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Explanatory Note

CHAPTER 21

An Act to promote
access to justice
by amending or repealing
various Acts and by enacting
the Legislation Act, 2006

Assented to October 19, 2006

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

CONTENTS

1.

2.

3.

Schedule A

Schedule B

Schedule C

Schedule D

Schedule E

Schedule F

Contents of Act

Commencement

Short title

Amendments to the Courts of Justice Act

Amendments to the Justices of the Peace Act and the Public Authorities Protection Act

Amendments to the Law Society Act and related amendments to other Acts

Amendments to the Limitations Act, 2002

Amendments to the Provincial Offences Act

Legislation Act, 2006

______________

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

Contents of Act

1.  This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

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

Same

(2)  The Schedules to this Act come into force as provided in each Schedule.

Same

(3)  If a Schedule to this Act provides that any provisions are 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 with respect to any of those provisions.

Short title

3.  The short title of this Act is the Access to Justice Act, 2006.

SCHEDULE A
AMENDMENTS TO THE COURTS OF JUSTICE ACT

1.  The definition of “region” in section 1 of the Courts of Justice Act is amended by striking out “74” and substituting “79.1”.

2.  Subsection 8 (6) of the Act is amended by striking out “Treasurer of Ontario” and substituting “Minister of Finance”.

3.  Subsection 19 (1) of the Act is repealed and the following substituted:

Divisional Court jurisdiction

(1)  An appeal lies to the Divisional Court from,

(a) a final order of a judge of the Superior Court of Justice, as described in subsections (1.1) and (1.2);

(b) an interlocutory order of a judge of the Superior Court of Justice, with leave as provided in the rules of court;

(c) a final order of a master or case management master.

Same

(1.1)  If the notice of appeal is filed before the day section 3 of Schedule A to the Access to Justice Act, 2006 comes into force, clause (1) (a) applies in respect of a final order,

(a) for a single payment of not more than $25,000, exclusive of costs;

(b) for periodic payments that amount to not more than $25,000, exclusive of costs, in the 12 months commencing on the date the first payment is due under the order;

(c) dismissing a claim for an amount that is not more than the amount set out in clause (a) or (b); or

(d) dismissing a claim for an amount that is more than the amount set out in clause (a) or (b) and in respect of which the judge or jury indicates that if the claim had been allowed the amount awarded would have been not more than the amount set out in clause (a) or (b).

Same

(1.2)  If the notice of appeal is filed on or after the day section 3 of Schedule A to the Access to Justice Act, 2006 comes into force, clause (1) (a) applies in respect of a final order,

(a) for a single payment of not more than $50,000, exclusive of costs;

(b) for periodic payments that amount to not more than $50,000, exclusive of costs, in the 12 months commencing on the date the first payment is due under the order;

(c) dismissing a claim for an amount that is not more than the amount set out in clause (a) or (b); or

(d) dismissing a claim for an amount that is more than the amount set out in clause (a) or (b) and in respect of which the judge or jury indicates that if the claim had been allowed the amount awarded would have been not more than the amount set out in clause (a) or (b).

4.  Section 33 of the Act is amended by adding the following subsection:

Duty of Chief Justice

(7)  The Chief Justice shall ensure that any standards of conduct are made available to the public, in English and French, when they have been approved by the Deputy Judges Council.

5.  (1)  Subsection 42 (2) of the Act is repealed and the following substituted:

Qualification

(2)  No person shall be appointed as a provincial judge unless he or she,

(a) has been a member of the bar of one of the provinces or territories of Canada for at least 10 years; or

(b) has, for an aggregate of at least 10 years,

(i) been a member of a bar mentioned in clause (a), and

(ii) after becoming a member of such a bar, exercised powers and performed duties of a judicial nature on a full-time basis in respect to a position held under a law of Canada or of one of its provinces or territories.

(2)  Subsection 42 (3) of the Act is amended by striking out “may appoint” and substituting “may, on the recommendation of the Attorney General, appoint”.

(3)  Subsection 42 (4) of the Act is repealed and the following substituted:

Associate chief justices

(4)  The Lieutenant Governor in Council may, on the recommendation of the Attorney General, appoint two provincial judges as associate chief justices of the Ontario Court of Justice.

(4)  Subsection 42 (6) of the Act is repealed and the following substituted:

Regional senior judges

(6)  The Lieutenant Governor in Council may, on the recommendation of the Attorney General, appoint a provincial judge to be the regional senior judge of the Ontario Court of Justice for each region.

Same

(6.1)  Before making a recommendation referred to in subsection (4) or (6), the Attorney General shall consult with the Chief Justice of the Ontario Court of Justice.

6.  Subsection 51.9 (2) of the Act is amended by striking out “the standards of conduct” and substituting “any standards of conduct”.

7.  Subsection 52 (4) of the Act is repealed and the following substituted:

Regional meeting of judges

(4)  The judges of the Court of Ontario in each region shall meet at least once in each year in order to consider this Act, the rules of court and the administration of justice in the region generally, on a day fixed jointly by the regional senior judge of the Superior Court of Justice and the regional senior judge of the Ontario Court of Justice.

8.  Clause 53 (1) (d) of the Act is repealed.

9.  Clause 65 (2) (a.2) of the Act is repealed and the following substituted:

(a.2) the Chief Justice of the Ontario Court of Justice, or another judge of that court designated by the Chief Justice;

10.  (1)  Subsection 66 (1) of the Act is repealed and the following substituted:

Civil rules

(1)  Subject to the approval of the Attorney General, the Civil Rules Committee may make rules for the Court of Appeal and the Superior Court of Justice in relation to the practice and procedure of those courts in all civil proceedings, except for proceedings in relation to which the Family Rules Committee may make rules under section 68.

(2)  Subsection 66 (2) of the Act is amended by striking out “for the courts described in subsection (1)” in the portion before clause (a) and substituting “under subsection (1)”.

(3)  Subsections 66 (3) and (4) of the Act are repealed and the following substituted:

Same

(3)  Nothing in subsection (1) or (2) authorizes the making of rules that conflict with an Act, but rules may be made under subsection (1) supplementing the provisions of an Act in respect of practice and procedure.

Same

(4)  Rules made under subsection (1) in relation to the matters described in clauses (2) (p), (v) and (w) shall be reviewed at least once in every four-year period.

Application

(5)  A rule made under this section may be general or particular in its application.

11.  Clause 67 (2) (d) of the Act is amended by striking out “at his or her designation, an associate chief justice” and substituting “an associate chief justice designated by the Chief Justice”.

12.  Subsections 68 (1), (2) and (3) of the Act are repealed and the following substituted:

Family rules

(1)  Subject to the approval of the Attorney General, the Family Rules Committee may make rules for the Court of Appeal, the Superior Court of Justice and the Ontario Court of Justice in relation to the practice and procedure of those courts in the proceedings referred to in the Schedule to section 21.8.

Same

(2)  Subsections 66 (2), (3) and (5) apply with necessary modifications to the Family Rules Committee making rules under subsection (1).

13.  Subsection 70 (2) of the Act is amended by striking out “Subject to the approval of the Lieutenant Governor in Council” at the beginning and substituting “Subject to the approval of the Attorney General”.

14.  Part V of the Act is repealed and the following substituted:

PART V
ADMINISTRATION OF THE COURTS

Goals

71.  The administration of the courts shall be carried on so as to,

(a) maintain the independence of the judiciary as a separate branch of government;

(b) recognize the respective roles and responsibilities of the Attorney General and the judiciary in the administration of justice;

(c) encourage public access to the courts and public confidence in the administration of justice;

(d) further the provision of high-quality services to the public; and

(e) promote the efficient use of public resources.

Role of Attorney General

72.  The Attorney General shall superintend all matters connected with the administration of the courts, other than the following:

1. Matters that are assigned by law to the judiciary, including authority to direct and supervise the sittings and the assignment of the judicial duties of the court.

2. Matters related to the education, conduct and discipline of judges and justices of the peace, which are governed by other provisions of this Act, the Justices of the Peace Act and Acts of the Parliament of Canada.

3. Matters assigned to the judiciary by a memorandum of understanding under section 77.

Court officers and staff

Appointment

73.  (1)  Registrars, sheriffs, court clerks, assessment officers and any other administrative officers and employees that are considered necessary for the administration of the courts in Ontario may be appointed under the Public Service Act.

Exercise of powers

(2)  A power or duty given to a registrar, sheriff, court clerk, bailiff, assessment officer, Small Claims Court referee or official examiner under an Act, regulation or rule of court may be exercised or performed by a person or class of persons to whom the power or duty has been assigned by the Deputy Attorney General or a person designated by the Deputy Attorney General.

Same

(3) Subsection (2) applies in respect of an Act, regulation or rule of court made under the authority of the Legislature or of the Parliament of Canada.

Destruction of documents

74.  Documents and other materials that are no longer required in a court office shall be disposed of in accordance with the directions of the Deputy Attorney General, subject to the approval of,

(a) in the Court of Appeal, the Chief Justice of Ontario;

(b) in the Superior Court of Justice, the Chief Justice of the Superior Court of Justice;

(c) in the Ontario Court of Justice, the Chief Justice of the Ontario Court of Justice.

Powers of chief or regional senior judge

75.  (1)  The powers and duties of a judge who has authority to direct and supervise the sittings and the assignment of the judicial duties of his or her court include the following:

1. Determining the sittings of the court.

2. Assigning judges to the sittings.

3. Assigning cases and other judicial duties to individual judges.

4. Determining the sitting schedules and places of sittings for individual judges.

5. Determining the total annual, monthly and weekly workload of individual judges.

6. Preparing trial lists and assigning courtrooms, to the extent necessary to control the determination of who is assigned to hear particular cases.

Powers re masters, case management masters

(2)  Subsection (1) applies, with necessary modifications, in respect of directing and supervising the sittings and assigning the judicial duties of masters and case management masters.

Direction of court staff

76.  (1)  In matters that are assigned by law to the judiciary, registrars, court clerks, court reporters, interpreters and other court staff shall act at the direction of the chief justice of the court.

Same

(2)  Court personnel referred to in subsection (1) who are assigned to and present in a courtroom shall act at the direction of the presiding judge, master or case management master while the court is in session.

Memoranda of understanding between Attorney General and Chief Justices

Court of Appeal

77.  (1)  The Attorney General and the Chief Justice of Ontario may enter into a memorandum of understanding governing any matter relating to the administration of the Court of Appeal.

Superior Court of Justice

(2)  The Attorney General and the Chief Justice of the Superior Court of Justice may enter into a memorandum of understanding governing any matter relating to the administration of that court.

Ontario Court of Justice

(3)  The Attorney General and the Chief Justice of the Ontario Court of Justice may enter into a memorandum of understanding governing any matter relating to the administration of that court.

Scope

(4)  A memorandum of understanding under this section may deal with the respective roles and responsibilities of the Attorney General and the judiciary in the administration of justice, but shall not deal with any matter assigned by law to the judiciary.

Publication

(5)  The Attorney General shall ensure that each memorandum of understanding entered into under this section is made available to the public, in English and French.

Ontario Courts Advisory Council

78.  (1)  The council known as the Ontario Courts Advisory Council is continued under the name Ontario Courts Advisory Council in English and Conseil consultatif des tribunaux de l’Ontario in French.

Same

(2)  The Ontario Courts Advisory Council is composed of,

(a) the Chief Justice of Ontario, who shall preside, and the Associate Chief Justice of Ontario;

(b) the Chief Justice and the Associate Chief Justice of the Superior Court of Justice and the Senior Judge of the Family Court;

(c) the Chief Justice and the associate chief justices of the Ontario Court of Justice; and

(d) the regional senior judges of the Superior Court of Justice and of the Ontario Court of Justice.

Mandate

(3)  The Ontario Courts Advisory Council shall meet to consider any matter relating to the administration of the courts that is referred to it by the Attorney General or that it considers appropriate on its own initiative, and shall make recommendations on the matter to the Attorney General and to its members.

Ontario Courts Management Advisory Committee

79.  (1)  The committee known as the Ontario Courts Management Advisory Committee is continued under the name Ontario Courts Management Advisory Committee in English and Comité consultatif de gestion des tribunaux de l’Ontario in French.

Same

(2)  The Ontario Courts Management Advisory Committee is composed of,

(a) the Chief Justice and Associate Chief Justice of Ontario, the Chief Justice and Associate Chief Justice of the Superior Court of Justice, the Senior Judge of the Family Court and the Chief Justice and associate chief justices of the Ontario Court of Justice;

(b) the Attorney General, the Deputy Attorney General, the Assistant Deputy Attorney General responsible for courts administration, the Assistant Deputy Attorney General responsible for criminal law and two other public servants chosen by the Attorney General;

(c) three lawyers appointed by The Law Society of Upper Canada and three lawyers appointed by the County and District Law Presidents’ Association; and

(d) not more than six other persons, appointed by the Attorney General with the concurrence of the judges mentioned in clause (a) and the lawyers appointed under clause (c).

Who presides

(3)  The following persons shall preside over meetings of the Committee, by rotation at intervals fixed by the Committee:

1. A judge mentioned in clause (2) (a), selected by the judges mentioned in that clause.

2. The Attorney General, or a person mentioned in clause (2) (b) and designated by the Attorney General.

3. A lawyer appointed under clause (2) (c), selected by the lawyers appointed under that clause.

4. A person appointed under clause (2) (d), selected by the persons appointed under that clause.

Function of Committee

(4)  The function of the Committee is to consider and recommend to the relevant bodies or authorities policies and procedures to promote the better administration of justice and the effective use of human and other resources in the public interest.

Regions

79.1  (1)  For administrative purposes related to the administration of justice in the province, Ontario is divided into the regions prescribed under subsection (2).

Regulations

(2)  The Lieutenant Governor in Council may make regulations prescribing regions for the purposes of this Act.

Regional Courts Management Advisory Committee

79.2  (1)  The committee in each region known as the Regional Courts Management Advisory Committee is continued under the name Regional Courts Management Advisory Committee in English and Comité consultatif régional de gestion des tribunaux in French, and is composed of,

(a) the regional senior judge of the Superior Court of Justice, the regional senior judge of the Ontario Court of Justice and, in a region where the Family Court has jurisdiction, a judge chosen by the Chief Justice of the Superior Court of Justice;

(b) the regional director of courts administration for the Ministry of the Attorney General and the regional director of Crown attorneys;

(c) two lawyers appointed jointly by the presidents of the county and district law associations in the region; and

(d) not more than two other persons, appointed by the Attorney General with the concurrence of the judges mentioned in clause (a) and the lawyers appointed under clause (c).

Who presides

(2)  The following persons shall preside over meetings of the Committee, by rotation at intervals fixed by the Committee:

1. A judge mentioned in clause (1) (a), selected by the judges mentioned in that clause.

2. An official mentioned in clause (1) (b), selected by the officials mentioned in that clause.

3. A lawyer appointed under clause (1) (c), selected by the lawyers appointed under that clause.

4. A person appointed under clause (1) (d), selected by the persons appointed under that clause.

Function of Committee

(3)  The function of the Committee is to consider and recommend to the relevant bodies or authorities policies and procedures for the region to promote the better administration of justice and the effective use of human and other resources in the public interest.

Frequency of meetings

(4)  The Committee shall meet at least once each year.

Annual report on administration of courts

79.3  (1)  Within six months after the end of every fiscal year, the Attorney General shall cause a report to be prepared on the administration of the courts during that fiscal year, in consultation with the Chief Justice of Ontario, the Chief Justice of the Superior Court of Justice and the Chief Justice of the Ontario Court of Justice.

Same

(2)  The annual report shall provide information about progress in meeting the goals set out in section 71 and shall be made available to the public in English and French.

Inclusion in Ministry’s annual report

(3)  The Attorney General may cause all or part of the annual report on the administration of the courts to be incorporated into the corresponding annual report referred to in the Ministry of the Attorney General Act.

15.  Section 86.1 of the Act is amended by adding the following subsection:

Duty of Chief Justice

(10)  The Chief Justice shall ensure that any standards of conduct are made available to the public, in English and French.

16.  Paragraph 3 of subsection 108 (2) of the Act is repealed and the following substituted:

3. Relief in proceedings referred to in the Schedule to section 21.8.

17.  The Act is amended by adding the following section:

Periodic payment, medical malpractice actions

116.1  (1)  Despite section 116, in a medical malpractice action where the court determines that the award for the future care costs of the plaintiff exceeds the prescribed amount, the court shall, on a motion by the plaintiff or a defendant that is liable to pay the plaintiff’s future care costs, order that the damages for the future care costs of the plaintiff be satisfied by way of periodic payments.

The order

(2)  If the court makes an order under subsection (1), the court shall determine the amount and frequency of the periodic payments without regard to inflation and shall order the defendant to provide security for those payments in the form of an annuity contract that satisfies the criteria set out in subsection (3).

Form of security

(3)  The annuity contract shall satisfy the following criteria:

1. The annuity contract must be issued by a life insurer.

2. The annuity must be designed to generate payments in respect of which the beneficiary is not required to pay income taxes.

3. The annuity must include protection from inflation to a degree reasonably available in the market for such annuities.

Directions from the court

(4)  If the parties are unable to agree on the terms of the annuity, either party may seek directions from the court about the terms.

Filing and approval of plan

(5)  Unless the court orders otherwise, a proposed plan to provide security required by an order under subsection (2) shall be filed with the court within 30 days of the judgment or within another period that the court may specify, and the court may approve the proposed plan, with or without modifications.

Effect of providing security

(6)  If security is provided in accordance with a plan approved by the court, the defendant by whom or on whose behalf the security is provided is discharged from all liability to the plaintiff in respect of damages that are to be paid by periodic payments, but the owner of the security remains liable for the periodic payments until they are paid.

Effect of not providing security

(7)  If a proposed plan is not filed in accordance with subsection (5) or is not approved by the court, the court shall, at the request of any party to the proceeding, vacate the portions of the judgment in which periodic payments are awarded and substitute a lump sum award.

Application for lump sum

(8)  The court may order that the future care costs be paid in whole or in part by way of a lump sum payment to the extent that the plaintiff satisfies the court that a periodic payment award is unjust, having regard to the capacity of the periodic payment award to meet the needs for which the damages award for future care costs is intended to provide compensation.

