Exclusion of time

(2)  If a proceeding described in clause (1) (g) is pending in a court, the Commissioner, the recorder or the Minister may make an order for an exclusion of time with respect to the mining claim.

4.  Subsection 41 (5) of the Act is repealed and the following substituted:

Restriction on transfer, etc.

(5)  A licence or the term or terms that it creates shall not be transferred, mortgaged, charged, sublet or made subject to a debenture without the written consent of the Minister or an officer duly authorized by the Minister.

5.  Subsection 43 (1) of the Act is amended by inserting “and the regulations” after “Act”.

6.  Subclause 48 (5) (c) (ii) of the Act is repealed and the following substituted:

(ii) after a dispute has already been entered against the claim.

7.  Section 65 of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 16 and 1999, chapter 12, Schedule O, section 27, is further amended by adding the following subsection:

No dispute

(5)  The recorder shall not receive and file, or record against a mining claim, any dispute relating to the validity of any assessment work, for which a report has been filed under subsection (2) and that was performed on the claim or on mining lands that are contiguous to the claim or that the dispute alleges are not contiguous to the claim.

8.  Subsection 67 (5) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 18, is repealed and the following substituted:

Special circumstances

(5)  Despite anything in this Act, if the Minister is of the opinion that special circumstances exist, the Minister may, by order,

(a) exclude the time or extend the time within which work on a mining claim must be performed or reported, or both, or within which application and payment for lease may be made; and

(b) fix the anniversary date or dates by which the next or any subsequent periods of work must be performed or reported, or both, or by which application and payment for lease may be made.

9.  Section 72.1 of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule O, section 30, is repealed and the following substituted:

Notice of re-opening

72.1  (1)  The recorder shall forthwith record the words “Cancelled/Annulé” with respect to a mining claim affected by forfeiture or loss of rights and post a notice of re-opening.

Re-staking

(2)  Unless they have been withdrawn from prospecting or staking, lands, mining rights or mining claims affected by a forfeiture or a loss of rights are open for staking from 8 a.m. standard time on the day after the posting of the notice of re-opening.

10.  Subsection 76 (4) of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule O, section 33, is repealed and the following substituted:

Notice of re-opening

(4)  When a claim is cancelled under this section, the recorder shall forthwith post a notice of re-opening and, unless they have been withdrawn from prospecting or staking, the land or mining rights are open for prospecting and staking from 8 a.m. standard time on the day after the posting of the notice.

11.  Clause 78 (3) (a) of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule O, section 34, is repealed and the following substituted:

(a) the holder files with the recorder the following evidence establishing that the holder gave the required notice: a certificate in the prescribed form and all further evidence that the recorder may require.

12.  Subsection 81 (14) of the Act is repealed and the following substituted:

Restriction on transfer, etc.

(14)  A lease, a renewal of lease or the term or terms that a lease creates shall not be transferred, mortgaged, charged, sublet or made subject to a debenture without the written consent of the Minister or an officer duly authorized by the Minister.

13.  Section 82 of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 22 and 1999, chapter 12, Schedule O, section 36, is further amended by adding the following subsection:

Restriction on transfer, etc.

(10)  A lease, a renewal of lease or the term or terms that a lease creates shall not be transferred, mortgaged, charged, sublet or made subject to a debenture without the written consent of the Minister or an officer duly authorized by the Minister.

14.  Section 170 of the Act is amended by striking out “Ontario Court (Provincial Division)” and substituting “Ontario Court of Justice”.

15.  Section 188 of the Act is repealed and the following substituted:

Date of payment of tax

188.  The tax imposed for each year is payable no later than 60 days from the date of the notice of tax payable.

16.  Subsection 202 (1) of the Act is repealed and the following substituted:

Compromise of tax

(1)  Where a doubt arises as to the liability of a person to pay a tax or any part of a tax, the Minister may,

(a) compromise the matter by the acceptance of an amount that the Minister considers proper; and

(b) if the tax imposed has been paid under protest, refund the tax or any part of it or give a tax credit to the person making the payment under protest.

17.  The following provisions of the Act are amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”:

1. Subsection 67 (2), as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 18.

2. Subsection 106 (1), section 107, subsection 111 (3), sections 124 and 125, subsections 127 (1) and (2) and sections 128 and 132.

3. Clause 153.2 (1) (b), as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 28.

4. Subsection 167 (3), as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule O, section 30.

5. Subsection 179 (1).

Transitional

18.  (1) Subsection 39 (1) of Schedule O to the Savings and Restructuring Act, 1996 is repealed and the following substituted:

Transition, existing projects

(1)  A closure plan accepted by the Director before the day this section comes into force under Part VII of the Act, as it read immediately before that day, shall be deemed to have been filed as a certified closure plan under Part VII of the Act, as amended by this Schedule.

(2)  Clause 39 (2) (a) of Schedule O to the Act is amended by inserting “as a certified closure plan” after “filed”.

(3)  Section 39 of Schedule O to the Act is amended by adding the following subsection:

Same

(2.1)  Despite Part VII of the Act, as it read immediately before this section comes into force, if, under clause (2) (a), the Director accepts the proponent’s proposal with respect to the form and amount of the financial assurance, the proponent shall, within 90 days of the day this section comes into force,

(a) deliver the financial assurance to the Director; or

(b) file with the Director a certified amendment of compliance with the corporate financial test mentioned in paragraph 5 of subsection 145 (1) of the Act, as re-enacted by this Schedule.

Commencement

Commencement

19.  This Schedule comes into force on the 20th day after the day the Red Tape Reduction Act, 2000 receives Royal Assent.

SCHEDULE N

AMENDMENTS AND REPEALS PROPOSED BY THE MINISTRY OF TRAINING, COLLEGES
AND UNIVERSITIES

Ontario Training and
Adjustment Board Act, 1993

1.  (1)  The Ontario Training and Adjustment Board Act, 1993 is repealed.

(2)  All assets and liabilities of the Ontario Training and Adjustment Board are transferred to and assumed by the Crown in right of Ontario.

Private Vocational Schools Act

2.  Subsection 2 (1) of the Private Vocational Schools Act is amended by striking out “Lieutenant Governor in Council” at the end and substituting “Minister”.

Commencement

Commencement

3.  This Schedule comes into force on the day the Red Tape Reduction Act, 2000 receives Royal Assent.

SCHEDULE O

AMENDMENTS PROPOSED BY THE
MINISTRY OF TRANSPORTATION

Highway Traffic Act

1.  Clause 41 (5) (a) of the Highway Traffic Act is amended by striking out “section 736 of the Criminal Code (Canada)” and substituting “section 730 of the Criminal Code (Canada)”.

2.  Clause 42 (4) (a) of the Act is amended by striking out “section 736 of the Criminal Code (Canada)” and substituting “section 730 of the Criminal Code (Canada)”.

3.  (1)  Clause 50.2 (7) (b) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 5, is amended by inserting “on behalf of” after “shall pay”.

(2)  The definition of “owner” in subsection 50.2 (11) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 5, is repealed and the following substituted:

“owner” means each person whose name appears on the certificate of registration for the vehicle but in subsection (4) “owner” means the person whose name appears on the plate portion of a permit in cases where the certificate of registration consists of a vehicle portion and a plate portion and different persons are named on each portion. (“propriétaire”)

4.  Section 52 of the Act is repealed and the following substituted:

Service of notice of licence suspension

52.  (1)  Where a person’s driver’s licence is suspended, notice of the suspension is sufficiently given if delivered personally or,

(a) in the case of a suspension under section 41 or 42, sent by registered mail addressed to the person to whom the licence was issued at the latest current address of the person appearing on the records of the Ministry;

(b) in the case of all other suspensions, sent by mail addressed to the person to whom the licence was issued at the latest current address of the person appearing on the records of the Ministry.

Deemed date of service

(2)  Notice sent by registered mail under clause (1) (a) or by mail under clause (1) (b) shall be deemed to have been given on the seventh day after the mailing unless the person to whom the notice is sent establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond his or her control, receive the notice.

Regulations

(3)  The Lieutenant Governor in Council may make regulations,

(a) prescribing other methods of service that may be used in the case of a suspension described in clause (1) (a) or a suspension described in clause (1) (b) and prescribing the day on which the notice sent or delivered by such other means shall be deemed to have been given;

(b) prescribing means of proving that a notice was given by a method permitted by subsection (1) or by a method permitted by regulation.