Amount to offset liability for income tax

(9) If the court does not make an order for periodic payments under subsection (1) or makes an order for a lump sum payment under subsection (7) or (8), the court shall make an award for damages that shall include an amount to offset liability for income tax on income from investment of the award except to the extent that the evidence shows that the plaintiff will not derive taxable income from investing the award.

Periodic payments exempt from garnishment, etc.

(10)  Periodic payments of damages for future care costs are exempt from seizure or garnishment to the same extent that wages are exempt under section 7 of the Wages Act, unless the seizure or garnishment is made by a provider of care to the plaintiff and the seizure or garnishment is to pay for the costs of products, services or accommodations or any one of them with respect to the plaintiff.

Future review

(11)  In an order made under this section, the court may, with the consent of all the affected parties, order that the award be subject to future review and revision in such circumstances and on such terms as the court considers just.

Regulations

(12)  The Lieutenant Governor in Council may make regulations prescribing or calculating the amount of future care costs for the purpose of subsection (1).

Definitions

(13)  In this section,

“future care costs” means the cost of medical care or treatment, rehabilitation services or other care, treatment, services, products or accommodations that is incurred at a time after judgment; (“coûts des soins futurs”)

“medical malpractice action” means an action for personal injuries alleged to have arisen from negligence or malpractice in respect of professional services requested of, or rendered by, a health professional who is a member of a health profession as defined in the Regulated Health Professions Act, 1991 or an employee of the health professional or for which a hospital as defined in the Public Hospitals Act is held liable; (“action pour faute professionnelle médicale”)

“prescribed amount” means $250,000 or such greater amount as may be prescribed by regulation, calculated as a present value at the time of judgment in accordance with the Rules of Civil Procedure. (“montant prescrit”)

Transition

(14)  This section applies to all proceedings in which a final judgment at trial or final settlement has not been made on the day the Access to Justice Act, 2006 receives Royal Assent.

18.  Subsection 127 (2) of the Act is repealed and the following substituted:

Calculation and publication of interest rates

(2)  After the first day of the last month of each quarter, a person designated by the Deputy Attorney General shall forthwith,

(a) determine the prejudgment and postjudgment interest rate for the next quarter; and

(b) publish in the prescribed manner a table showing the rate determined under clause (a) for the next quarter and the rates determined under clause (a) or under a predecessor of that clause for all the previous quarters during the preceding 10 years.

Regulations

(3)  The Attorney General may, by regulation, prescribe the manner in which the table described in clause (2) (b) is to be published.

Commencement

19.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Access to Justice Act, 2006 receives Royal Assent.

Same

(2)  Sections 1, 3, 4, 8, 14, 15 and 18 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE B
AMENDMENTS TO THE JUSTICES OF THE PEACE ACT AND THE PUBLIC AUTHORITIESPROTECTION ACT

Justices of the Peace Act

1.  (1)  The definitions of “non-presiding justice of the peace” and “presiding justice of the peace” in section 1 of the Justices of the Peace Act are repealed.

(2)  The definition of “Review Council” in section 1 of the Act is amended by striking out “section 9” at the end and substituting “section 8”.

2.  Section 2 of the Act is repealed and the following substituted:

Appointment of justices

2.  (1)  The Lieutenant Governor in Council, on the recommendation of the Attorney General, may appoint full-time justices of the peace.

Part-time justices

(2)  A person appointed as a part-time justice of the peace before subsection (1) came into force continues in office as a part-time justice of the peace.

Change to full-time

(3)  The Lieutenant Governor in Council, on the recommendation of the Attorney General, may change a person’s appointment as a part-time justice of the peace to an appointment as a full-time justice of the peace.

Consultation

(4)  Before making a recommendation under subsection (3), the Attorney General must obtain the recommendation of the Chief Justice of the Ontario Court of Justice on the matter.

3.  The Act is amended by adding the following section:

Justices of the Peace Appointments Advisory Committee

2.1  (1)  A committee known as the Justices of the Peace Appointments Advisory Committee in English and Comité consultatif sur la nomination des juges de paix in French is established.

Function

(2)  The function of the Advisory Committee is to classify candidates for appointment as justices of the peace and to report on the classifications to the Attorney General.

Composition

(3)  The Advisory Committee is composed of seven core members as follows:

1. A judge of the Ontario Court of Justice appointed by the Chief Justice of the Ontario Court of Justice.

2. A justice of the peace appointed by the Chief Justice of the Ontario Court of Justice.

3. A justice of the peace appointed by the Chief Justice of the Ontario Court of Justice who is either the Senior Justice of the Peace Responsible for the Ontario Native Justice of the Peace Program or another justice of the peace familiar with aboriginal issues or, when the justice of the peace so appointed is not available to act as a member of the Advisory Committee, another justice of the peace familiar with aboriginal issues who is designated by the Chief Justice of the Ontario Court of Justice.

4. Four persons appointed by the Attorney General.

Regional members

(4)  In addition to the core members appointed under subsection (3), the Advisory Committee shall include the following regional members in respect of its functions in a particular region:

1. The regional senior judge of the Ontario Court of Justice for the region or another judge of the Ontario Court of Justice from the same region designated by the regional senior judge.

2. The regional senior justice of the peace for the region or, when he or she is not available to act as a member of the Advisory Committee, another justice of the peace from the same region who is designated by the regional senior judge.

3. Not more than five other persons appointed by the Attorney General.

4. A member of the bar in the region appointed by the Attorney General from a list of three names submitted to the Attorney General by the Law Society of Upper Canada.

Criteria

(5)  In the appointment of members under paragraph 4 of subsection (3) and paragraph 3 of subsection (4), the importance of reflecting, in the composition of the Advisory Committee as a whole, Ontario’s linguistic duality and the diversity of its population and ensuring overall gender balance shall be recognized.

Term of office

(6)  The members appointed under paragraph 4 of subsection (3) and under paragraphs 3 and 4 of subsection (4) hold office for three-year terms and may be reappointed.

Staggered terms

(7)  Despite subsection (6), the following applies to the first appointments to the Advisory Committee:

1. Two of the members appointed under paragraph 4 of subsection (3) hold office for a two-year term.

2. Two of the regional members for each region appointed under paragraph 3 of subsection (4) hold office for a one-year term.

Remuneration

(8)  The members appointed under paragraph 4 of subsection (3) and under paragraphs 3 and 4 of subsection (4) are entitled to receive the daily remuneration that is fixed by the Lieutenant Governor in Council.

Chair

(9)  The Attorney General shall designate one of the core members to chair the Advisory Committee for a term of up to three years.

Term of office

(10)  The same person may serve as chair for two or more terms.

Chair votes

(11)  The chair is entitled to vote and may cast a second deciding vote if there is a tie.

Manner of operating

(12)  The Advisory Committee shall perform its function in the following manner:

1. It shall develop a candidate application form that specifies what supporting material is required, and it shall make the form available to the public.

2. It shall develop the application procedure and the general selection criteria and make information about them available to the public.

3. It shall advertise annually for applications for justice of the peace positions in each region.

4. It shall accept applications for justice of the peace positions on an ongoing basis.

5. It shall review all applications and evaluate them at least once each year or on the request of the Attorney General and may interview any of the candidates.

6. It shall conduct the advertising and review process in accordance with general selection criteria, including the assessment of skills and abilities, community awareness, personal characteristics of candidates and the recognition of the desirability of reflecting the diversity of Ontario’s population in appointments of justices of the peace.

7. It shall determine the skills, abilities and personal characteristics that are desired in a justice of the peace and make information about them available to the public.

8. It shall classify candidates as “Not Qualified”, “Qualified” or “Highly Qualified” and report the classifications to the Attorney General.

Quorum

(13)  The quorum for decisions under paragraph 8 of subsection (12) is two core members and seven regional members from the region for which an appointment is considered.

Vacancies

(14)  If a vacancy occurs among the members appointed under paragraph 4 of subsection (3) or under paragraph 3 or 4 of subsection (4), a new member may be appointed under the applicable provision for the remainder of the term.

Qualification

(15)  A candidate shall not be considered by the Advisory Committee unless he or she has performed paid or volunteer work equivalent to at least 10 years of full-time experience and,

(a) has a university degree;

(b) has a diploma or advanced diploma granted by a college of applied arts and technology or a community college following completion of a program that is the equivalent in class hours of a full-time program of at least four academic semesters;

(c) has a degree from an institution, other than a university, that is authorized to grant the degree,

(i) under the Post-secondary Education Choice and Excellence Act, 2000,

(ii) under a special Act of the Assembly that establishes or governs the institution, or

(iii) under legislation of another province or territory of Canada;

(d) has successfully completed a program designated as an equivalency under subsection (16); or

(e) meets the equivalency requirement set out in subsection (17).

Equivalency programs

(16)  For the purposes of clause (15) (d), the Attorney General may designate programs that involve training in the justice system, including programs designed to enhance diversity in the justice system, as programs that meet the educational equivalency, and shall make the list of programs so designated public.

Exceptional qualifications

(17)  For the purposes of clause (15) (e), a candidate may be considered to have met the equivalency requirement if he or she clearly demonstrates exceptional qualifications, including life experience, but does not have the educational requirements set out in clauses (15) (a) to (d).

Recommendation by Attorney General

(18)  The Attorney General shall recommend to the Lieutenant Governor in Council for appointment as a justice of the peace only a candidate whom the Advisory Committee has classified as “Qualified” or “Highly Qualified”.

Annual report

(19)  The Advisory Committee shall submit to the Attorney General an annual report in English and in French of its activities.

Tabling

(20)  The Attorney General shall submit the annual report to the Lieutenant Governor in Council and shall then table it in the Assembly.

Staff

(21)  Such officers and employees of the Advisory Committee as are considered necessary may be appointed under the Public Service Act.

Meetings

(22)  The Advisory Committee may hold its meetings in person or through electronic means, including telephone conferencing and video conferencing.

Use of forms, etc.

(23)  After the materials referred to in paragraphs 1 and 2 of subsection (12) are made publicly available, candidates submitting applications shall do so using the application form developed by the Advisory Committee and shall follow its procedures.

Transitional

(24)  Any applications received by the Ministry of the Attorney General before the coming into force of this section for appointment as a justice of the peace shall be provided to the Advisory Committee and the applications may be considered by the Advisory Committee even though they are not in the form required by subsection (23).

Same

(25)  Applications received by the Advisory Committee before the application form referred to in paragraph 1 of subsection (12) is made publicly available may be considered by the Advisory Committee even though they are not in the form required by subsection (23).

4.  Section 4 of the Act is repealed and the following substituted:

Presiding justices

4.  (1)  Every justice of the peace is a presiding justice of the peace.

Exception

(2)  Despite subsection (1), a person appointed as a non-presiding justice of the peace before that subsection came into force continues in office as a non-presiding justice of the peace.

Change to presiding

(3)  The Lieutenant Governor in Council, on the recommendation of the Attorney General, may change a person’s appointment as a non-presiding justice of the peace to an appointment as a presiding justice of the peace.

Consultation

(4)  Before making a recommendation under subsection (3), the Attorney General must obtain the recommendation of the Chief Justice of the Ontario Court of Justice on the matter.

Undesignated justices

(5)  A person appointed as a justice of the peace before August 1, 1994 who has not been designated as a presiding or non-presiding justice of the peace shall not exercise any authority or receive any remuneration as a justice of the peace.

5.  The Act is amended by adding the following section:

Per diem justices

5.1  (1)  The Attorney General, on the request of a justice of the peace, may change his or her designation from that of a full-time or part-time justice of the peace to that of a per diem justice of the peace if the following conditions are met:

1. The Chief Justice of the Ontario Court of Justice recommends that the justice of the peace be designated as a per diem justice of the peace.

2. The justice of the peace provided services on or after April 1, 2000 as a full-time or part-time justice of the peace.

3. The justice of the peace has retired or will retire as a full or part-time justice of the peace before reaching the age of 70 years.

Previously retired justices of the peace

(2)  A justice of the peace who retired before the day this section comes into force may be designated as a per diem justice of the peace if he or she has not attained the age of 70 years.

Term of appointment

(3)  A per diem justice of the peace may serve until he or she attains the age of 70 years.

6.  The Act is amended by adding the following section:

Accommodation of needs

5.2  (1)  A justice of the peace who believes that he or she is unable, because of a disability, to perform the essential duties of the office unless his or her needs are accommodated may apply to the Review Council for an order under subsection (2).

Duty of Review Council

(2)  If the Review Council finds that the justice of the peace is unable, because of a disability, to perform the essential duties of the office unless his or her needs are accommodated, it shall order that the needs of the justice of the peace be accommodated to the extent necessary to enable him or her to perform those duties.

Undue hardship

(3)  Subsection (2) does not apply if the Review Council is satisfied that making an order would impose undue hardship on the person responsible for accommodating the needs of the justice of the peace, considering the cost, outside sources of funding, if any, and health and safety requirements, if any.

Opportunity to participate

(4)  The Review Council shall not make an order under subsection (2) against a person without ensuring that the person has had an opportunity to participate and make submissions.

Crown bound

(5)  The order binds the Crown.

7.  Sections 8 and 9 of the Act are repealed and the following substituted:

Review Council

8.  (1)  The council known in English as the Justices of the Peace Review Council and in French as Conseil d’évaluation des juges de paix is continued.

Functions

(2)  The functions of the Review Council are,

(a) to consider applications under section 5.2 for the accommodation of needs;

(b) to establish complaints committees from among its members to review and investigate complaints under section 11;

(c) to review and approve standards of conduct under section 13;

(d) to deal with continuing education plans under section 14; and

(e) to decide whether a justice of the peace may engage in other remunerative work.

Composition

(3)  The Review Council is composed of,

(a) the Chief Justice of the Ontario Court of Justice, or another judge of the Ontario Court of Justice designated by the Chief Justice;

(b) the Associate Chief Justice Co-ordinator of Justices of the Peace;

(c) three justices of the peace appointed by the Chief Justice of the Ontario Court of Justice;

(d) two judges of the Ontario Court of Justice appointed by the Chief Justice of the Ontario Court of Justice;

(e) one regional senior justice of the peace appointed by the Chief Justice of the Ontario Court of Justice;

(f) a lawyer appointed by the Attorney General from a list of three names submitted to the Attorney General by the Law Society of Upper Canada;

(g) four persons appointed by the Lieutenant Governor in Council on the recommendation of the Attorney General.

Criteria

(4)  In the appointment of members under clause (3) (g), the importance of reflecting, in the composition of the Review Council as a whole, Ontario’s linguistic duality and the diversity of its population and ensuring overall gender balance shall be recognized.

Term of office

(5)  The members who are appointed under clauses (3) (f) and (g) hold office for four-year terms and are eligible for reappointment.

Staggered terms

(6)  Despite subsection (5), the following applies to the first appointments to the Review Council:

1. The lawyer appointed under clause (3) (f) holds office for a six-year term.

2. One of the persons appointed under clause (3) (g) holds office for a six-year term and one holds office for a two-year term.

Chair

(7)  The Chief Justice of the Ontario Court of Justice or, in his or her absence, the Associate Chief Justice Co-ordinator of Justices of the Peace, shall chair all meetings of the Review Council.

Same

(8)  The chair is entitled to vote and may cast a second deciding vote if there is a tie.

Vacancies

(9)  If a vacancy occurs among the members appointed under clause (3) (f) or (g), a new member may be appointed under the applicable provision for the remainder of the term.

Temporary members

(10)  The Chief Justice of the Ontario Court of Justice may appoint a judge or a justice of the peace who is not a member of the Review Council to be a temporary member of a complaints committee or hearing panel in order to deal fully with the matter.

Quorum

(11)  The following quorum rules apply:

1. Six members, including the chair, constitute a quorum.

2. At least half the members present must be judges or justices of the peace.

Voting by chair

(12)  The chair of a complaints committee established under subsection 11 (1) or a hearing panel established under subsection 11.1 (1) is entitled to vote.

Disqualification

(13)  The members of the Review Council who were members of a complaints committee dealing with a complaint shall not participate in a hearing of the complaint under section 11.1.

Staff

(14)  Such officers and employees of the Review Council as are considered necessary may be appointed under the Public Service Act.

Expert assistance

(15)  The Review Council may engage persons, including counsel, to assist it and its complaints committees and hearing panels.

Support services

(16)  The Review Council shall provide support services, including initial orientation and continuing education, to enable its members to participate effectively, devoting particular attention to the needs of the members who are neither judges nor lawyers and administering a part of its budget for support services separately for that purpose.

Same

(17)  The Review Council shall administer a part of its budget for support services separately for the purpose of accommodating the needs of any members who have disabilities.

Confidential records

(18)  The Review Council, a complaints committee or a hearing panel may order that any information or documents relating to a meeting, investigation or hearing that was not held in public are confidential and shall not be disclosed or made public.

Same

(19)  Subsection (18) applies whether the information or documents are in the possession of the Review Council, a complaints committee, a hearing panel, the Attorney General or any other person.

Exceptions

(20)  Subsection (18) does not apply to information and documents,

(a) that this Act requires the Review Council to disclose; or

(b) that have not been treated as confidential and were not prepared exclusively for the purposes of a Review Council meeting or for an investigation of a complaint or for a hearing.

Personal liability

(21)  No action or other proceeding for damages shall be instituted against the Review Council or any of its members or employees or any person acting under the authority of the Review Council, a complaints committee or hearing panel for any act done in good faith in the execution or intended execution of any power or duty of the Review Council, a complaints committee or a hearing panel or for any neglect or default in the exercise or performance in good faith of such power or duty.

Testimonial immunity

(22)  No member or employee of the Review Council and no person acting under its authority may be compelled to give evidence in any administrative or civil proceeding in relation to anything done or omitted to be done in carrying out the purposes of this Act.

Remuneration

(23)  The members who are appointed under clauses (3) (f) and (g) are entitled to receive the daily remuneration that is fixed by the Lieutenant Governor in Council.

Meetings

(24)  The Review Council may hold its meetings in person or through electronic means, including telephone conferencing and video conferencing.

Other duties of Review Council

Provision of information to public

9.  (1)  The Review Council shall provide, in courthouses and elsewhere, information about itself and about its role in the justice system, including information about how members of the public may obtain assistance in making complaints.

Same

(2)  In providing information, the Review Council shall emphasize the elimination of cultural and linguistic barriers and the accommodation of the needs of persons with disabilities.