5.  (1)  The definition of “owner” in subsection 55.1 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 8, is repealed and the following substituted:

“owner” means the person whose name appears on the certificate of registration for the vehicle, and, where the certificate of registration for the vehicle consists of a vehicle portion and a plate portion and different persons are named on each portion, means,

(a) in subsections (5), (8) and (14), the person whose name appears on the vehicle portion, and

(b) in subsections (3), (5), (6), (8), (10), (11), (12), (13), (14), (16), (18.1) and (21), the person whose name appears on the plate portion. (“propriétaire”)

(2)  Subsection 55.1 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 8, is amended by striking out “41 or 42” in the portion before clause (a) and substituting “41, 42 or 43”.

(3)  Section 55.1 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 8 and amended by 1999, chapter 12, Schedule G, section 24 and 1999, chapter 12, Schedule R, section 11, is further amended by adding the following subsections:

Release of vehicle before end of
impound period

(14.1)  Despite any order to impound issued under this section, the Registrar may, on application by a person belonging to a class of persons prescribed by regulation, release an impounded motor vehicle of a prescribed class prior to the end of the impound period specified in the order on such conditions as he or she considers just.

Consequence of order to release

(14.2)  Where an order to release is made under subsection (14.1), the order to impound shall not be considered a previously made order to impound for the purposes of subsection (3) or subsection 50.2 (4).

(4)  Section 55.1 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 8 and amended by 1999, chapter 12, Schedule G, section 24 and 1999, chapter 12, Schedule R, section 11, is further amended by adding the following subsections:

Release to holder of vehicle portion

(16.1)  Despite subsection (16), the holder of the vehicle portion of a certificate of registration may apply to the Registrar for the motor vehicle to be released to that holder upon the expiry of the period of impoundment, rather than to the holder of the plate portion, and the Registrar may order the motor vehicle released to the applicant on such conditions as he or she considers appropriate.

Rescission of previously made order

(16.2)  Where the Registrar decides to make an order under subsection (16.1), he or she may rescind any order previously made with respect to the motor vehicle under subsection (16).

Obligations of holder of vehicle portion

(16.3)  An order under subsection (16.1) has the effect of making the applicant liable for meeting the owner’s obligations under subsection (18.1).

(5)  Subsection 55.1 (17) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 8, is repealed and the following substituted:

Costs to be paid before release

(17)  Despite being served with an order under subsection (14.1), (16) or (16.1), the person who operates the impound facility is not required to release the motor vehicle to the person named in the order until the removal and impound costs related to the order to impound have been paid.

(6)  Section 55.1 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 8 and amended by 1999, chapter 12, Schedule G, section 24 and 1999, chapter 12, Schedule R, section 11, is further amended by adding the following subsections:

Impound costs

(18.1)  The costs incurred by the person who operates the impound facility in respect of an order to impound under this section are a debt due by the owner and the driver of the motor vehicle at the time the order was made to the person, for which the owner and the driver are jointly and severally liable, and the debt may be recovered in any court of competent jurisdiction.

Defence

(18.2)  It is a defence to an action referred to in subsection (18.1) that the owner sold or transferred the motor vehicle to another person prior to the date of the order to impound.

(7)  Section 55.1 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 8 and amended by 1999, chapter 12, Schedule G, section 24 and 1999, chapter 12, Schedule R, section 11, is further amended by adding the following subsection:

Holder of vehicle portion may
recover costs

(21.1)  The holder of the plate portion of the permit and the driver of the motor vehicle at the time the order to impound was made are jointly and severally liable to the holder of the vehicle portion of the permit who obtains an order under subsection (16.1) for any costs or losses incurred in connection with the order, and the costs and losses may be recovered in any court of competent jurisdiction.

(8)  Section 55.1 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 8 and amended by 1999, chapter 12, Schedule G, section 24 and 1999, chapter 12, Schedule R, section 11, is further amended by adding the following subsection:

Decision without hearing is final

(27.1)  The Registrar shall assess applications made under subsections (14.1) and (16.1) without a hearing and the Registrar’s decision is final.

(9)  Subsection 55.1 (28) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 12, section 8 and amended by 1999, chapter 12, Schedule G, section 24 and 1999, chapter 12, Schedule R, section 11, is further amended by adding the following clauses:

(i) prescribing classes of persons and motor vehicles for the purposes of subsection (14.1) and specifying eligibility criteria;

(j) prescribing rules, time periods and procedures with respect to applications under subsection (14.1).

6.  Subsection 110 (1) of the Act is repealed and the following substituted:

Permits

(1)  The municipal corporation or other authority having jurisdiction over the highway may, upon application in writing, grant a permit for use of the highway by a vehicle or combination of vehicles in excess of the dimensional limits set out in section 109 or the weight limits set out in Part VIII in order to allow the movement of,

(a) a load, object or structure that cannot reasonably be divided and moved within those limits;

(b) a vehicle that cannot reasonably be divided and moved within those limits and that is not itself carrying a load, object or structure or drawing or carrying a vehicle;

(c) a vehicle or combination of vehicles that is used exclusively to move a load, object or structure or to draw or carry a vehicle as described in clauses (a) and (b).

7.  The Act is amended by adding the following sections:

Special permits

110.1  (1)  For the purposes set out in subsection (2), the Registrar may, upon application in writing, issue a permit allowing the operation of a vehicle or combination of vehicles that does not comply with,

(a) one or more of the dimensional limits set out in section 109 or a regulation prescribing the configuration, weight and dimensions made for the purpose of subsection 109 (7.1), (8.1) or (10.2); or

(b) one or more of the weight limits set out in Part VIII or a regulation made under that Part.

Purposes for issuing special permits

(2)  A permit may be issued under subsection (1),

(a) to harmonize the rules and limits with respect to configurations, weights and dimensions applicable to a class of vehicles or combination of vehicles with those of any other jurisdiction;

(b) to allow a trial of a vehicle or combination of vehicles;

(c) to allow a variance from a limit within a geographic area or along routes specified by the Registrar for the movement of a commodity or commodities;

(d) to allow the use of a vehicle or combination of vehicles for a purpose or in circumstances described in the regulations.

Classes of permit

(3)  The Registrar may establish different classes of permits for different classes of vehicles or combinations of vehicles.

Refusal of special permit

(4)  The Registrar may refuse to issue a permit under subsection (1) if the vehicle or combination of vehicles is eligible to be considered for a permit under subsection 110 (1), whether or not the applicant has been refused a permit under that subsection.

Qualifications

(5)  The Registrar may establish qualifications for applicants for a permit under subsection (1).

Limited number of permits

(6)  The Registrar may limit the number of permits of any class, may adopt any reasonable scheme for allotting the permits within a class and may refuse to issue a permit because the maximum number of permits for the class has already been issued or in accordance with the terms of the allotment scheme.

Conditions

(7)  The Registrar may attach conditions to a permit that he or she issues as he or she considers appropriate.

Onus

(8)  The onus is on the applicant to establish that a permit should be granted and the Registrar may refuse any application unless he or she is satisfied that the permit should be granted.

Submissions and decision

(9)  The Registrar shall consider an applicant’s submissions relating to the issuance of a permit and the conditions that attach to the permit, but shall not hold a hearing into the matter, and the Registrar’s decision is final.

Fees

(10)  The Registrar may set fees for the issuance, renewal and replacement of permits issued under this section.

Same

(11)  The Registrar may set different fees and different validity periods for different classes of vehicles, combinations of vehicles or persons and may exempt classes of vehicles, combinations of vehicles or persons from fees.

Carrying and production of permit

110.2  (1)  A driver of the vehicle or combination of vehicles in respect of which a permit is issued under section 110.1 shall carry the permit or a copy of it, as specified in the permit, in the vehicle or combination of vehicles and shall produce it on the demand of a police officer or other officer appointed for carrying out the provisions of this Act.

Effect of failure to produce permit

(2)  If the permit or copy is not produced in response to a demand under subsection (1), the permit does not apply to the vehicle or combination of vehicles, and the vehicle or combination of vehicles is subject to the dimensional and weight limits that apply as if no permit had been issued.