Assistance to public

(3)  Where necessary, the Review Council shall arrange for the provision of assistance to members of the public in the preparation of documents for making complaints.

Telephone access

(4)  The Review Council shall provide province-wide free telephone access, including telephone access for the deaf, to information about itself and its role in the justice system.

Persons with disabilities

(5)  To enable persons with disabilities to participate effectively in the complaints process, the Review Council shall ensure that their needs are accommodated, at the Council’s expense, unless it would impose undue hardship on the Council to do so, considering the cost, outside sources of funding, if any, and health and safety requirements, if any.

Open and closed hearings and meetings

(6)  Meetings of the Review Council and of its complaints committees shall be held in private but, subject to subsection 11.1 (4), hearings under section 11.1 shall be open to the public.

Annual report

(7)  After the end of each year, the Review Council shall make an annual report to the Attorney General on its affairs, in English and French, including, with respect to all complaints received or dealt with during the year, a summary of the complaint, the findings and a statement of the disposition, but the report shall not include information that might identify the justice of the peace, the complainant or a witness.

Tabling

(8)  The Attorney General shall submit the annual report to the Lieutenant Governor in Council and shall then table the report in the Assembly.

8.  Section 10 of the Act is repealed and the following substituted:

Rules

10.  (1)  The Review Council may establish rules of procedure for complaints committees and for hearing panels and the Review Council shall make the rules available to the public.

Regulations Act

(2)  The Regulations Act does not apply to rules established by the Review Council.

SPPA, s. 28

(3)  Section 28 of the Statutory Powers Procedure Act does not apply to the Review Council.

Use of official languages of courts

10.1  (1)  The information provided under subsections 9 (1), (3) and (4) and any rules established under subsection 10 (1) shall be made available in English and French.

Same

(2)  Complaints against justices of the peace may be made in English or French.

Same

(3)  A hearing under section 11.1 shall be conducted in English, but a complainant or witness who speaks French or a justice of the peace who is the subject of a complaint and who speaks French is entitled, on request,

(a) to be given, before the hearing, French translations of documents that are written in English and are to be considered at the hearing;

(b) to be provided with the assistance of an interpreter at the hearing; and

(c) to be provided with simultaneous interpretation into French of the English portions of the hearing.

Bilingual hearing

(4)  The Review Council may direct that a hearing to which subsection (3) applies be conducted bilingually, if it is of the opinion that it can be properly conducted in that manner.

Part of hearing

(5)  A direction under subsection (4) may apply to a part of the hearing and, in that case, subsections (6) and (7) apply with necessary modifications.

Same

(6)  In a bilingual hearing,

(a) oral evidence and submissions may be given or made in English or French, and shall be recorded in the language in which they are given or made;

(b) documents may be filed in either language; and

(c) the reasons for a decision may be written in either language.

Same

(7)  In a bilingual hearing, if the complainant or the justice of the peace who is the subject of the complaint does not speak both languages, he or she is entitled, on request, to have simultaneous interpretation of any evidence, submissions or discussions spoken in the other language and translation of any document filed or reasons written in the other language.

Complaint re justice of the peace

10.2  (1)  Any person may make a complaint to the Review Council about the conduct of a justice of the peace.

Same

(2)  A complaint to the Review Council must be made in writing.

Same

(3)  If a complaint about the conduct of a justice of the peace is made to any other justice of the peace or to a judge or the Attorney General, the other justice of the peace or the judge or the Attorney General, as the case may be, shall provide the person making the complaint with information about the Review Council’s role in the justice system and about how a complaint may be made, and shall refer the person to the Review Council.

Information re complaint

(4)  At any person’s request, the Review Council may confirm or deny that a particular complaint has been made to it.

9.  On the later of the day section 8 of Schedule B to the Access to Justice Act, 2006 comes into force and section 134 of Schedule F to that Act comes into force, subsection 10 (2) of the Justices of the Peace Act is repealed and the following substituted:

Legislation Act, 2006

(2)  Part III (Regulations) of the Legislation Act, 2006 does not apply to rules established by the Review Council.

10.  Section 11 of the Act is repealed and the following substituted:

Investigations

Complaints committees

11.  (1)  As soon as possible after receiving a complaint about the conduct of a justice of the peace, the Review Council shall establish a complaints committee and the complaints committee shall investigate the complaint and dispose of the matter as provided in subsection (15).

Composition

(2)  A complaints committee shall be composed of,

(a) a judge who shall chair the complaints committee;

(b) a justice of the peace; and

(c) a member who is neither a judge nor a justice of the peace.

Timely reporting to complainant

(3)  The complaints committee shall report in a timely manner to the complainant that it has received the complaint and it shall report in a timely manner to the complainant on its disposition of the matter.

Disqualification

(4)  The members of a complaints committee who investigate a complaint shall not participate in a hearing in respect of the complaint.

Rotation of members

(5)  The eligible members of the Review Council shall all serve on complaints committees on a rotating basis.

Quorum

(6)  All the members of a complaints committee constitute a quorum.

Investigation

(7)  The complaints committee shall conduct such investigation as it considers appropriate.

Investigation private

(8)  The investigation shall be conducted in private.

Powers of complaints committee

(9)  Section 4.2, subsections 12 (1) to (3.1) and sections 13, 14, 15 and 22 of the Statutory Powers Procedure Act apply to the activities of a complaints committee.

Rules of procedure

(10)  The rules of procedure established under subsection 10 (1) apply to the activities of a complaints committee.

Interim recommendations

(11)  The complaints committee may recommend to a regional senior judge that, until the final disposition of a complaint,

(a) the justice of the peace who is the subject of a complaint not be assigned work; or

(b) the justice of the peace who is the subject of a complaint be reassigned to another location.

Same

(12)  The recommendation shall be made to the regional senior judge appointed for the region to which the justice of the peace is assigned and the regional senior judge may,

(a) decide to not assign work to the justice of the peace until the final disposition of the complaint but he or she shall continue to be paid; or

(b) with the consent of the justice of the peace, reassign him or her to another location until the final disposition of the complaint.

Exception: certain complaints

(13)  If the complaint is against a justice of the peace or regional senior justice of the peace who is a member of the Review Council, any recommendation under subsection (11) in connection with the complaint shall be made to the Chief Justice of the Ontario Court of Justice, who may,

(a) decide to not assign work to the justice of the peace or regional senior justice of the peace until the final disposition of the complaint but he or she shall continue to be paid; or

(b) with the consent of the justice of the peace or regional senior justice of the peace, reassign him or her to another location until the final disposition of the complaint.

Same

(14)  A justice of the peace or regional senior justice of the peace who is a member of the Review Council and who is the subject of a complaint shall not be a member of any complaints committee or hearing panel until the final disposition of the complaint.

Complaints committee’s decision

(15)  When its investigation is complete, the complaints committee shall,

(a) dismiss the complaint if it is frivolous, an abuse of process or outside the jurisdiction of the complaints committee;

(b) invite the justice of the peace to attend before the complaints committee to receive advice concerning the issues raised in the complaint or send the justice of the peace a letter of advice concerning the issues raised in the complaint, or both;

(c) order that a formal hearing into the complaint be held by a hearing panel; or

(d) refer the complaint to the Chief Justice of the Ontario Court of Justice.

Compensation

(16)  The complaints committee may recommend that the justice of the peace be compensated for all or part of the cost of legal services incurred in connection with the investigation.

Maximum

(17)  The amount of compensation recommended under subsection (16) shall be based on a rate for legal services that does not exceed the maximum rate normally paid by the Government of Ontario for similar services.

Report

(18)  The complaints committee shall report to the Review Council on its decision and, except where it orders a formal hearing, it shall not identify the complainant or the justice of the peace who is the subject of the complaint in the report.

Frivolous complaints, etc.

(19)  Without restricting the powers of a complaints committee under clause (15) (a), a complaints committee may dismiss a complaint at any time if it is of the opinion that the complaint is frivolous, an abuse of process or outside the jurisdiction of the complaints committee.

Hearings

Hearing panels

11.1  (1)  When a hearing is ordered under subsection 11 (15), the chair of the Review Council shall establish a hearing panel from among the members of the Review Council to hold a hearing in accordance with this section.

Composition

(2)  A hearing panel shall be composed of,

(a) a judge who shall chair the panel;

(b) a justice of the peace; and

(c) a member who is a judge, a lawyer or a member of the public.

Quorum

(3)  All the members of the panel constitute a quorum.

Application of SPPA

(4)  The Statutory Powers Procedure Act, except sections 4 and 28, applies to the hearing.

Rules of procedure

(5)  The rules of procedure established under subsection 10 (1) apply to the hearing.

Communication re subject-matter of hearing

(6)  The members of the panel participating in the hearing shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any party, counsel, agent or other person, unless all the parties and their counsel or agents receive notice and have an opportunity to participate.

Exception

(7)  Subsection (6) does not preclude the Review Council from engaging counsel to assist the panel in accordance with subsection 8 (15).

Parties

(8)  The panel shall determine who are the parties to the hearing.

Orders prohibiting publication

(9)  If the complaint involves allegations of sexual misconduct or sexual harassment, the panel shall, at the request of a complainant or of a witness who testifies to having been the victim of such conduct by the justice of the peace, prohibit the publication of information that might identify the complainant or witness, as the case may be.

Dispositions

(10)  After completing the hearing, the panel may dismiss the complaint, with or without a finding that it is unfounded or, if it upholds the complaint, it may,

(a) warn the justice of the peace;

(b) reprimand the justice of the peace;

(c) order the justice of the peace to apologize to the complainant or to any other person;

(d) order that the justice of the peace take specified measures, such as receiving education or treatment, as a condition of continuing to sit as a justice of the peace;

(e) suspend the justice of the peace with pay, for any period;

(f) suspend the justice of the peace without pay, but with benefits, for a period up to 30 days; or

(g) recommend to the Attorney General that the justice of the peace be removed from office in accordance with section 11.2.

Same

(11)  The panel may adopt any combination of the dispositions set out in clauses (10) (a) to (f).

Disability

(12)  If the panel finds that the justice of the peace is unable, because of a disability, to perform the essential duties of the office, but would be able to perform them if his or her needs were accommodated, it shall order that the justice of the peace’s needs be accommodated to the extent necessary to enable him or her to perform those duties.

Application of subs. (12)

(13)  Subsection (12) applies if,

(a) the effect of the disability on the justice of the peace’s performance of the essential duties of the office was a factor in the complaint; and

(b) the panel dismisses the complaint or makes a disposition under clauses (10) (a) to (f).

Undue hardship

(14)  Subsection (12) does not apply if the panel is satisfied that making an order would impose undue hardship on the person responsible for accommodating the justice of the peace’s needs, considering the cost, outside sources of funding, if any, and health and safety requirements, if any.

Opportunity to participate

(15)  The panel shall not make an order under subsection (12) against a person without ensuring that the person has had an opportunity to participate and make submissions.

Crown bound

(16)  An order made under subsection (12) binds the Crown.

Compensation

(17)  The panel may recommend that the justice of the peace be compensated for all or part of the cost of legal services incurred in connection with the hearing.

Maximum

(18)  The amount of compensation recommended under subsection (17) shall be based on a rate for legal services that does not exceed the maximum rate normally paid by the Government of Ontario for similar services.

Report to Attorney General

(19)  The panel may make a report to the Attorney General about the complaint, investigation, hearing and disposition, subject to any order made under subsection 8 (18), and the Attorney General may make the report public if of the opinion that this would be in the public interest.

Non-identification of persons

(20)  A complainant or witness at whose request an order was made under subsection (9) shall not be identified in the report.

Continuing publication ban

(21)  If an order was made under subsection (9) and the panel dismisses the complaint with a finding that it was unfounded, the justice of the peace shall not be identified in the report without his or her consent and the panel shall order that information that relates to the complaint and might identify the justice of the peace shall never be made public without his or her consent.

Transitional

(22)  A complaint against a justice of the peace that is made to the Review Council before the day this section comes into force, and considered at a meeting of the Review Council before that day, shall be dealt with in accordance with sections 11 and 12 of this Act, as they read immediately before that day.

Removal from office

11.2  (1)  A justice of the peace may be removed from office only by order of the Lieutenant Governor in Council.

Removal for cause

(2)  The order may be made only if,

(a) a complaint about the justice of the peace has been made to the Review Council; and

(b) a hearing panel, after a hearing under section 11.1, recommends to the Attorney General that the justice of the peace be removed on the ground that he or she has become incapacitated or disabled from the due execution of his or her office by reason of,

(i) inability, because of a disability, to perform the essential duties of his or her office, if an order to accommodate the justice of the peace’s needs would not remedy the inability, or could not be made because it would impose undue hardship on the person responsible for meeting those needs, or was made but did not remedy the inability,

(ii) conduct that is incompatible with the due execution of his or her office, or

(iii) failure to perform the duties of his or her office.

Order to be tabled

(3)  The order shall be laid before the Legislative Assembly if it is in session or, if not, within 15 days after the commencement of the next session.

11.  Section 12 of the Act is repealed and the following substituted:

Associate Chief Justice Co-ordinator of Justices of the Peace

12.  The Associate Chief Justice Co-ordinator of Justices of the Peace, under the direction of the Chief Justice of the Ontario Court of Justice shall advise and assist the Chief Justice on all matters related to justices of the peace.

12.  Section 13 of the Act is repealed and the following substituted:

Standards of conduct

13.  (1)  The Associate Chief Justice Co-ordinator of Justices of the Peace may establish standards of conduct for justices of the peace, including a plan for bringing the standards into effect, and shall implement the standards and plan when they have been reviewed and approved by the Review Council.

Duty of Associate Chief Justice Co-ordinator of Justices of the Peace

(2)  The Associate Chief Justice Co-ordinator of Justices of the Peace shall ensure that any standards of conduct are made available to the public, in English and French, when they have been approved by the Review Council.

Goals

(3)  The following are among the goals that the Associate Chief Justice Co-ordinator of Justices of the Peace may seek to achieve by establishing standards of conduct for justices of the peace:

1. Recognizing the independence of justices of the peace.

2. Maintaining the high quality of the justice system and ensuring the efficient administration of justice.

3. Enhancing equality and a sense of inclusiveness in the justice system.

4. Ensuring that conduct of justices of the peace is consistent with the respect accorded to them.

5. Emphasizing the need to ensure the on-going development of justices of the peace and the growth of their social awareness through continuing education.

Justice’s retirement, etc., inability or failure to give decision

Decision after retirement, etc.

13.1  (1)  A justice of the peace may, within 90 days after reaching retirement age, resigning or being appointed to a court, give a decision, or participate in the giving of a decision, in any matter previously tried or heard before the justice of the peace.

Inability to give decision

(2)  If a justice of the peace has commenced hearing a matter and,

(a) dies without giving a decision;

(b) is for any reason unable to make a decision; or

(c) does not give a decision under subsection (1),

a party may make a motion to the Chief Justice of the Ontario Court of Justice for an order that the matter be reheard, and the Chief Justice may order that the matter be reheard by another justice of the peace or by a judge.

Failure to give decision

(3)  If a justice of the peace has heard a matter and fails to give a decision,

(a) in the case of a judgment, within six months; or

(b) in any other case, within three months,

the Chief Justice of the Ontario Court of Justice may extend the time in which the decision may be given and, if necessary, relieve the justice of the peace of his or her other duties until the decision is given.

Continued failure

(4)  If time has been extended under subsection (3) but the justice of the peace fails to give the decision within that time, unless the Chief Justice of the Ontario Court of Justice grants a further extension,

(a) the Chief Justice shall report the failure and the surrounding circumstances to the Review Council as a complaint in accordance with section 10.2; and

(b) a party may make a motion to the Chief Justice for an order that the matter be reheard, and the Chief Justice may order that the matter be reheard by another justice of the peace or by a judge.

Rehearing

(5)  If the Chief Justice of the Ontario Court of Justice makes an order under subsection (2) or clause (4) (b) for the rehearing of a matter, he or she,

(a) may direct that the rehearing be conducted on the transcript of evidence taken at the original hearing, subject to the discretion of the justice of the peace or judge presiding at the rehearing to recall a witness or require further evidence; and

(b) may give such other directions as are considered just.

13.  The Act is amended by adding the following section:

Role of regional senior judges

15.  (1)  The regional senior judge, under the direction of the Chief Justice of the Ontario Court of Justice, shall direct and supervise the sittings of the justices of the peace in his or her region and the assignment of their judicial duties, and the authority of the regional senior judge shall include,

(a) the approval of duty rosters;

(b) the determination of the sittings for justices of the peace and the assignment of justices of the peace to those sittings;

(c) the assignment of cases and other judicial duties to individual justices of the peace;

(d) the determination of sitting schedules and places of sittings for individual justices of the peace; and

(e) the preparation of trial lists and the assignment of court rooms, to the extent necessary to control the determination of who is assigned to hear particular cases.

Dedicated justices

(2)  In exercising his or her functions under subsection (1), the regional senior judge may temporarily assign a per diem justice of the peace to do exclusively one of the following:

1. Hear matters under the Provincial Offences Act.

2. Hear matters under one or more other Ontario Acts specified by the regional senior judge.

3. Hear matters under an Act of the Parliament of Canada.

4. Carry out other judicial duties specified by the regional senior judge.

Delegation

(3)  A regional senior judge of the Ontario Court of Justice may delegate the authority to exercise specified functions under subsections (1) and (2) to the regional senior justice of the peace and to one or more other justices of the peace from the same region.

Transfer to a judge

(4)  In the case of a trial that would otherwise be held before a justice of the peace, any party may submit a request to the regional senior judge of the Ontario Court of Justice for the region to have the trial held before a judge, and the regional senior judge shall determine whether the matter shall be heard by a judge.

Delegation

(5)  A regional senior judge of the Ontario Court of Justice may delegate the authority to exercise his or her functions under subsection (4) to a judge of the Ontario Court of Justice.

Final decision

(6)  A decision made by a regional senior judge or his or her delegate under subsection (4) is final.

Crown rights under other Acts

(7)  Nothing in this section affects the rights of the Crown, the Attorney General or a counsel or agent of either of them, under any other Act, to require that a provincial judge preside over a proceeding in respect of an offence under that Act.