Offences

(3)  Every person who operates or permits the operation of a vehicle or combination of vehicles contrary to any of the conditions of the permit is guilty of an offence and on conviction,

(a) where no condition with respect to weight is breached, is liable to a fine of not less than $200 and not more than $20,000;

(b) where the only condition breached is one with respect to weight, is liable to any fine assessed in accordance with section 125; and

(c) where more than one condition is breached and one of the conditions breached is a condition with respect to weight, is liable to a fine of not less than $200 and not more than $20,000, in addition to any fine assessed in accordance with section 125.

Suspension, etc., of permit

110.3  (1)  The Registrar may suspend, refuse to renew, modify or cancel a permit issued under section 110.1 on the grounds of,

(a) breach of the conditions of the permit or of any other permit held by the holder under that section;

(b) false or incomplete information in the application for the permit or its renewal or for any other permit held by the holder under that section; or

(c) an outstanding fee in respect of the permit or any other permit held by the holder under that section, or an outstanding penalty or interest in respect of the fee.

Notice of proposed action

(2)  Before taking an action under subsection (1), the Registrar shall notify the permit holder of the proposed action and give the holder an opportunity to make written submissions about the proposed action, and the holder has 15 days from actual or deemed receipt of the notice to make submissions.

Method of giving notice

(3)  Notice under subsection (2) is sufficiently given if,

(a) it is delivered by mail addressed to the permit holder at the latest address for the person appearing on the records of the Ministry;

(b) it is sent by fax to the person at the latest fax number provided by the person to the Ministry; or

(c) it is sent by other means prescribed by the regulations.

Same

(4)  Unless the person establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice,

(a) notice given by mail shall be deemed to have been received on the fifth day after it was mailed;

(b) notice given by fax shall be deemed to have been received on the first business day after it was sent; or

(c) notice given by a means prescribed by the regulations shall be deemed to have been received on the day prescribed by the regulations.

Submissions and decision

(5)  The Registrar shall consider submissions, but shall not hold a hearing into the matter, and the Registrar’s decision is final.

Additional power of Registrar to suspend, etc.

110.4  (1)  In addition to taking action under subsection 110.3 (1) for a ground listed in that subsection, the Registrar may take action under that subsection with respect to all of the permits of a given class, where in his or her opinion,

(a) the action eliminates or reduces any threat to highway safety;

(b) the action eliminates or reduces any unreasonable wear or damage to the highways and the supporting infrastructure; or

(c) the original reason for granting permits of that class under subsection 110.1 (1) no longer exists or is not the same due to a change of circumstances.

Notice of proposed action

(2)  Before taking an action under subsection (1), the Registrar shall notify each permit holder of the proposed action and shall give the holders an opportunity to make written submissions about the proposed action, and the holder has 15 days from actual or deemed receipt of the notice to make submissions.

Method of giving notice

(3)  Notice under subsection (2) is sufficiently given if,

(a) it is delivered by mail addressed to the permit holder at the latest address for the person appearing on the records of the Ministry;

(b) it is sent by fax to the person at the latest fax number for the person provided by the person to the Ministry; or

(c) it is sent by other means prescribed by the regulations.

Same

(4)  Unless the person establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive the notice,

(a) notice given by mail shall be deemed to have been received on the fifth day after it was mailed;

(b) notice given by fax shall be deemed to have been received on the first business day after it was sent;

(c) notice given by a means prescribed by the regulations shall be deemed to have been received on the day prescribed by the regulations.

Submissions and decision

(5)  The Registrar shall consider submissions, but shall not hold a hearing into the matter, and the Registrar's decision is final.

8.  Subsection 114 (1) of the Act is amended by adding the following definition:

“liftable axle” means an assembly of two or more wheels whose centres are in one transverse vertical plane that is equipped with a device for altering (other than by longitudinal movement of the assembly only) the weight transmitted to the highway surface and that may be able to lift its tires from contact with that surface. (“essieu relevable”)

9.  (1)  Subsection 116 (1) of the Act is amended by striking out “unless exempted under the regulations” in the portion before clause (a).

(2)  Section 116 of the Act is amended by adding the following subsections:

Other weights set by regulation

(1.1)  The Lieutenant Governor in Council may make regulations prescribing axle unit weight limits other than those specified or referred to in subsection (1) for any prescribed axle unit on any prescribed class or classes of vehicle or combination of vehicles and, for that purpose, prescribing axle units and classes of vehicles and combinations of vehicles.