Duties outside court house

(8)  A justice of the peace shall not act as a justice of the peace outside a courthouse except under the direction of the regional senior judge.

Duty rosters public

(9)  The duty rosters shall be made available to the public.

14.  The Act is amended by adding the following section:

Regional senior justices of the peace

16.  (1)  The Lieutenant Governor in Council, on the recommendation of the Attorney General, may appoint a regional senior justice of the peace for each region.

Consultation

(2)  Before recommending an appointment under subsection (1), the Attorney General shall consult with the Chief Justice of the Ontario Court of Justice.

Functions

(3)  A regional senior justice of the peace shall advise and assist the Associate Chief Justice Co-ordinator of Justices of the Peace and the regional senior judge in all matters pertaining to justices of the peace.

Terms of office

(4)  Regional senior justices of the peace each hold office for three years.

Further appointment

(5)  A regional senior justice of the peace may be reappointed once, for a further term of three years, on the recommendation of the Chief Justice of the Ontario Court of Justice and, if the Chief Justice so recommends, the Lieutenant Governor in Council shall reappoint the regional senior justice of the peace.

Salary at end of term

(6)  A regional senior justice of the peace whose term expires continues to be a justice of the peace and is entitled to receive the greater of the current annual salary of a justice of the peace and the annual salary he or she received immediately before the expiry.

Transition

(7)  Regional senior justices of the peace in office immediately before the coming into force of this section are continued in office and,

(a) if a regional senior justice of the peace is serving a first three-year term, he or she may be appointed to a second three-year term; and

(b) if a regional senior justice of the peace is serving a second three-year term, is ineligible for reappointment.

15.  Subsection 17 (2) of the Act is repealed.

16.  Section 18 of the Act is amended by striking out “if any”.

17.  Section 19 of the Act is repealed and the following substituted:

Other work

19.  A justice of the peace shall not engage in any other remunerative work without the approval of the Review Council.

18.  (1)  Clauses 21 (1) (a), (b) and (f) of the Act are repealed and the following substituted:

(a) providing for the remuneration of per diem justices of the peace;

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

19.  Section 22 of the Act is repealed.

Public Authorities Protection Act

20.  Subsections 6 (2), (3) and (4) of the Public Authorities Protection Act are repealed and the following substituted:

Dismissal of action

(2)  In the case of a warrant issued by a justice, if, after such demand and compliance therewith by showing the warrant to and permitting a copy thereof to be taken by the person demanding the same, an action is brought against such constable, police officer, bailiff or officer, or such person so acting, for any cause, on the production and proof of the warrant at the trial of the action, judgment shall be given for the defendant despite any defect of jurisdiction in the justice.

Same

(3)  In the case of a warrant issued by a clerk, if, after such demand and compliance therewith by showing the warrant to and permitting a copy thereof to be taken by the person demanding the same, an action is brought against such constable, police officer, bailiff or officer, or such person so acting, for any cause without making the clerk who issued the warrant a defendant, on the production and proof of the warrant at the trial of the action, judgment shall be given for the defendant despite any defect of jurisdiction in the clerk.

Action brought jointly against clerk and constable or bailiff

(4)  In the case of a warrant issued by a clerk, if the action is brought jointly against such clerk and such constable, police officer, bailiff or other officer or person so acting, on proof of such warrant, judgment shall be given for the constable, police officer, bailiff or other officer and for the person so acting despite the defect in jurisdiction.

Costs

(5)  In the case of a warrant issued by a clerk, if the judgment is given against the clerk, the plaintiff, in addition to any costs awarded to him or her, is entitled to recover such costs as he or she is liable to pay to the defendant for whom judgment is given.

Transition

(6)  Subsections (2), (3) and (4), as they read on the day before the coming into force of section 20 of Schedule B to the Access to Justice Act, 2006, continue to apply with respect to actions commenced on or before that day.

Commencement

Commencement

21.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Access to Justice Act, 2006 receives Royal Assent.

Same

(2)  Sections 1 to 19 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE C
AMENDMENTS TO THE LAW SOCIETY ACT AND RELATED AMENDMENTS TO OTHER ACTS

Amendments to the Law Society Act

1.  The Law Society Act is amended by striking out the heading immediately before section 1 and substituting the following:

PART 0.I

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

“adjudicative body” means any body that, after the presentation of evidence or legal argument by one or more persons, makes a decision that affects a person’s legal interests, rights or responsibilities and, without limiting the generality of the foregoing, includes,

(a) a federal or provincial court,

(b) a tribunal established under an Act of Parliament or under an Act of the Legislature of Ontario,

(c) a commission or board appointed under an Act of Parliament or under an Act of the Legislature of Ontario to conduct an inquiry or inquest, and

(d) an arbitrator; (“organisme juridictionnel”)

(2)  The definition of “Appeal Panel” in subsection 1 (1) of the Act is amended by striking out “established” and substituting “continued”.

(3)  The definitions of “certificate of authorization” and “elected bencher” in subsection 1 (1) of the Act are repealed and the following substituted:

“certificate of authorization” means a certificate of authorization issued under this Act authorizing the corporation named in it to practise law in Ontario, to provide legal services in Ontario or to do both; (“certificat d’autorisation”)

“elected bencher” means a person who is elected as a bencher under subsection 15 (1) or 16 (1) or becomes a bencher under subsection 15 (3) or 16 (3) or (6); (“conseiller élu”)

(4)  The definition of “Hearing Panel” in subsection 1 (1) of the Act is amended by striking out “established” and substituting “continued”.

(5)  Subsection 1 (1) of the Act is amended by adding the following definitions:

“licence” means a licence issued under this Act; (“permis”)

“licensed” means licensed under this Act; (“pourvu d’un permis”)

“licensee” means,

(a) a person licensed to practise law in Ontario as a barrister and solicitor, or

(b) a person licensed to provide legal services in Ontario; (“titulaire de permis”)

(6)  The definition of “member” in subsection 1 (1) of the Act is repealed.

(7)  Subsection 1 (1) of the Act is amended by adding the following definitions:

“person who is authorized to practise law in Ontario” means,

(a) a person who is licensed to practise law in Ontario as a barrister and solicitor and whose licence is not suspended, or

(b) a person who is not a licensee but is permitted by the by-laws to practise law as a barrister and solicitor in Ontario; (“personne autorisée à pratiquer le droit en Ontario”)

“person who is authorized to provide legal services in Ontario” means,

(a) a person who is licensed to provide legal services in Ontario and whose licence is not suspended, or

(b) a person who is not a licensee but is permitted by the by-laws to provide legal services in Ontario; (“personne autorisée à fournir des services juridiques en Ontario”)

“professional business” means,

(a) in the case of a person licensed to practise law in Ontario as a barrister and solicitor, the practice of law and the business operations relating to it,

(b) in the case of a person licensed to provide legal services in Ontario, the provision of legal services and the business operations relating to it; (“activités professionnelles”)

(8)  The definition of “professional corporation” in subsection 1 (1) of the Act is repealed and the following substituted:

“professional corporation” means a corporation incorporated or continued under the Business Corporations Act that holds a valid certificate of authorization; (“société professionnelle”)

(9)  The definition of “Secretary” in subsection 1 (1) of the Act is repealed.

(10)  Section 1 of the Act is amended by adding the following subsections:

Licensee

(4)  For greater certainty, a person whose licence is suspended or is in abeyance is a licensee, but a person whose licence has been revoked, whose application to surrender his or her licence has been accepted under section 30 or whose licence is deemed to have been surrendered under section 31 is not a licensee.

Provision of legal services

(5)  For the purposes of this Act, a person provides legal services if the person engages in conduct that involves the application of legal principles and legal judgment with regard to the circumstances or objectives of a person.

Same

(6)  Without limiting the generality of subsection (5), a person provides legal services if the person does any of the following:

1. Gives a person advice with respect to the legal interests, rights or responsibilities of the person or of another person.

2. Selects, drafts, completes or revises, on behalf of a person,

i. a document that affects a person’s interests in or rights to or in real or personal property,

ii. a testamentary document, trust document, power of attorney or other document that relates to the estate of a person or the guardianship of a person,

iii. a document that relates to the structure of a sole proprietorship, corporation, partnership or other entity, such as a document that relates to the formation, organization, reorganization, registration, dissolution or winding-up of the entity,

iv. a document that relates to a matter under the Bankruptcy and Insolvency Act (Canada),

v. a document that relates to the custody of or access to children,

vi. a document that affects the legal interests, rights or responsibilities of a person, other than the legal interests, rights or responsibilities referred to in subparagraphs i to v, or

vii. a document for use in a proceeding before an adjudicative body.

3. Represents a person in a proceeding before an adjudicative body.

4. Negotiates the legal interests, rights or responsibilities of a person.

Representation in a proceeding

(7)  Without limiting the generality of paragraph 3 of subsection (6), doing any of the following shall be considered to be representing a person in a proceeding:

1. Determining what documents to serve or file in relation to the proceeding, determining on or with whom to serve or file a document, or determining when, where or how to serve or file a document.

2. Conducting an examination for discovery.

3. Engaging in any other conduct necessary to the conduct of the proceeding.

Not practising law or providing legal services

(8)  For the purposes of this Act, the following persons shall be deemed not to be practising law or providing legal services:

1. A person who is acting in the normal course of carrying on a profession or occupation governed by another Act of the Legislature, or an Act of Parliament, that regulates specifically the activities of persons engaged in that profession or occupation.

2. An employee or officer of a corporation who selects, drafts, completes or revises a document for the use of the corporation or to which the corporation is a party.

3. An individual who is acting on his or her own behalf, whether in relation to a document, a proceeding or otherwise.

4. An employee or a volunteer representative of a trade union who is acting on behalf of the union or a member of the union in connection with a grievance, a labour negotiation, an arbitration proceeding or a proceeding before an administrative tribunal.

5. A person or a member of a class of persons prescribed by the by-laws, in the circumstances prescribed by the by-laws.

Terms, conditions, etc.

(9)  For the purposes of this Act, a term, condition, limitation or restriction shall be considered to be imposed on a licensee, regardless of whether it is imposed on the licensee or on the licensee’s licence and regardless of whether it is imposed by the by-laws on all licences of the class held by the licensee or is imposed on the particular licensee or on his or her licence by an order made under this Act.

Internal references

(10)  A reference in this Act to something done or omitted to be done under this Act, a Part of this Act or a provision of this Act shall be interpreted as referring to the Act, the Part or the provision, as it read on the day the thing was done or omitted to be done.

3.  The Act is amended by adding the following section:

Transition

Definitions

1.1  (1)  In this section,

“amendment day” means the day subsection 2 (6) of Schedule C to the Access to Justice Act, 2006 comes into force; (“jour de la modification”)

“member” means a member as defined in section 1, as it reads immediately before the amendment day, and “membership” has a corresponding meaning. (“membre”, “qualité de membre”)

Members deemed licensees

(2)  Every person who is a member immediately before the amendment day shall be deemed to become, on the amendment day, a person licensed to practise law in Ontario as a barrister and solicitor and to hold the class of licence determined under the by-laws.

Abeyance

(3)  If a person’s membership in the Society is in abeyance under section 31 immediately before the amendment day, the person’s licence shall be deemed to be in abeyance under section 31 on the amendment day.

Admission application deemed licence application

(4)  If, immediately before the amendment day, an application for admission to the Society as a member under section 27 has not yet been accepted or refused, the application shall be deemed to become, on the amendment day, an application for a licence to practise law in Ontario as a barrister and solicitor.

Resignation application deemed surrender application

(5)  If, immediately before the amendment day, an application by a person under subsection 30 (1) to resign his or her membership in the Society has not yet been accepted or refused, the application shall be deemed to become, on the amendment day, an application by the person under subsection 30 (1) to surrender his or her licence.

Readmission application deemed licence application

(6)  If, immediately before the amendment day, the Hearing Panel has not yet made a decision under subsection 30 (3) or 49.42 (4) respecting an application for readmission as a member, the application shall be deemed to become, on the amendment day, an application to the Society for a new licence to practise law in Ontario as a barrister and solicitor.

Application to restore membership deemed application to restore licence

(7)  If, immediately before the amendment day, an application by a person under subsection 31 (2) to have his or her membership in the Society restored has not yet been accepted or refused, the application shall be deemed to become, on the amendment day, an application by the person under subsection 31 (2) to have his or her licence restored.

Order imposing term, condition, etc.

(8)  If an order imposing a term, condition, limitation or restriction on a person’s rights and privileges as a member is in effect immediately before the amendment day, the order shall be deemed to become, on the amendment day, an order imposing the same term, condition, limitation or restriction on the person’s licence.

Order suspending rights and privileges deemed order suspending licence

(9)  If an order suspending a person’s rights and privileges as a member is in effect immediately before the amendment day, the order shall be deemed to become, on the amendment day, an order suspending the person’s licence.

Prohibition order

(10)  If an order under section 50.2 prohibiting a person from contravening section 50 is in effect immediately before the amendment day, the order shall be deemed to become, on the amendment day, an order under clause 26.3 (1) (a) prohibiting the person from contravening subsection 26.1 (1) or (2), as the case may be.

Termination of orders for failure to use legal skills

(11)  Every order under section 49.1 that is in effect immediately before the day section 42 of Schedule C to the Access to Justice Act, 2006 comes into force is terminated on that day.

Licence deemed permit

(12)  Any of the following licences that is in effect immediately before the amendment day shall be deemed to become, on the amendment day, a permit authorizing the holder to do the same things that were authorized by the licence:

1. A licence authorizing a limited liability partnership to practise law.

2. A licence authorizing a person to give legal advice respecting the law of a jurisdiction outside Canada.

3. A licence authorizing a partnership, corporation or other organization to engage in a practice of law whereby it maintains one or more offices outside Ontario and one or more offices in Ontario.

4. A licence authorizing a person, partnership, corporation or other organization to practise another profession in addition to practising law.

4.  The Act is amended by adding the following heading immediately after section 1.1:

PART I

5.  Subsection 2 (2) of the Act is repealed and the following substituted:

Status

(2)  The Society is a corporation without share capital and its members at a point in time are,

(a) the person who is the Treasurer at that time;

(b) the persons who are benchers at that time;

(c) the persons who are at that time licensed to practise law in Ontario as barristers and solicitors; and

(d) the persons who are at that time licensed to provide legal services in Ontario, who shall be referred to as paralegal members.

6.  Section 3 of the Act is amended by adding “of the Society” after “members”.

7.  The Act is amended by adding the following sections:

Function of the Society

4.1  It is a function of the Society to ensure that,

(a) all persons who practise law in Ontario or provide legal services in Ontario meet standards of learning, professional competence and professional conduct that are appropriate for the legal services they provide; and

(b) the standards of learning, professional competence and professional conduct for the provision of a particular legal service in a particular area of law apply equally to persons who practise law in Ontario and persons who provide legal services in Ontario.

Principles to be applied by the Society

4.2  In carrying out its functions, duties and powers under this Act, the Society shall have regard to the following principles:

1. The Society has a duty to maintain and advance the cause of justice and the rule of law.

2. The Society has a duty to act so as to facilitate access to justice for the people of Ontario.

3. The Society has a duty to protect the public interest.

4. The Society has a duty to act in a timely, open and efficient manner.

5. Standards of learning, professional competence and professional conduct for licensees and restrictions on who may provide particular legal services should be proportionate to the significance of the regulatory objectives sought to be realized.

8.  Subsection 5 (4) of the Act is amended by striking out “members” and substituting “licensees”.

9.  Subsection 6 (1) of the Act is repealed and the following substituted:

Application of Corporations Act

(1)  Section 84, subsections 129 (2) and (3) and section 317 of the Corporations Act do not apply to the Society.

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

11.  Section 10 of the Act is repealed and the following substituted:

Government of the Society

10.  The benchers shall govern the affairs of the Society.

12.  (1)  Subsection 12 (1) of the Act is amended by striking out “members” in the portion before paragraph 1 and substituting “licensees”.

(2)  Subsection 12 (2) of the Act is amended by striking out “whether or not they are members” in the portion before paragraph 1.

(3)  Subsections 12 (3) and (7) of the Act are repealed and the following substituted:

Same

(3)  Subsections (1) and (2) do not apply to a person whose licence is in abeyance under section 31.

. . . . .

Same

(7)  If a bencher licensed to practise law in Ontario as a barrister and solicitor chooses under subsection (6) to continue in office as an elected bencher, he or she is eligible to be re-elected under subsection 15 (1), without prejudice to his or her right to become a bencher under subsection (1) or (2) at any time so long as he or she is still an elected bencher.

Same

(8)  If a bencher licensed to provide legal services in Ontario chooses under subsection (6) to continue in office as an elected bencher, he or she is eligible to be re-elected under subsection 16 (1), without prejudice to his or her right to become a bencher under subsection (1) or (2) at any time so long as he or she is still an elected bencher.

13.  Subsection 13 (1) of the Act is amended by striking out “having to do with the legal profession in any way” and substituting “having to do in any way with the practice of law in Ontario or the provision of legal services in Ontario”.

14.  Section 14 of the Act is amended by striking out “member” and substituting “licensee”.

15.  Section 15 of the Act is repealed and the following substituted:

Benchers licensed to practise law

15.  (1)  Forty persons who are licensed to practise law in Ontario as barristers and solicitors shall be elected as benchers in accordance with the by-laws.

Regions

(2)  The benchers elected under subsection (1) shall be elected for regions prescribed by the by-laws.

Vacancies

(3)  Any vacancies in the offices of benchers who are licensed to practise law in Ontario as barristers and solicitors may be filled in accordance with the by-laws.

Ceasing to be bencher

(4)  A person who is elected as a bencher under subsection (1) or who holds the office of elected bencher under subsection (3) ceases to be a bencher if the person ceases to be licensed to practise law in Ontario as a barrister and solicitor.

16.  The Act is amended by adding the following section:

Benchers licensed to provide legal services

16.  (1)  Two persons who are licensed to provide legal services in Ontario shall be elected as benchers in accordance with the by-laws.

Regions

(2)  If the by-laws so require, the benchers elected under subsection (1) shall be elected for regions prescribed by the by-laws.

Vacancies

(3)  Any vacancies in the offices of benchers who are licensed to provide legal services in Ontario may be filled in accordance with the by-laws.

Ceasing to be bencher

(4)  A person who is elected as a bencher under subsection (1) or who holds the office of elected bencher under subsection (3) ceases to be a bencher if the person ceases to be licensed to provide legal services in Ontario.

First election

(5)  The first election of benchers under subsection (1) shall take place on the day prescribed by the by-laws.

Interim benchers

(6)  Until the first election of benchers under subsection (1) takes place, their offices shall be filled by two persons appointed by the Attorney General for Ontario from among the five persons appointed to the Paralegal Standing Committee under clause 25.2 (2) (a).

Same

(7)  The benchers who hold office under subsection (6) at the time of the first election of the five persons referred to in clause 25.1 (3) (a) to the Paralegal Standing Committee continue to hold office under subsection (6) until the first election of benchers under subsection (1) takes place.

17.  (1)  Subsection 23 (1) of the Act is repealed and the following substituted:

Lay benchers

(1)  The Lieutenant Governor in Council may appoint eight persons who are not licensees as benchers.

(2)  Subsection 23 (2) of the Act is repealed and the following substituted:

Term of office

(2)  Every appointment under subsection (1) expires immediately before the first regular Convocation following the first election of benchers under subsection 15 (1) that takes place after the effective date of the appointment.

(3)  Section 23 of the Act is amended by adding the following subsection:

Termination of appointment

(5)  A person’s appointment under this section is terminated if the person becomes a licensee.

18.  Subsection 25 (3) of the Act is repealed and the following substituted:

Re-election as Treasurer

(3)  The Treasurer is eligible for re-election as Treasurer, despite having ceased to hold office as an elected bencher, but,

(a) after a new election of benchers takes place under subsection 15 (1), a Treasurer who is a person licensed to practise law in Ontario may be re-elected as Treasurer only if he or she was elected as a bencher in that election; and

(b) after a new election of benchers takes place under subsection 16 (1), a Treasurer who is a person licensed to provide legal services in Ontario may be re-elected as Treasurer only if he or she was elected as a bencher in that election.

19.  The Act is amended by adding the following sections:

Paralegal Standing Committee

Paralegal Standing Committee

Establishment

25.1  (1)  Convocation shall establish a standing committee to be known as the Paralegal Standing Committee in English and Comité permanent des parajuristes in French.

Jurisdiction

(2)  The Committee shall be responsible for such matters as the by-laws specify relating to the regulation of persons who provide legal services in Ontario.

Composition

(3)  The Committee shall consist of 13 persons, of whom,

(a) five shall be persons licensed to provide legal services in Ontario;

(b) five shall be elected benchers who are licensed to practise law in Ontario as barristers and solicitors; and

(c) three shall be lay benchers.

Committee members licensed to provide legal services

(4)  The five persons referred to in clause (3) (a) shall be elected as members of the Committee in accordance with the by-laws.

Vacancies

(5)  Any vacancies in the offices of the five persons referred to in clause (3) (a) shall be filled in accordance with the by-laws.

Other Committee members

(6)  The five persons referred to in clause (3) (b) and the three persons referred to in clause (3) (c) shall be appointed as members of the Committee by Convocation on the recommendation of the Treasurer.

Chair

(7)  The chair of the Committee shall be one of the five persons referred to in clause (3) (a) and shall be appointed by the Committee in accordance with the by-laws.

Ceasing to be member of Committee

(8)  A person referred to in clause (3) (a) who is elected as a member of the Committee under subsection (4) or who becomes a member of the Committee under subsection (5) ceases to be a member of the Committee if the person ceases to be licensed to provide legal services in Ontario.

Same

(9)  A person referred to in clause (3) (b) who is appointed as a member of the Committee under subsection (6) ceases to be a member of the Committee if the person ceases to be an elected bencher licensed to practise law in Ontario as a barrister and solicitor.

Same

(10)  A person referred to in clause (3) (c) who is appointed as a member of the Committee under subsection (6) ceases to be a member of the Committee if the person ceases to be a lay bencher.

Interim Committee

25.2  (1)  The first election of the five persons referred to in clause 25.1 (3) (a) shall take place on the day prescribed by the by-laws.

Same

(2)  Until the first election of the five persons referred to in clause 25.1 (3) (a) takes place,

(a) their offices shall be filled by five persons appointed by the Attorney General for Ontario; and

(b) the office of chair of the Committee shall be filled by a person appointed by the Attorney General for Ontario from among the five persons appointed under clause (a).

Same

(3)  Until the day subsection 2 (6) of Schedule C to the Access to Justice Act, 2006 comes into force, the offices of the five persons referred to in clause 25.1 (3) (b) shall be filled by five elected benchers as defined in section 1, as it reads before that day, who shall be appointed as members of the Committee by Convocation on the recommendation of the Treasurer.

20.  Section 26 of the Act is repealed and the following substituted:

Meeting

26.  (1)  The Treasurer shall convene a meeting of the following persons in each year for the purpose set out in subsection (2):

1. The chair and the vice-chair of each standing committee.

2. The president of each county or district law association, or his or her nominee, being a member of his or her association.

3. One person licensed to practise law in Ontario as a barrister and solicitor who is a full-time teacher at each law school in Ontario approved by the Society, to be appointed annually by the faculty of the law school.

Purpose

(2)  The purpose of the meeting is to consider the manner in which the persons licensed to practise law in Ontario as barristers and solicitors are discharging their obligations to the public and generally matters affecting the practice of law as a whole.

21.  The Act is amended by adding the following heading immediately after section 26:

PART I.1

22.  The Act is amended by adding the following sections:

Prohibitions and Offences

Prohibitions

Non-licensee practising law or providing legal services

26.1  (1)  Subject to subsection (5), no person, other than a licensee whose licence is not suspended, shall practise law in Ontario or provide legal services in Ontario.

Non-licensee holding out, etc.

(2)  Subject to subsections (6) and (7), no person, other than a licensee whose licence is not suspended, shall hold themself out as, or represent themself to be, a person who may practise law in Ontario or a person who may provide legal services in Ontario.

Licensee practising law or providing legal services

(3)  No licensee shall practise law in Ontario or provide legal services in Ontario except to the extent permitted by the licensee’s licence.

Licensee holding out, etc.

(4)  No licensee shall hold themself out as, or represent themself to be, a person who may practise law in Ontario or a person who may provide legal services in Ontario, without specifying, in the course of the holding out or representation, the restrictions, if any,

(a) on the areas of law that the licensee is authorized to practise or in which the licensee is authorized to provide legal services; and

(b) on the legal services that the licensee is authorized to provide.

Exception, non-licensee practising law or providing legal services

(5)  A person who is not a licensee may practise law or provide legal services in Ontario if and to the extent permitted by the by-laws.

Exception, non-licensee holding out, etc.

(6)  A person who is not a licensee may hold themself out as, or represent themself to be, a person who may practise law in Ontario, if,

(a) the by-laws permit the person to practise law in Ontario; and

(b) the person specifies, in the course of the holding out or representation, the restrictions, if any, on the areas of law that the person is authorized to practise.

Same

(7)  A person who is not a licensee may hold themself out as, or represent themself to be, a person who may provide legal services in Ontario, if,

(a) the by-laws permit the person to provide legal services in Ontario; and

(b) the person specifies, in the course of the holding out or representation, the restrictions, if any,

(i) on the areas of law in which the person is authorized to provide legal services, and

(ii) on the legal services that the person is authorized to provide.

Agent

(8)  This section applies to a person, even if the person is acting as agent under the authority of an Act of the Legislature or an Act of Parliament.

Offences

Contravening s. 26.1

26.2  (1)  Every person who contravenes section 26.1 is guilty of an offence and on conviction is liable to a fine of,

(a) not more than $25,000 for a first offence; and

(b) not more than $50,000 for each subsequent offence.

Giving foreign legal advice

(2)  Every person who gives legal advice respecting the law of a jurisdiction outside Canada in contravention of the by-laws is guilty of an offence and on conviction is liable to a fine of,

(a) not more than $25,000 for a first offence; and

(b) not more than $50,000 for each subsequent offence.

Condition of probation order: compensation or restitution

(3)  The court that convicts a person of an offence under this section may prescribe as a condition of a probation order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence.

Condition of probation order: not to contravene s. 26.1

(4)  The court that convicts a person of an offence under subsection (1) may prescribe as a condition of a probation order that the person shall not contravene section 26.1.

Condition of probation order: not to give foreign legal advice

(5)  The court that convicts a person of an offence under subsection (2) may prescribe as a condition of a probation order that the person shall not give legal advice respecting the law of a jurisdiction outside Canada in contravention of the by-laws.

Order for costs

(6)  Despite any other Act, the court that convicts a person of an offence under this section may order the person to pay the prosecutor costs toward fees and expenses reasonably incurred by the prosecutor in the prosecution.

Deemed order

(7)  A certified copy of an order for costs made under subsection (6) may be filed in the Superior Court of Justice by the prosecutor and, on filing, shall be deemed to be an order of that court for the purposes of enforcement.

Limitation

(8)  A prosecution for an offence under this section shall not be commenced more than two years after the date on which the offence was alleged to have been committed.

Order prohibiting contravention, etc.

26.3  (1)  On the application of the Society, the Superior Court of Justice may,

(a) make an order prohibiting a person from contravening section 26.1, if the court is satisfied that the person is contravening or has contravened section 26.1;

(b) make an order prohibiting a person from giving legal advice respecting the law of a jurisdiction outside Canada in contravention of the by-laws, if the court is satisfied that the person is giving or has given legal advice respecting the law of a jurisdiction outside Canada in contravention of the by-laws.

No prosecution or conviction required

(2)  An order may be made,

(a) under clause (1) (a), whether or not the person has been prosecuted for or convicted of the offence of contravening section 26.1;

(b) under clause (1) (b), whether or not the person has been prosecuted for or convicted of the offence of giving legal advice respecting the law of a jurisdiction outside Canada in contravention of the by-laws.

Order to vary or discharge

(3)  Any person may apply to the Superior Court of Justice for an order varying or discharging an order made under subsection (1).

23.  (1)  The heading immediately preceding section 27 and subsections 27 (1), (2) and (3) of the Act are repealed and the following substituted:

Licensing

Licensing

Classes of licence

(1)  The classes of licence that may be issued under this Act, the scope of activities authorized under each class of licence and any terms, conditions, limitations or restrictions imposed on each class of licence shall be as set out in the by-laws.

Good character requirement

(2)  It is a requirement for the issuance of every licence under this Act that the applicant be of good character.

Duty to issue licence

(3)  If a person who applies to the Society for a class of licence in accordance with the by-laws meets the qualifications and other requirements set out in this Act and the by-laws for the issuance of that class of licence, the Society shall issue a licence of that class to the applicant.

(2)  Subsection 27 (4) of the Act is amended by striking out “for admission to the Society” and substituting “for a licence”.

(3)  Subsection 27 (6) of the Act is amended by striking out “for admission to the Society” and substituting “for a licence”.

(4)  Subsection 27 (7) of the Act is repealed.

24.  Section 27.1 of the Act is repealed and the following substituted:

Register

27.1  (1)  The Society shall establish and maintain a register of persons who have been issued licences.

Contents of register

(2)  Subject to any by-law respecting the removal of information from the register, the register shall contain the following information:

1. The name of each licensee.

2. The class of licence issued to each licensee.

3. For each licensee, all terms, conditions, limitations and restrictions that are imposed on the licensee under this Act, other than terms, conditions, limitations and restrictions that are imposed by the by-laws on all licences of that class.

4. An indication of every suspension, revocation, abeyance or surrender of a licence.

5. Any other information required by the by-laws.

Availability to public

(3)  The Society shall make the register available for public inspection in accordance with the by-laws.

25.  The heading immediately preceding section 28 and sections 28 and 28.1 of the Act are repealed.

26.  Sections 29 and 30 of the Act are repealed and the following substituted:

Officers of the courts

29.  Every person who is licensed to practise law in Ontario as a barrister and solicitor is an officer of every court of record in Ontario.

Surrender of licence

30.  (1)  A licensee may apply to the Society in accordance with the by-laws to surrender his or her licence.

Acceptance of surrender

(2)  A licence is surrendered when the application to surrender the licence is accepted by the Society in accordance with the by-laws.

27.  (1)  Subsection 31 (1) of the Act is amended by striking out “The membership” at the beginning and substituting “The licence”.

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

Restoration

(2)  Upon ceasing to hold an office described in subsection (1), a person whose licence is in abeyance may apply to the Society to have the licence restored and, subject to subsection (3), the Society shall restore it.

(3)  Subsection 31 (3) of the Act is amended by striking out “the membership of a person whose membership is in abeyance” in the portion before clause (a) and substituting “the licence of a person whose licence is in abeyance”.

(4)  Clause 31 (3) (c) of the Act is repealed and the following substituted:

(c) conduct that, if done by a licensee, would be professional misconduct or conduct unbecoming a licensee.

(5)  Subsection 31 (4) of the Act is amended by striking out “membership” and substituting “licence”.

(6)  Section 31 of the Act is amended by adding the following subsection:

Deemed surrender of licence

(5)  If the Hearing Panel refuses to restore a person’s licence, the person’s licence shall be deemed to have been surrendered.

28.  Section 32 of the Act is repealed.

29.  Section 33 of the Act is repealed and the following substituted:

Prohibited conduct

33.  A licensee shall not engage in professional misconduct or conduct unbecoming a licensee.

30.  (1)  Subsection 34 (1) of the Act is amended by striking out “member or student member” and substituting “licensee”.

(2)  Subsection 34 (2) of the Act is amended by striking out “member or student member” and substituting “licensee”.

31.  (1)  Subsection 35 (1) of the Act is amended by striking out “member or student member” in the portion before paragraph 1 and substituting “licensee”.

(2)  Paragraphs 1, 2 and 3 of subsection 35 (1) of the Act are repealed and the following substituted:

1. An order revoking the licensee’s licence.

2. An order permitting the licensee to surrender his or her licence.

3. An order suspending the licensee’s licence,

i. for a definite period,

ii. until terms and conditions specified by the Hearing Panel are met to the satisfaction of the Society, or

iii. for a definite period and, after that, until terms and conditions specified by the Hearing Panel are met to the satisfaction of the Society.

(3)  Paragraph 4 of subsection 35 (1) of the Act is amended by striking out “member or student member” and substituting “licensee”.

(4)  Paragraph 5 of subsection 35 (1) of the Act is amended by striking out “member or student member” and substituting “licensee”.

(5)  Paragraph 6 of subsection 35 (1) of the Act is amended by striking out “member or student member” and substituting “licensee”.

(6)  Paragraph 7 of subsection 35 (1) of the Act is repealed and the following substituted:

7. An order restricting the areas of law that the licensee may practise or in which the licensee may provide legal services.

7.1 An order restricting the legal services that the licensee may provide.

(7)  Paragraphs 8 to 17 of subsection 35 (1) of the Act are repealed and the following substituted:

8. An order that the licensee practise law or provide legal services only,

i. as an employee of a person approved by the Society,

ii. as an employee or partner, and under the supervision, of a licensee approved by the Society, or

iii. under the supervision of a licensee approved by the Society.

9. An order that the licensee co-operate in a review of the licensee’s professional business under section 42 and implement the recommendations made by the Society.

10. An order that the licensee maintain a specified type of trust account.

11. An order that the licensee accept specified co-signing controls on the operation of his or her trust accounts.

12. An order that the licensee not maintain any trust account in connection with his or her professional business without leave of the Society.

13. An order requiring the licensee to refund to a client all or a portion of the fees and disbursements paid to the licensee by the client.

14. An order requiring the licensee to pay to the Society, for the Compensation Fund, such amount as the Hearing Panel may fix that does not exceed the total amount of grants made from the Fund as a result of dishonesty on the part of the licensee.

15. An order that the licensee give notice of any order made under this section to such of the following persons as the order may specify:

i. The licensee’s partners or employers.

ii. Other licensees working for the same firm or employer as the licensee.

iii. Clients affected by the conduct giving rise to the order.

(8)  Paragraph 18 of subsection 35 (1) of the Act is amended by striking out “member or student member” and substituting “licensee”.

(9)  Paragraph 19 of subsection 35 (1) of the Act is amended by striking out “member or student member” and substituting “licensee”.

(10)  Paragraph 20 of subsection 35 (1) of the Act is repealed.

(11)  Subsections 35 (3) and (4) of the Act are repealed and the following substituted:

Test results

(3)  If the Hearing Panel makes an order under paragraph 18 of subsection (1), specific results of tests performed in the course of treatment or counselling of the licensee shall be reported pursuant to the order only to a physician or psychologist selected by the Society.

Report to Society

(4)  If test results reported to a physician or psychologist under subsection (3) relate to an order made under paragraph 5 of subsection (1), the Society may require the physician or psychologist to promptly report to it his or her opinion on the licensee’s compliance with the order, but the report shall not disclose the specific test results.

32.  (1)  Subsection 36 (1) of the Act is amended by striking out “member or student member” and substituting “licensee”.

(2)  Subsection 36 (2) of the Act is amended by striking out “member or student member” and substituting “licensee”.

33.  (1)  Subsections 37 (1) and (2) of the Act are repealed and the following substituted:

Interpretation – “incapacitated”

(1)  A licensee is incapacitated for the purposes of this Act if, by reason of physical or mental illness, other infirmity or addiction to or excessive use of alcohol or drugs, he or she is incapable of meeting any of his or her obligations as a licensee.

(2)  Subsections 37 (3), (4) and (5) of the Act are repealed and the following substituted:

Determinations under other Acts

(3)  Subject to subsection (4), the Hearing Panel may determine that a licensee is incapacitated for the purposes of this Act if the licensee has been found under any other Act to be incapacitated within the meaning of that Act.

Conditions controlled by treatment or device

(4)  The Hearing Panel shall not determine that a licensee is incapacitated for the purposes of this Act if, through compliance with a continuing course of treatment or the continuing use of an assistive device, the licensee is capable of meeting his or her obligations as a licensee.

(3)  Subsection 37 (6) of the Act is repealed and the following substituted:

Same

(6)  Despite subsection (4), the Hearing Panel may determine that a licensee who is the subject of an application under section 38 is incapacitated for the purposes of this Act if,

(a) the licensee suffers from a condition that would render the licensee incapacitated were it not for compliance with a continuing course of treatment or the continuing use of an assistive device; and

(b) the licensee has not complied with the continuing course of treatment or used the assistive device on one or more occasions in the year preceding the commencement of the application.