Where weights set by regulation apply

(1.2)  An axle unit weight limit prescribed under subsection (1.1) applies instead of the weights specified or referred to in subsection (1) for a prescribed axle unit on a vehicle or combination of vehicles in a class prescribed under subsection (1.1).

10.  (1)  Section 117 of the Act is amended by striking out “unless exempted under the regulations” in the portion before clause (a).

(2)  Section 117 of the Act is amended by adding the following subsections:

Other weights set by regulation

(2)  The Lieutenant Governor in Council may make regulations prescribing axle group weight limits other than those specified or referred to in subsection (1) for any prescribed axle group on any prescribed class or classes of vehicle or combination of vehicles and, for that purpose, prescribing axle groups and classes of vehicles and combinations of vehicles.

Where weights set by regulation apply

(3)  An axle group weight limit prescribed under subsection (2) applies instead of the weights specified or referred to in subsection (1) for a prescribed axle group on a vehicle or combination of vehicles in a class prescribed under subsection (2).

11.  (1)  Section 118 of the Act is amended by striking out “unless exempted under the regulations” in the portion before clause (a).

(2)  Section 118 of the Act is amended by adding the following subsection:

Interpretation

(2)  Where subsection (1) refers to a weight under or set out in section 116 or 117, the reference includes a weight specified by regulation under subsection 116 (1.1) or 117 (2).

12.  Section 125 of the Act is amended by adding the following subsections:

Circumstances where additional fines apply

(2)  A person is liable to a fine, in addition to any fine to which the person is liable under subsection (1) or clause 110.2 (3) (b) or (c), of not less than $200 and not more than $1,000, under the circumstances set out in subsection (3) or (4) unless the vehicle involved belongs to a class of vehicles or combination of vehicles prescribed by the regulations.

Same

(3)  A person is liable in accordance with subsection (2) if,

(a) a liftable axle on a vehicle or combination of vehicles is lifted; and

(b) the person is convicted of an offence under subsection (1) or clause 110.2 (3) (b) or (c),

unless,

(c) the offence occurred while the vehicle or combination of vehicles was reversing;

(d) there were no wheels on the axle;

(e) the axle was lifted in compliance with a regulation; or

(f) the axle was reasonably required to be lifted in order to prepare for and carry out completely a safe turn at an intersection or onto or off a highway ramp.

Same

(4)  A person is liable in accordance with subsection (2) if,

(a) the person is convicted of an offence referred to in subsection (1) or clause 110.2 (3) (b) or (c); and

(b) a liftable axle on the vehicle or combination of vehicles was deployed in such an improper manner that it caused or aggravated the offence.

13.  Section 127 of the Act, as amended by the Statutes of Ontario, 1993, chapter 34, section 4, is repealed and the following substituted:

Regulations

127.  The Lieutenant Governor in Council may make regulations,

(a) describing purposes and circumstances for the purposes of clause 110.1 (2) (d);

(b) prescribing other means of giving notice for the purposes of subsections 110.3 (3) and 110.4 (3), prescribing rules in relation to giving notice by such means and prescribing the day on which notice shall be deemed to have been received when such means are used;

(c) prescribing maximum allowable gross vehicle weights for the purposes of section 118;

(d) exempting classes of vehicles or combinations of vehicles from any provision of this Part and prescribing the weights that are applicable to the exempted vehicles;

(e) exempting classes of vehicles or combinations of vehicles for the purposes of subsection 125 (2);

(f) specifying vehicles or combinations of vehicles to which section 118 does not apply and prescribing an alternative means of calculating maximum allowable gross weight;

(g) prescribing maximum allowable weight on a part of a vehicle or combination of vehicles, including weight on a vehicle that forms part of a combination of vehicles;

(h) prescribing maximum allowable loads on vehicles or components of vehicles consistent with the vehicle manufacturer’s ratings for the vehicle or components;

(i) providing for the identification and marking of vehicles or any class or classes of vehicle and specifying what class of persons may make such an identification or marking.