34.  (1)  Subsection 38 (1) of the Act is amended by striking out “member or student member” and substituting “licensee”.

(2)  Subsection 38 (2) of the Act is amended by striking out “member or student member” and substituting “licensee”.

35.  (1)  Subsection 39 (1) of the Act is amended by striking out “member or student member” and substituting “licensee”.

(2)  Clause 39 (3) (a) of the Act is amended by striking out “member or student member” and substituting “licensee”.

(3)  Subsection 39 (4) of the Act is amended by striking out “member or student member” and substituting “licensee”.

(4)  Subsection 39 (6) of the Act is repealed and the following substituted:

Failure to comply

(6)  If the licensee fails to comply with an order under this section, the Hearing Panel may make an order suspending his or her licence until he or she complies.

36.  (1)  Subsection 40 (1) of the Act is amended by striking out “member or student member” in the portion before paragraph 1 and substituting “licensee”.

(2)  Paragraph 1 of subsection 40 (1) of the Act is repealed and the following substituted:

1. An order suspending the licensee’s licence,

i. for a definite period,

ii. until terms and conditions specified by the Hearing Panel are met to the satisfaction of the Society, or

iii. for a definite period and, after that, until terms and conditions specified by the Hearing Panel are met to the satisfaction of the Society.

(3)  Paragraph 2 of subsection 40 (1) of the Act is amended by striking out “member or student member” and substituting “licensee”.

(4)  Paragraphs 3 and 4 of subsection 40 (1) of the Act are repealed and the following substituted:

3. An order restricting the areas of law that the licensee may practise or in which the licensee may provide legal services.

3.1 An order restricting the legal services that the licensee may provide.

4. An order that the licensee practise law or provide legal services only,

i. as an employee of a person approved by the Society,

ii. as an employee or partner, and under the supervision, of a licensee approved by the Society, or

iii. under the supervision of a licensee approved by the Society.

(5)  Paragraph 5 of subsection 40 (1) of the Act is amended by striking out “member or student member” and substituting “licensee”.

(6)  Subsections 40 (3) and (4) of the Act are repealed and the following substituted:

Test results

(3)  If the Hearing Panel makes an order under paragraph 5 of subsection (1), specific results of tests performed in the course of treatment or counselling of the licensee shall be reported pursuant to the order only to a physician or psychologist selected by the Society.

Report to Society

(4)  If test results reported to a physician or psychologist under subsection (3) relate to an order made under paragraph 2 of subsection (1), the Society may require the physician or psychologist to promptly report to it his or her opinion on the licensee’s compliance with the order, but the report shall not disclose the specific test results.

37.  Section 41 of the Act is repealed and the following substituted:

Interpretation – standards of professional competence

41.  A licensee fails to meet standards of professional competence for the purposes of this Act if,

(a) there are deficiencies in,

(i) the licensee’s knowledge, skill or judgment,

(ii) the licensee’s attention to the interests of clients,

(iii) the records, systems or procedures of the licensee’s professional business, or

(iv) other aspects of the licensee’s professional business; and

(b) the deficiencies give rise to a reasonable apprehension that the quality of service to clients may be adversely affected.

38.  (1)  Subsections 42 (1), (2) and (3) of the Act are repealed and the following substituted:

Review: professional competence

(1)  The Society may conduct a review of a licensee’s professional business in accordance with the by-laws for the purpose of determining if the licensee is failing or has failed to meet standards of professional competence, if,

(a) the circumstances prescribed by the by-laws exist; or

(b) the licensee is required by an order under section 35 to co-operate in a review under this section.

Powers

(2)  A person conducting a review under this section may,

(a) enter the business premises of the licensee between the hours of 9 a.m. and 5 p.m. from Monday to Friday or at such other time as may be agreed to by the licensee;

(b) require the production of and examine documents that relate to the matters under review, including client files, and examine systems and procedures of the licensee’s professional business; and

(c) require the licensee and people who work with the licensee to provide information that relates to the matters under review.

Recommendations

(3)  On completion of the review, the Society may make recommendations to the licensee.

(2)  Subsection 42 (4) of the Act is amended by striking out “Secretary” and substituting “Society”.

(3)  Subsection 42 (5) of the Act is amended by striking out “Secretary” and substituting “Society”.

(4)  Subsections 42 (6), (7), (8) and (9) of the Act are repealed and the following substituted:

Acceptance by licensee

(6)  If the Society makes a proposal for an order to the licensee and the licensee accepts the proposal within the time prescribed by the by-laws, the Society shall notify the chair or a vice-chair of the standing committee of Convocation responsible for professional competence and the chair or vice-chair shall appoint a member of the Hearing Panel to review the proposal.

Approval by member of Hearing Panel

(7)  The member of the Hearing Panel who reviews the proposal may make an order giving effect to the proposal, if he or she is of the opinion that it is appropriate to do so.

Modifications to proposal

(8)  The member of the Hearing Panel may include modifications to the proposal in an order under subsection (7), if the licensee and the Society consent in writing to the modifications.

Application of subss. (4) to (8)

(9)  Subsections (4) to (8) do not apply if the licensee is required by an order under section 35 to co-operate in a review of the licensee’s professional business under this section and to implement the recommendations made by the Society.

39.  (1)  Subsection 43 (1) of the Act is amended by striking out “member” and substituting “licensee”.

(2)  Subsection 43 (2) of the Act is amended by striking out “member” and substituting “licensee”.

40.  (1)  Subsection 44 (1) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Professional competence orders

(1)  Subject to the rules of practice and procedure, if an application is made under section 43 and the Hearing Panel determines that the licensee is failing or has failed to meet standards of professional competence, the Panel may make one or more of the following orders:

. . . . .

(2)  Paragraphs 1, 2, 3 and 4 of subsection 44 (1) of the Act are repealed and the following substituted:

1. An order suspending the licensee’s licence,

i. for a definite period,

ii. until terms and conditions specified by the Hearing Panel are met to the satisfaction of the Society, or

iii. for a definite period and, after that, until terms and conditions specified by the Hearing Panel are met to the satisfaction of the Society.

2. An order that the licensee institute new records, systems or procedures in his or her professional business.

3. An order that the licensee obtain professional advice with respect to the management of his or her professional business.

4. An order that the licensee retain the services of a person qualified to assist in the administration of his or her professional business.

(3)  Paragraph 5 of subsection 44 (1) of the Act is amended by striking out “member” and substituting “licensee”.

(4)  Paragraph 6 of subsection 44 (1) of the Act is amended by striking out “member” and substituting “licensee”.

(5)  Paragraphs 7 and 8 of subsection 44 (1) of the Act are repealed and the following substituted:

7. An order restricting the areas of law that the licensee may practise or in which the licensee may provide legal services.

7.1 An order restricting the legal services that the licensee may provide.

8. An order that the licensee practise law or provide legal services only,

i. as an employee of a person approved by the Society,

ii. as an employee or partner, and under the supervision, of a licensee approved by the Society, or

iii. under the supervision of a licensee approved by the Society.

(6)  Paragraph 9 of subsection 44 (1) of the Act is amended by striking out “member” and substituting “licensee”.

(7)  Subsections 44 (3) and (4) of the Act are repealed and the following substituted:

Test results

(3)  If the Hearing Panel makes an order under paragraph 9 of subsection (1), specific results of tests performed in the course of treatment or counselling of the licensee shall be reported pursuant to the order only to a physician or psychologist selected by the Society.

Report to Society

(4)  If test results reported to a physician or psychologist under subsection (3) relate to an order made under paragraph 5 of subsection (1), the Society may require the physician or psychologist to promptly report to it his or her opinion on the licensee’s compliance with the order, but the report shall not disclose the specific test results.

41.  Sections 45, 46 and 47 of the Act are repealed and the following substituted:

Failure to Comply with Order

Suspension for failure to comply with order

45.  (1)  On application by the Society, the Hearing Panel may make an order suspending a licensee’s licence if the Panel determines that the licensee has failed to comply with an order under this Part.

Parties

(2)  The parties to the application are the Society, the licensee who is the subject of the application, and any other person added as a party by the Hearing Panel.

Nature of suspension

(3)  An order under this section may suspend the licensee’s licence,

(a) for a definite period;

(b) until terms and conditions specified by the Hearing Panel are met to the satisfaction of the Society; or

(c) for a definite period and, after that, until terms and conditions specified by the Hearing Panel are met to the satisfaction of the Society.

Summary Orders

Summary suspension for non-payment

46.  (1)  A person appointed for the purpose by Convocation may make an order suspending a licensee’s licence if, for the period prescribed by the by-laws, the licensee has been in default for failure to pay a fee or levy payable to the Society.

Eligibility for appointment

(2)  Convocation shall not appoint a person for the purpose of subsection (1) unless the person is,

(a) a bencher; or

(b) an employee of the Society holding an office prescribed by the by-laws for the purpose of this section.

Length of suspension

(3)  A suspension under this section remains in effect until the licensee pays the amount owing in accordance with the by-laws to the satisfaction of the Society.

Discharge from bankruptcy

(4)  A suspension under this section is not terminated by the licensee’s discharge from bankruptcy, but the licensee may apply to the Hearing Panel under subsection 49.42 (3).

Summary suspension for failure to complete or file

47.  (1)  A person appointed for the purpose by Convocation may make an order suspending a licensee’s licence if, for the period prescribed by the by-laws,

(a) the licensee has been in default for failure to complete or file with the Society any certificate, report or other document that the licensee is required to file under the by-laws; or

(b) the licensee has been in default for failure to complete or file with the Society, or with an insurer through which indemnity for professional liability is provided under section 61, any certificate, report or other document that the licensee is required to file under a policy for indemnity for professional liability.

Eligibility for appointment

(2)  Convocation shall not appoint a person for the purpose of subsection (1) unless the person is,

(a) a bencher; or

(b) an employee of the Society holding an office prescribed by the by-laws for the purpose of this section.

Length of suspension

(3)  A suspension under this section remains in effect until the licensee completes and files the required document in accordance with the by-laws to the satisfaction of the Society.

Summary suspension for failure to comply with indemnity requirements

47.1  (1)  A person appointed for the purpose by Convocation may make an order suspending a licensee’s licence if the licensee has failed to comply with the requirements of the by-laws with respect to indemnity for professional liability.

Eligibility for appointment

(2)  Convocation shall not appoint a person for the purpose of subsection (1) unless the person is,

(a) a bencher; or

(b) an employee of the Society holding an office prescribed by the by-laws for the purpose of this section.

Length of suspension

(3)  A suspension under this section remains in effect until the licensee complies with the requirements of the by-laws with respect to indemnity for professional liability to the satisfaction of the Society.

42.  Sections 48, 49 and 49.1 of the Act are repealed and the following substituted:

Summary revocation

48.  (1)  A person appointed for the purpose by Convocation may make an order revoking a licensee’s licence if an order under section 46, clause 47 (1) (a) or section 47.1 is still in effect more than 12 months after it was made.

Eligibility for appointment

(2)  Convocation shall not appoint a person for the purpose of subsection (1) unless the person is,

(a) a bencher; or

(b) an employee of the Society holding an office prescribed by the by-laws for the purpose of this section.

Summary suspension relating to continuing legal education

49.  (1)  A person appointed for the purpose by Convocation may make an order suspending a licensee’s licence if the licensee has failed to comply with the requirements of the by-laws with respect to continuing legal education.

Eligibility for appointment

(2)  Convocation shall not appoint a person for the purpose of subsection (1) unless the person is,

(a) a bencher; or

(b) an employee of the Society holding an office prescribed by the by-laws for the purpose of this section.

Length of suspension

(3)  A suspension under this section remains in effect until the licensee complies with the requirements of the by-laws with respect to continuing legal education to the satisfaction of the Society.

43.  Sections 49.2, 49.3, 49.4, 49.5, 49.6 and 49.7 of the Act are repealed and the following substituted:

Audits, Investigations, etc.

Audit of financial records

49.2  (1)  The Society may conduct an audit of the financial records of a licensee or group of licensees for the purpose of determining whether the financial records comply with the requirements of the by-laws.

Powers

(2)  A person conducting an audit under this section may,

(a) enter the business premises of the licensee or group of licensees between the hours of 9 a.m. and 5 p.m. from Monday to Friday or at such other time as may be agreed to by the licensee or by any licensee in the group of licensees;

(b) require the production of and examine the financial records maintained in connection with the professional business of the licensee or group of licensees and, for the purpose of understanding or substantiating those records, require the production of and examine any other documents in the possession or control of the licensee or group of licensees, including client files; and

(c) require the licensee or group of licensees, and people who work with the licensee or group of licensees, to provide information to explain the financial records and other documents examined under clause (b) and the transactions recorded in those financial records and other documents.

Investigations

Conduct

49.3  (1)  The Society may conduct an investigation into a licensee’s conduct if the Society receives information suggesting that the licensee may have engaged in professional misconduct or conduct unbecoming a licensee.

Powers

(2)  If an employee of the Society holding an office prescribed by the by-laws for the purpose of this section has a reasonable suspicion that a licensee being investigated under subsection (1) may have engaged in professional misconduct or conduct unbecoming a licensee, the person conducting the investigation may,

(a) enter the business premises of the licensee between the hours of 9 a.m. and 5 p.m. from Monday to Friday or at such other time as may be agreed to by the licensee;

(b) require the production of and examine any documents that relate to the matters under investigation, including client files; and

(c) require the licensee and people who work with the licensee to provide information that relates to the matters under investigation.

Capacity

(3)  The Society may conduct an investigation into a licensee’s capacity if the Society receives information suggesting that the licensee may be, or may have been, incapacitated.

Powers

(4)  If an employee of the Society holding an office prescribed by the by-laws for the purpose of this section is satisfied that there are reasonable grounds for believing that a licensee being investigated under subsection (3) may be, or may have been, incapacitated, the person conducting the investigation may,

(a) enter the business premises of the licensee between the hours of 9 a.m. and 5 p.m. from Monday to Friday or at such other time as may be agreed to by the licensee;

(b) require the production of and examine any documents that relate to the matters under investigation, including client files; and

(c) require the licensee and people who work with the licensee to provide information that relates to the matters under investigation.

44.  (1)  Subsection 49.8 (1) of the Act is amended by striking out “section 49.2, 49.3, 49.4 or 49.15” and substituting “section 42, 49.2, 49.3 or 49.15”.

(2)  Subsection 49.8 (2) of the Act is amended by striking out “section 49.2, 49.3, 49.4 or 49.15” and substituting “section 42, 49.2, 49.3 or 49.15”.

(3)  Section 49.8 of the Act is amended by adding the following subsection:

Transition

(2.1)  Despite clause 15 (2) (a) and section 32 of the Statutory Powers Procedure Act, information that was provided and documents that were produced under section 49.4 of this Act, before its repeal by section 43 of Schedule C to the Access to Justice Act, 2006, are admissible in a proceeding under this Act even if the information or documents are privileged or confidential.

(4)  Subsection 49.8 (3) of the Act is repealed and the following substituted:

Privilege preserved for other purposes

(3)  Subsections (1), (2) and (2.1) do not negate or constitute a waiver of any privilege and, even though information or documents that are privileged must be disclosed under subsection (1) and are admissible in a proceeding under subsections (2) and (2.1), the privilege continues for all other purposes.

45.  Subsection 49.9 (1) of the Act is amended by striking out “section 49.2, 49.3, 49.4 or 49.15” in the portion before clause (a) and substituting “section 42, 49.2, 49.3 or 49.15”.

46.  (1)  Subsection 49.10 (1) of the Act is repealed and the following substituted:

Order for search and seizure

(1)  On application by the Society, the Superior Court of Justice may make an order under subsection (2) if the court is satisfied that there are reasonable grounds for believing,

(a) that one of the following circumstances exists:

(i) a review of a licensee’s professional business under section 42 is authorized,

(ii) an investigation into a licensee’s conduct under subsection 49.3 (1) is authorized, or

(iii) a licensee whose capacity is being investigated under subsection 49.3 (3) may be, or may have been, incapacitated;

(b) that there are documents or other things that relate to the matters under review or investigation in a building, dwelling or other premises specified in the application or in a vehicle or other place specified in the application, whether the building, dwelling, premises, vehicle or place is under the control of the licensee or another person; and

(c) that an order under subsection (2) is necessary,

(i) because of urgency,

(ii) because use of the authority in subsection 42 (2) or 49.3 (2) or (4) is not possible, is not likely to be effective or has been ineffective, or

(iii) because subsection 42 (2) or 49.3 (2) or (4) does not authorize entry into the building, dwelling or other premises specified in the application or the vehicle or other place specified in the application.

(2)  Clause 49.10 (2) (a) of the Act is repealed and the following substituted:

(a) to enter, by force if necessary, any building, dwelling or other premises specified in the order or any vehicle or other place specified in the order, whether the building, dwelling, premises, vehicle or place is under the control of the licensee or another person;

47.  Subsection 49.12 (2) 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) disclosure, if there are reasonable grounds for believing that,

(i) if the disclosure is not made, there is a significant risk of harm to the person who was the subject of the audit, investigation, review, search, seizure or proceeding or to another person, and

(ii) making the disclosure is likely to reduce the risk.

48.  (1)  Subsection 49.15 (2) of the Act is amended by striking out “the Secretary” and substituting “an employee of the Society holding an office prescribed by the by-laws”.

(2)  Clause 49.15 (3) (a) of the Act is amended by striking out “member or student member” and substituting “licensee”.

49.  Sections 49.21 and 49.22 of the Act are repealed and the following substituted:

Hearing Panel

49.21  (1)  The Law Society Hearing Panel is continued under the name Law Society Hearing Panel in English and Comité d’audition du Barreau in French.

Composition

(2)  The Hearing Panel shall consist of at least three persons appointed by Convocation, of whom at least one shall be a person who is not a licensee.

Eligibility for appointment

(3)  A person is not eligible to be appointed to the Hearing Panel unless he or she is,

(a) a bencher;

(b) a licensee; or

(c) a person approved by the Attorney General for Ontario.

Term of office

(4)  Subject to subsections (5) and (6), an appointment as a member of the Hearing Panel shall be for such term, not exceeding four years, as Convocation may fix.

Cessation of eligibility

(5)  A person ceases to be a member of the Hearing Panel if he or she ceases to meet the eligibility requirements in subsection (3).

Appointment at pleasure

(6)  A person appointed as a member of the Hearing Panel holds office at the pleasure of Convocation.

Reappointment

(7)  A person appointed as a member of the Hearing Panel is eligible for reappointment if he or she meets the eligibility requirements in subsection (3).

Transition

(8)  The persons who are members of the Hearing Panel immediately before the day section 49 of Schedule C to the Access to Justice Act, 2006 comes into force cease to be members on that day, unless they are reappointed under this section.

Same

(9)  A person who ceases to be a member of the Hearing Panel under subsection (8) may continue to act as a member of the Hearing Panel with respect to any proceeding commenced before he or she ceases to be a member of the Hearing Panel.

Chair and vice-chair

49.22  (1)  Convocation shall appoint one of the members of the Hearing Panel as chair, and another as vice-chair, of the Hearing Panel.

Term of office

(2)  Subject to subsections (3) and (4), an appointment as chair or vice-chair of the Hearing Panel shall be for such term, not exceeding four years, as Convocation may fix.

Cessation of membership

(3)  A person ceases to be the chair or vice-chair of the Hearing Panel if he or she ceases to be a member of the Hearing Panel.

Appointment at pleasure

(4)  A person appointed as chair or vice-chair of the Hearing Panel holds office at the pleasure of Convocation.

Reappointment

(5)  A person appointed as chair or vice-chair of the Hearing Panel is eligible for reappointment.

Transition

(6)  The person who is the chair of the Hearing Panel immediately before the day section 49 of Schedule C to the Access to Justice Act, 2006 comes into force ceases to be the chair on that day, unless he or she is reappointed under this section.

50.  Subsection 49.23 (2) of the Act is repealed and the following substituted:

Assignment of members

(2)  The chair or, in the absence of the chair, the vice-chair shall assign members of the Hearing Panel to hearings.

51.  Subsection 49.24 (2) of the Act is repealed.

52.  The Act is amended by adding the following section:

Temporary panelists

49.24.1  (1)  If, in the opinion of the chair or, in the absence of the chair, the vice-chair, it is not possible or practical to assign members of the Hearing Panel to a hearing in compliance with a requirement of this Act or of the regulations or in compliance with a requirement made under subsection 49.24 (1), the chair or vice-chair may appoint one or more persons as temporary members of the Hearing Panel for the purposes of that hearing in order to comply with such requirement, and temporary members of the Hearing Panel shall be deemed to be members of the Hearing Panel for the purposes of compliance with such requirement.

Eligibility for appointment

(2)  The chair or vice-chair shall not appoint a person as a temporary member of the Hearing Panel under subsection (1) unless the person is,

(a) a bencher;

(b) a licensee; or

(c) a person approved by the Attorney General for Ontario.

53.  Section 49.27 of the Act is repealed and the following substituted:

Interlocutory orders

49.27  (1)  The Hearing Panel may make an interlocutory order authorized by the rules of practice and procedure, subject to subsection (2).

Exception

(2)  The Hearing Panel shall not make an interlocutory order suspending a licensee’s licence or restricting the manner in which a licensee may practise law or provide legal services, unless there are reasonable grounds for believing that there is a significant risk of harm to members of the public, or to the public interest in the administration of justice, if the order is not made and that making the order is likely to reduce the risk.

54.  Sections 49.29 and 49.30 of the Act are repealed and the following substituted:

Appeal Panel

49.29  (1)  The Law Society Appeal Panel is continued under the name Law Society Appeal Panel in English and Comité d’appel du Barreau in French.

Composition

(2)  The Appeal Panel shall consist of at least five persons appointed by Convocation, of whom at least one shall be a person who is not a licensee.

Eligibility for appointment

(3)  A person is not eligible to be appointed to the Appeal Panel unless he or she is,

(a) a bencher;

(b) a licensee; or

(c) a person approved by the Attorney General for Ontario.

Term of office

(4)  Subject to subsections (5) and (6), an appointment as a member of the Appeal Panel shall be for such term, not exceeding four years, as Convocation may fix.

Cessation of eligibility

(5)  A person ceases to be a member of the Appeal Panel if he or she ceases to meet the eligibility requirements in subsection (3).

Appointment at pleasure

(6)  A person appointed as a member of the Appeal Panel holds office at the pleasure of Convocation.

Reappointment

(7)  A person appointed as a member of the Appeal Panel is eligible for reappointment if he or she meets the eligibility requirements in subsection (3).

Transition

(8)  The persons who are members of the Appeal Panel immediately before the day section 54 of Schedule C to the Access to Justice Act, 2006 comes into force cease to be members on that day, unless they are reappointed under this section.

Same

(9)  A person who ceases to be a member of the Appeal Panel under subsection (8) may continue to act as a member of the Appeal Panel with respect to any proceeding commenced before he or she ceases to be a member of the Appeal Panel.

Chair and vice-chair

49.30  (1)  Convocation shall appoint one of the members of the Appeal Panel as chair, and another as vice-chair, of the Appeal Panel.

Term of office

(2)  Subject to subsections (3) and (4), an appointment as chair or vice-chair of the Appeal Panel shall be for such term, not exceeding four years, as Convocation may fix.

Cessation of membership

(3)  A person ceases to be the chair or vice-chair of the Appeal Panel if he or she ceases to be a member of the Appeal Panel.

Appointment at pleasure

(4)  A person appointed as chair or vice-chair of the Appeal Panel holds office at the pleasure of Convocation.

Reappointment

(5)  A person appointed as chair or vice-chair of the Appeal Panel is eligible for reappointment.

Transition

(6)  The person who is the chair of the Appeal Panel immediately before the day section 54 of Schedule C to the Access to Justice Act, 2006 comes into force ceases to be the chair on that day, unless he or she is reappointed under this section.

55.  Subsections 49.31 (2), (3), (4) and (5) of the Act are repealed and the following substituted:

Assignment of members

(2)  The chair or, in the absence of the chair, the vice-chair shall assign members of the Appeal Panel to hearings.

Composition at hearings

(3)  An appeal to the Appeal Panel shall be heard and determined by such number of members of the Panel as is prescribed by the regulations.

56.  Subsection 49.32 (3) of the Act is repealed and the following substituted:

Appeal from summary orders

(3)  A person who is subject to an order under section 46, 47, 47.1, 48 or 49 may appeal the order to the Appeal Panel.

57.  Subsection 49.36 (2) of the Act is amended by striking out “rights and privileges” and substituting “licence”.

58.  Subsections 49.37 (1) and (2) of the Act are repealed and the following substituted:

Application of other provisions

(1)  Sections 49.24, 49.24.1, 49.26, 49.27 and 49.28 apply, with necessary modifications, to the Appeal Panel.

59.  Clause 49.38 (b) of the Act is repealed and the following substituted:

(b) the proceeding was commenced under section 34 or 38.

60.  Subsection 49.41 (2) of the Act is amended by striking out “rights and privileges” and substituting “licence”.

61.  The heading immediately preceding section 49.42 and section 49.42 of the Act are repealed and the following substituted:

Reinstatement

Application for reinstatement

49.42  (1)  If an order made under this Act suspended a licensee’s licence or restricted the manner in which a licensee may practise law or provide legal services, the Hearing Panel may, on application by the licensee, make an order discharging or varying the order on the basis of fresh evidence or a material change in circumstances.

Exceptions

(2)  Subsection (1) does not apply to an interlocutory order or an order made under section 46, 47, 47.1 or 49.

Discharge from bankruptcy

(3)  If an order made under section 46 suspended a licensee’s licence, the Hearing Panel may, on application by the licensee, make an order discharging or varying the order on the basis that the licensee has been discharged from bankruptcy.

Parties

(4)  The parties to an application under this section are the applicant, the Society and any other person added as a party by the Hearing Panel.

62.  Subsections 49.43 (1) and (2) of the Act are repealed and the following substituted:

Dispute over satisfaction of terms and conditions

(1)  A licensee may apply to the Hearing Panel for a determination of whether terms and conditions specified in an order under this Part have been met if,

(a) the order suspended the licensee’s licence until the terms and conditions were met to the satisfaction of the Society; and

(b) the Society is not satisfied that the terms and conditions have been met.

Powers

(2)  The Hearing Panel shall,

(a) if it determines that the terms and conditions have been met, order that the order suspending the licensee’s licence cease to have effect; or

(b) if it determines that the terms and conditions have not been met, order that the order suspending the licensee’s licence continue in effect.

63.  (1)  Subsection 49.44 (1) of the Act is repealed and the following substituted:

Application

(1)  Sections 49.45 to 49.52 apply to property that is or should be in the possession or control of a licensee in connection with,

(a) the professional business of the licensee;

(b) the business or affairs of a client or former client of the licensee;

(c) an estate for which the licensee is or was executor, administrator or administrator with the will annexed;

(d) a trust of which the licensee is or was a trustee;

(e) a power of attorney under which the licensee is or was the attorney; or

(f) a guardianship under which the licensee is or was the guardian.

(2)  Subsection 49.44 (3) of the Act is amended by striking out “member” and substituting “licensee”.

64.  Section 49.45 of the Act is repealed and the following substituted:

Grounds for order

49.45  An order may be made under section 49.46 or 49.47 with respect to property that is or should be in the possession or control of a licensee only if,

(a) the licensee’s licence has been revoked;

(b) the licensee’s licence is under suspension or the manner in which the licensee may practise law or provide legal services has been restricted;

(c) the licensee has died or has disappeared;

(d) the licensee has neglected or abandoned his or her professional business without making adequate provision for the protection of clients’ interests;

(e) there are reasonable grounds for believing that the licensee has or may have dealt improperly with property that may be subject to an order under section 49.46 or 49.47 or with any other property; or

(f) there are reasonable grounds for believing that other circumstances exist in respect of the licensee or the licensee’s professional business that make an order under section 49.46 or 49.47 necessary for the protection of the public.

65.  Section 49.46 of the Act is amended by striking out “member” and substituting “licensee”.

66.  (1)  Subsection 49.47 (1) of the Act is amended by striking out “member” and substituting “licensee”.

(2)  Paragraphs 3 and 4 of subsection 49.47 (2) of the Act are repealed and the following substituted:

3. Preserving or carrying on the licensee’s professional business.

4. Winding up the licensee’s professional business.

(3)  Clause 49.47 (5) (a) of the Act is amended by striking out “member” and substituting “licensee”.

(4)  Clause 49.47 (5) (d) of the Act is amended by striking out “member” and substituting “licensee”.

(5)  Subsection 49.47 (7) of the Act is amended by striking out “member” and substituting “licensee”.

67.  Section 49.50 of the Act is amended by striking out “member” and substituting “licensee”.

68.  Subsection 49.51 (1) of the Act is amended by striking out “member” and substituting “licensee”.

69.  Section 49.52 of the Act is repealed and the following substituted:

Former licensees or members

49.52  (1)  Sections 49.44 to 49.51 also apply, with necessary modifications, in respect of,

(a) a person who was and has ceased to be a licensee; and

(b) a person who was and has ceased to be a member and has never become a licensee.

Same

(2)  Sections 49.44 to 49.51 apply to property that is or should be in the possession or control of,

(a) a person described in clause (1) (a), before or after the person ceases to practise law or provide legal services; or

(b) a person described in clause (1) (b), before or after the person ceases to practise law.

Same

(3)  In applying sections 49.44, 49.45 and 49.47 to a person described in clause (1) (b),

(a) a reference to a professional business shall be deemed to be a reference to a law practice;

(b) a reference to a licence having been revoked shall be deemed to be a reference to a membership having been revoked; and

(c) a reference to a licence being under suspension shall be deemed to be a reference to rights and privileges as a member being under suspension.

Definitions

(4)  In this section,

“amendment day” means the day subsection 2 (6) of Schedule C to the Access to Justice Act, 2006 came into force; (“jour de la modification”)

“member” means a member as defined in section 1, as it read immediately before the amendment day. (“membre”)

70.  The headings immediately preceding section 50 and sections 50, 50.1 and 50.2 of the Act are repealed and the following substituted:

PART III

71.  (1)  The heading immediately preceding section 51 and subsection 51 (1) of the Act are repealed and the following substituted:

Compensation Fund

Compensation Fund

(1)  The Lawyers Fund for Client Compensation is continued as the Compensation Fund in English and Fonds d’indemnisation in French.

(2)  Subsection 51 (2) of the Act is repealed and the following substituted:

Derivation of funds

(2)  The following shall be paid into the Fund:

1. All money paid to the Society under subsection (3).

2. All money recovered by the Society under subsection (7).

3. All money contributed to the Fund by any person.

4. All money earned from the investment of money in the Fund.

(3)  Subsection 51 (3) of the Act is amended by striking out “member” and substituting “licensee”.

(4)  Subsection 51 (5) of the Act is repealed and the following substituted:

Grants

(5)  Convocation in its absolute discretion may make grants from the Fund in order to relieve or mitigate loss sustained by a person in consequence of,

(a) dishonesty on the part of a person, while a licensee, in connection with his or her professional business or in connection with any trust of which he or she was or is a trustee; or

(b) dishonesty, before the amendment day, on the part of a person, while a member, in connection with his or her law practice or in connection with any trust of which he or she was or is a trustee.

Same

(5.1)  Subsection (5) applies even if after the commission of the act of dishonesty, the dishonest person has died, has ceased to administer his or her affairs or has ceased to be a licensee or member.

Limitation on grants

(5.2)  Without limiting the discretion of Convocation under subsection (5),

(a) if, at the time of the commission of the act of dishonesty, the dishonest person was a member or was licensed to practise law in Ontario as a barrister and solicitor, Convocation may decide not to make a grant under subsection (5) except out of the following money in the Fund,

(i) money paid to the Society under subsection (3),

(A) after the amendment day, by persons licensed to practise law in Ontario as barristers and solicitors, and

(B) before the amendment day, by members,

(ii) money recovered by the Society under subsection (7), whether before or after the amendment day, on account of losses sustained by persons in consequence of,

(A) dishonesty, before the amendment day, on the part of members, and

(B) dishonesty, after the amendment day, on the part of persons licensed to practise law in Ontario as barristers and solicitors,

(iii) money contributed to the Fund, whether before or after the amendment day, that is not money paid to the Society under subsection (3) or money recovered by the Society under subsection (7), and

(iv) regarding money earned, whether before or after the amendment day, from the investment of money in the Fund, the proportion of the earned money that is attributable to the investment of the money referred to in subclauses (i), (ii) and (iii); and

(b) if, at the time of the commission of the act of dishonesty, the dishonest person was licensed to provide legal services in Ontario, Convocation may decide not to make a grant under subsection (5) except out of the following money in the Fund,

(i) money paid to the Society under subsection (3) by persons licensed to provide legal services in Ontario,

(ii) money recovered by the Society under subsection (7) on account of losses sustained by persons in consequence of dishonesty on the part of persons licensed to provide legal services in Ontario,

(iii) money contributed to the Fund that is not money paid to the Society under subsection (3) or money recovered by the Society under subsection (7), and

(iv) regarding money earned from the investment of money in the Fund, the proportion of the earned money that is attributable to the investment of the money referred to in subclauses (i), (ii) and (iii).

(5)  Subsection 51 (6) of the Act is amended by striking out “Secretary” and substituting “Society”.

(6)  Subsections 51 (7), (8) and (9) of the Act are repealed and the following substituted:

Subrogation

(7)  If a grant is made under this section, the Society is subrogated, to the extent of the amount of the grant, to all rights and remedies to which the grantee was entitled on account of the loss in respect of which the grant was made,

(a) against the dishonest person or any other person; or

(b) in the event of the death, insolvency or other disability of the dishonest person or other person, against the personal representative or other person administering the estate.

Grantees’ rights conditionally limited

(8)  A grantee or, in the event of the death, insolvency or other disability of a grantee, the personal representative or other person administering the estate of the grantee, has no right to receive anything from the dishonest person or the dishonest person’s estate, in respect of the loss in respect of which the grant was made, until the Society has been reimbursed the full amount of the grant.

Reimbursement from bankrupt’s estate

(9)  If a grant is made under this section and the dishonest person is or becomes bankrupt, the Society is entitled,

(a) to assert and prove a claim in the bankruptcy for the amount of the grant; and

(b) to receive all dividends on the Society’s claim until the Society has been reimbursed the full amount of the grant.

(7)  Subsection 51 (10) of the Act is amended by striking out “member” wherever it appears and substituting in each case “licensee”.

(8)  Subsection 51 (11.1) of the Act is repealed and the following substituted:

Summons

(11.1)  For the purposes of this section, an employee of the Society holding an office prescribed by the by-laws for the purpose of this section may require any person, by summons,

(a) to give evidence on oath or affirmation at a hearing before Convocation, a committee or a referee; and

(b) to produce in evidence at a hearing before Convocation, a committee or a referee documents and things specified by the employee.

(9)  Section 51 of the Act is amended by adding the following subsection:

Definitions

(13)  In this section,

“amendment day” means the day subsection 2 (6) of Schedule C to the Access to Justice Act, 2006 came into force; (“jour de la modification”)

“member” means a member as defined in section 1, as it read immediately before the amendment day. (“membre”)

72.  (1)  Subsection 55 (2) of the Act is repealed and the following substituted:

Derivation of funds

(2)  The funds of the Foundation shall be derived from,

(a) gifts, bequests and devises received by the Foundation under subsection 56 (2);

(b) money remitted to the Foundation under subsection 57 (3);

(c) money received by the Foundation as interest or other gain on joint accounts maintained under section 57.1;

(d) money paid to the Foundation under subsection 59.7 (3); and

(e) money resulting from the use, disposal or investment of money and other property mentioned in clause (a), (b), (c) or (d).

(2)  Subsection 55 (3) of the Act is amended by striking out “clauses (2) (a), (b.1) and (b.2)” and substituting “clauses (2) (b), (c) and (d)”.

73.  (1)  Paragraph 2 of subsection 56 (3.1) of the Act is amended by striking out “member” at the end and substituting “licensee”.

(2)  Paragraph 3 of subsection 56 (3.1) of the Act is amended by striking out “member” at the end and substituting “licensee”.