14.  Clause 175 (6) (c) of the Act is repealed and the following substituted:

(c) while the bus is stopped for a purpose set out in clause (a) on a highway, shall continue to operate the overhead red signal-lights and stop arm until the passengers have been received or discharged and until all passengers having to cross the highway have completed the crossing.

Commencement

Commencement

15.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Red Tape Reduction Act, 2000 receives Royal Assent.

Same

(2)  Subsection 5 (3) and sections 6, 7, 8, 9, 10, 11, 12 and 13 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE P

WINE CONTENT AND LABELLING ACT, 2000

Purpose

1.  The purpose of this Act is to establish minimum content and labelling standards for the manufacture of wine in Ontario.

Definitions

2.  In this Act,

“grape product” means grape concentrate, grape juice, grape must or wine; (“produit du raisin”)

“wine” means an alcoholic beverage produced by the complete or partial alcoholic fermentation of fresh grapes, or of products derived solely from fresh grapes, or both; (“vin”)

“winery” means a person licensed as a manufacturer under the Liquor Licence Act or a person manufacturing wine in Ontario for the purpose of sale. (“établissement vinicole”)

Permission to keep and sell wine

3.  Despite any provision of the Liquor Licence Act and the Liquor Control Act, a manufacturer licensed under the Liquor Licence Act may,

(a) keep for sale or sell wine manufactured using imported grapes or grape product to the Liquor Control Board of Ontario;

(b) keep for sale and sell wine manufactured using imported grapes or grape product under the supervision and control of the Liquor Control Board of Ontario.

Administration of Act by designated body

4.  (1)  The Lieutenant Governor in Council may, by regulation, designate one or more bodies for the purpose of administering this Act and the regulations made under it, or any part of them, and may make regulations,

(a) governing the designation, including prescribing the conditions that must be met before the designation is made, such as the signing of an administrative agreement between the Minister and the body; and

(b) governing the requirements that the designated body must fulfil in administering this Act and the regulations, or any part of them.

Body not empowered to make regulations

(2)  The fact that responsibility for the administration of all or part of this Act and the regulations has been transferred to a designated body does not empower it to make regulations under this Act.

Fees

(3)  A designated body may set and collect fees, costs or other charges for the purpose of recovering costs associated with the administration of this Act and the regulations.

Use of money collected

(4)  Money collected by a designated body in carrying out the administration of this Act and the regulations is not public money within the meaning of the Financial Administration Act unless the designated body is the Crown or a Crown agency.

Regulations

5.  (1)  The Lieutenant Governor in Council may make regulations,

(a) defining “grape must” for the purposes of this Act and the regulations;

(b) prescribing conditions under which wineries may use imported grapes or grape product in the manufacture of wine;

(c) prescribing documents and information that wineries must submit to a designated body and requiring wineries to submit them to the body within prescribed time periods, and prescribing those periods;

(d) prescribing classes of wine and the standards to be met by wines of each class;

(e) prescribing requirements and standards relating to the content of wine;

(f) prescribing requirements and standards relating to the labelling of wine.

Same

(2)  A regulation made under subsection (1) may be of general or particular application.

Offences

6.  (1)  Every person who knowingly furnishes false information in any document or return submitted under the regulations made under this Act is guilty of an offence.

Same

(2)  Every director or officer of a corporation that submitted false information under the regulations made under this Act who knew that false information was provided and permitted that information to be submitted is guilty of an offence.

Limitation

(3)  No proceeding shall be commenced under subsection (1) or (2) more than two years after the facts on which the proceeding is based first came to the knowledge of the designated body.

Fine, individual

(4)  Every individual who is convicted of an offence under this section is liable to a maximum fine of $10,000.

Fine, corporation

(5)  Every corporation that is convicted of an offence under this section is liable to a maximum fine of $25,000.

Licence suspension or revocation

(6)  The Alcohol and Gaming Commission of Ontario may suspend or revoke a licence to sell or deliver liquor issued under the Liquor Licence Act where there is a conviction for an offence committed under this section.

Repeal

7.  The Wine Content Act is repealed.

Commencement

8.  This Schedule comes into force on January 1, 2001.

Short title

9.  The short title of the Act set out in this Schedule is the Wine Content and Labelling Act, 2000.

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Explanatory Note

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