(3)  Subsection 56 (3.2) of the Act is repealed and the following substituted:

Accounting

(3.2)  All interest and other profits under the investments and agreements authorized under clauses (1) (d) and (e) accrue to, and become funds of, the Foundation and not a licensee or a client of a licensee or a person claiming through a licensee or client of a licensee.

(4)  Subsection 56 (3.3) of the Act is amended by striking out “member” at the end and substituting “licensee”.

(5)  Subsection 56 (3.4) of the Act is repealed and the following substituted:

Licensee’s responsibility

(3.4)  A licensee is responsible to his or her clients for the operation of a joint account maintained by the licensee under section 57.1 as if it were a trust account held solely by the licensee, and the Foundation is not responsible to any person in respect of the joint account except to the extent that its exercise of its powers under clause (1) (d) or (e) has caused a loss to the person.

74.  (1)  Subsection 57 (1) of the Act is repealed and the following substituted:

Interest on trust funds

Trust funds to bear interest

(1)  Every licensee who holds money in trust for or on account of more than one client in one fund shall hold the money in an account at a bank listed in Schedule I or II to the Bank Act (Canada), a credit union or league to which the Credit Unions and Caisses Populaires Act, 1994 applies or a registered trust corporation, bearing interest at a rate approved by the trustees.

(2)  Subsection 57 (3) of the Act is amended by striking out “member” in the portion before clause (a) and substituting “licensee”.

(3)  Subsections 57 (4) and (5) of the Act are repealed and the following substituted:

Immunity

(4)  Subject to subsection (5), a licensee is not liable, whether as a person practising law or providing legal services or as trustee, to account to any person, whether as client or as settlor or beneficiary of the trust, other than the Foundation, for interest on money held under subsection (1).

Exceptions

(5)  Nothing in this section affects,

(a) any arrangement in writing between a licensee and the person for whom the licensee holds money in trust as to the disposition of the interest accruing on the money; or

(b) any entitlement of a client to the interest accruing on money held in trust in an account separate from any other money.

75.  (1)  Subsection 57.1 (1) of the Act is repealed and the following substituted:

Joint trust accounts

(1)  A licensee who maintains an account to which subsection 57 (1) applies at a financial institution designated by the regulations shall establish and maintain it as a joint account in the name of the licensee and the Foundation, and shall immediately notify the Foundation that the account has been established and provide such details as may be required by the regulations and by the Foundation.

(2)  Subsection 57.1 (2) of the Act is amended by striking out “member” in the portion before clause (a) and substituting “licensee”.

(3)  Subsection 57.1 (3) of the Act is amended by striking out “member” wherever it appears and substituting in each case “licensee”.

76.  (1)  Subsection 57.2 (1) of the Act is repealed and the following substituted:

Immunity

(1)  The Foundation is not liable to any person, and no proceeding shall be commenced against the Foundation, in respect of,

(a) a dealing by a licensee with trust funds or a failure of a licensee to fulfil his or her obligations under section 57 or 57.1; or

(b) a dealing by a member with trust funds, or a failure of a member to fulfil his or her obligations under section 57, before the amendment day.

(2)  Section 57.2 of the Act is amended by adding the following subsection:

Definitions

(3)  In this section,

“amendment day” means the day subsection 2 (6) of Schedule C to the Access to Justice Act, 2006 came into force; (“jour de la modification”)

“member” means a member as defined in section 1, as it read immediately before the amendment day. (“membre”)

77.  (1)  Subsection 58 (1) of the Act is repealed and the following substituted:

Report by Society

(1)  The Society shall in each year report to the Foundation the name and the office or residence address shown by the records of the Society of every licensee who files a report with the Society that shows the licensee holds money on deposit in a trust account for or on account of clients.

(2)  Subsection 58 (2) of the Act is amended by striking out “member” wherever it appears and substituting in each case “licensee”.

78.  Clause 59 (b.1) of the Act is amended by striking out “member” and substituting “licensee”.

79.  Subsection 59.3 (2) of the Act is repealed and the following substituted:

Same

(2)  An application under subsection (1) shall not include a claim in respect of the fees of a person practising law or providing legal services.

80.  (1)  Subsection 59.6 (1) of the Act is amended by striking out “member” wherever it appears and substituting in each case “licensee”.

(2)  Subsections 59.6 (2) and (3) of the Act are repealed and the following substituted:

Approval of application

(2)  If the Society approves an application under subsection (1), the licensee may pay the money to the Society, subject to such terms and conditions as the Society may impose.

Financial records

(3)  A licensee who pays money to the Society under subsection (2) shall provide the Society with copies of financial records relating to the money that are in the licensee’s possession or control.

(3)  Subsection 59.6 (4) of the Act is amended by striking out “member’s” and substituting “licensee’s”.

81.  (1)  Subsection 59.8 (1) of the Act is repealed and the following substituted:

Transfer to trust fund

(1)  Despite section 59.6, the Society may transfer to the trust established by section 59.7 any money received in trust by the Society after February 1, 1999 from a member as defined in section 1, as it read immediately before the day subsection 2 (6) of Schedule C to the Access to Justice Act, 2006 came into force, or from a licensee, if,

(a) immediately before the money was received by the Society, the member or licensee was holding the money in trust for or on account of a person; and

(b) the Society is unable to locate the person entitled to the money or to determine who is entitled to the money.

(2)  Subsection 59.8 (3) of the Act is repealed and the following substituted:

Money held before February 1, 1999

(3)  The Society may transfer to the trust established by section 59.7 any money held in trust by the Society immediately before February 1, 1999, if,

(a) the money was received by the Society from a member as defined in section 1, as it read immediately before the day subsection 2 (6) of Schedule C to the Access to Justice Act, 2006 came into force, who held the money in trust for or on account of a person; and

(b) the Society is unable to locate the person entitled to the money or to determine who is entitled to the money.

(3)  Subsection 59.8 (5) of the Act is repealed and the following substituted:

Liability extinguished

(5)  The transfer by the Society under this section, to the trust established by section 59.7, of money received from a person extinguishes the liability of the person as trustee or fiduciary with respect to the amount transferred.

82.  (1)  Subsection 59.9 (1) of the Act is amended by striking out “The Secretary” at the beginning and substituting “The Society”.

(2)  Subsection 59.9 (2) of the Act is repealed and the following substituted:

Exception

(2)  Subsection (1) does not require publication of,

(a) a name or an address of which the Society is not aware; or

(b) a name or an address of which the Society is aware, if,

(i) publication of the name or address would breach a duty of confidentiality owed by a person who was practising law or providing legal services, or

(ii) there are reasonable grounds for believing that publication of the name or address will result in a significant risk of physical or psychological harm to the person whose name or address is published or to another person.

83.  Subsection 59.13 (1) of the Act is repealed and the following substituted:

Limit on payments

(1)  The total of all payments made to claimants under sections 59.10 and 59.11 in respect of money paid to the Society under section 59.6 by a particular person shall not exceed the amount paid to the Society under section 59.6 by that person.

84.  Section 59.14 of the Act is repealed and the following substituted:

Former licensees and members

59.14  Sections 59.6 to 59.13 also apply, with necessary modifications, in respect of money held in trust by,

(a) a person who was and has ceased to be a licensee; and

(b) a person who was and has ceased to be a member, as defined in section 1 as it read immediately before the day subsection 2 (6) of Schedule C to the Access to Justice Act, 2006 came into force, and has never become a licensee.

85.  Subsection 60 (1) of the Act is repealed and the following substituted:

Education programs and law degrees

Education programs

(1)  The Society may operate programs of pre-licensing education or training and programs of continuing legal education.

86.  Section 61 of the Act is repealed and the following substituted:

Indemnity for professional liability

61.  The Society,

(a) may make arrangements for licensees respecting indemnity for professional liability and respecting the payment and remission of premiums in connection with such indemnity; and

(b) may require that licensees or one or more classes of licensees pay levies to the Society in connection with such indemnity and may exempt licensees or one or more classes of licensees from the requirement to pay all or any part of the levies.

87.  (1)  The Act is amended by adding the following heading immediately before section 61.0.1:

Professional Corporations

(2)  Section 61.0.1 of the Act is repealed and the following substituted:

Professional corporations

61.0.1  (1)  Subject to the by-laws,

(a) one or more persons who are licensed to practise law in Ontario as barristers and solicitors may establish a professional corporation for the purpose of practising law in Ontario;

(b) one or more persons who are licensed to provide legal services in Ontario may establish a professional corporation for the purpose of providing legal services in Ontario;

(c) one or more persons who are licensed to practise law in Ontario as barristers and solicitors and one or more persons who are licensed to provide legal services in Ontario may together establish a professional corporation for the purpose of practising law and providing legal services in Ontario.

Professions governed by this Act

(2)  For the purposes of section 3.1 of the Business Corporations Act, the following professions are governed by this Act and are permitted by this Act to be carried out by a corporation:

1. The practice of law.

2. The provision of legal services.

Application of Business Corporations Act

(3)  If provisions of the Business Corporations Act or of the regulations made under that Act apply to a professional corporation within the meaning of that Act, those provisions apply for the purposes of this Act, subject to subsections (4) and (5).

Shareholders

(4)  For the purposes of subsection 3.2 (2) of the Business Corporations Act, in the case of a professional corporation described in subsection (1) of this section, the following conditions apply instead of the condition set out in paragraph 1 of subsection 3.2 (2) of the Business Corporations Act, despite subsection 3.2 (1) of that Act:

1. All of the issued and outstanding shares of a professional corporation described in clause (1) (a) shall be legally and beneficially owned, directly or indirectly, by one or more persons who are licensed to practise law in Ontario.

2. All of the issued and outstanding shares of a professional corporation described in clause (1) (b) shall be legally and beneficially owned, directly or indirectly, by one or more persons who are licensed to provide legal services in Ontario.

3. All of the issued and outstanding shares of a professional corporation described in clause (1) (c) shall be legally and beneficially owned, directly or indirectly, by one or more persons who are licensed to practise law in Ontario or licensed to provide legal services in Ontario.

Articles of incorporation

(5)  For the purposes of subsection 3.2 (2) of the Business Corporations Act, in the case of a professional corporation described in subsection (1) of this section, the following conditions apply instead of the condition set out in paragraph 5 of subsection 3.2 (2) of the Business Corporations Act, despite subsection 3.2 (1) of that Act:

1. The articles of incorporation of a professional corporation described in clause (1) (a) shall provide that the corporation may not carry on a business other than the practice of law, but this paragraph shall not be construed to prevent the corporation from carrying on activities related to or ancillary to the practice of law, including the investment of surplus funds earned by the corporation.

2. The articles of incorporation of a professional corporation described in clause (1) (b) shall provide that the corporation may not carry on a business other than the provision of legal services, but this paragraph shall not be construed to prevent the corporation from carrying on activities related to or ancillary to the provision of legal services, including the investment of surplus funds earned by the corporation.

3. The articles of incorporation of a professional corporation described in clause (1) (c) shall provide that the corporation may not carry on a business other than the practice of law and the provision of legal services, but this paragraph shall not be construed to prevent the corporation from carrying on activities related to or ancillary to the practice of law and the provision of legal services, including the investment of surplus funds earned by the corporation.

88.  (1)  Subsection 61.0.2 (1) of the Act is repealed and the following substituted:

Register

(1)  The Society shall establish and maintain a register of corporations that have been issued certificates of authorization.

(2)  Section 61.0.2 of the Act is amended by adding the following subsection:

Availability to public

(3)  The Society shall make the register available for public inspection in accordance with the by-laws.

89.  Section 61.0.3 of the Act is amended by striking out “Secretary” and substituting “Society”.

90.  Sections 61.0.4, 61.0.5, 61.0.6 and 61.0.7 of the Act are repealed and the following substituted:

Application of Act, etc.

61.0.4  (1)  Any provision of this Act, the regulations, the by-laws or the rules of practice and procedure that applies to a person who is authorized to practise law in Ontario or a person who is authorized to provide legal services in Ontario continues to apply to such person even if his or her practice of law or provision of legal services is carried on through a professional corporation.

Exercise of powers of Society against corporation

(2)  Sections 33, 34, 35, 36, 45 to 48 and 49.2, subsections 49.3 (1) and (2) and sections 49.8 to 49.10, 49.44 to 49.52, 57 to 59 and 61 apply with necessary modifications to professional corporations,

(a) as if a reference in those provisions to a licensee were a reference to a professional corporation, except in the expression “conduct unbecoming a licensee”, which shall be read as it is and shall not be considered to be a reference to “conduct unbecoming a professional corporation”; and

(b) as if a reference in those provisions to a licence were a reference to a certificate of authorization.

Professional, fiduciary and ethical obligations to clients

61.0.5  (1)  The professional, fiduciary and ethical obligations of a person practising law or providing legal services, to a person on whose behalf he or she is practising law or providing legal services,

(a) are not diminished by the fact that he or she is practising law or providing legal services through a professional corporation; and

(b) apply equally to the corporation and to its directors, officers, shareholders, agents and employees.

Audit, etc.

(2)  If an action or the conduct of a person practising law or providing legal services through a professional corporation is the subject of an audit, investigation or review,

(a) any power that may be exercised under this Act in respect of the person in the course, or as a result, of the audit, investigation or review may be exercised in respect of the corporation; and

(b) the corporation is jointly and severally liable with the person for,

(i) all costs that he or she is required by the by-laws to pay in relation to the audit, investigation or review, and

(ii) all fines and costs that he or she is ordered by the Hearing Panel, the Appeal Panel or a court to pay as a result of the audit, investigation or review.

Terms, conditions, etc.

61.0.6  (1)  A term, condition, limitation or restriction imposed under this Act on a person practising law or providing legal services through a professional corporation applies to the certificate of authorization of the corporation in relation to the practice of law or provision of legal services by the person.

Same

(2)  A term, condition, limitation or restriction imposed under this Act on a professional corporation applies to the persons practising law or providing legal services through the corporation.

Prohibitions and offences, corporations

Requirement to be professional corporation

61.0.7  (1)  No corporation, other than a corporation that has been incorporated or continued under the Business Corporations Act and holds a valid certificate of authorization, shall practise law in Ontario or provide legal services in Ontario.

Holding out, etc.

(2)  No corporation, other than a corporation that has been incorporated or continued under the Business Corporations Act and holds a valid certificate of authorization, shall hold out or represent that it is a professional corporation, that it may practise law in Ontario or that it may provide legal services in Ontario.

Compliance with certificate of authorization

(3)  No corporation shall practise law in Ontario or provide legal services in Ontario except to the extent permitted by the corporation’s certificate of authorization.

Holding out, etc.

(4)  No corporation shall hold out or represent that it may practise law in Ontario or that it may provide legal services in Ontario, without specifying, in the course of the holding out or representation, the restrictions, if any,

(a) on the areas of law that the corporation is authorized to practise or in which the corporation is authorized to provide legal services; and

(b) on the legal services that the corporation is authorized to provide.

Satisfaction of conditions

(5)  No corporation shall practise law in Ontario or provide legal services in Ontario when it does not satisfy the conditions set out in paragraphs 2, 3 and 4 of subsection 3.2 (2) of the Business Corporations Act and subsections 61.0.1 (4) and (5) of this Act.

Offence, corporation

(6)  Every corporation that contravenes this section is guilty of an offence and on conviction is liable to a fine of,

(a) not more than $25,000 for a first offence; and

(b) not more than $50,000 for each subsequent offence.

Offence, directors and officers

(7) If a corporation is guilty of an offence under subsection (6), every director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is guilty of an offence and on conviction is liable to a fine of not more than $50,000.

Condition of probation order: compensation or restitution

(8)  The court that convicts a person of an offence under subsection (7) may prescribe as a condition of a probation order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence.

Order for costs

(9)  Despite any other Act, the court that convicts a corporation or person of an offence under this section may order the corporation or person to pay the prosecutor costs toward fees and expenses reasonably incurred by the prosecutor in the prosecution.

Deemed order

(10)  A certified copy of an order for costs made under subsection (9) may be filed in the Superior Court of Justice by the prosecutor and, on filing, shall be deemed to be an order of that court for the purposes of enforcement.

Limitation

(11)  A prosecution for an offence under this section shall not be commenced more than two years after the date on which the offence was alleged to have been committed.

91.  Section 61.0.8 of the Act is amended by striking out “members” at the end and substituting “licensees”.

92.  Section 61.0.9 of the Act is repealed and the following substituted:

Reference to corporation included

61.0.9  A reference in any other Act or any regulation, rule or order made under any other Act to an individual who practises law, an individual who provides legal services or an individual who is licensed under this Act shall be deemed to include a reference to a professional corporation, if any, through which the individual practises law or provides legal services.

93.  Section 61.1 of the Act is repealed and the following substituted:

Limited liability partnerships

61.1  (1)  Subject to the by-laws,

(a) two or more persons who are licensed to practise law in Ontario as barristers and solicitors may form a limited liability partnership, or continue a partnership as a limited liability partnership, for the purpose of practising law in Ontario;

(b) two or more persons who are licensed to provide legal services in Ontario may form a limited liability partnership, or continue a partnership as a limited liability partnership, for the purpose of providing legal services in Ontario;

(c) one or more persons who are licensed to practise law in Ontario as barristers and solicitors and one or more persons who are licensed to provide legal services in Ontario may together form a limited liability partnership, or continue a partnership as a limited liability partnership, for the purpose of practising law and providing legal services in Ontario;

(d) two or more professional corporations may form a limited liability partnership, or continue a partnership as a limited liability partnership, for the purpose of practising law in Ontario, providing legal services in Ontario or doing both, as authorized by their certificates of authorization.

Definition

(2)  In this section,

“limited liability partnership” means a limited liability partnership as defined in the Partnerships Act.

94.  (1)  Subsection 61.2 (1) of the Act is amended by striking out “sections 46, 47, 48, 49 and 49.1” at the end and substituting “sections 46, 47, 47.1, 48 and 49”.

(2)  Clause 61.2 (2) (b) of the Act is repealed and the following substituted:

(b) authorizing and governing interlocutory orders in a proceeding or intended proceeding, including interlocutory orders suspending a licensee’s licence or restricting the manner in which a licensee may practise law or provide legal services;

(3)  Clause 61.2 (2) (d) of the Act is repealed and the following substituted:

(d) prescribing circumstances in which an interlocutory order suspending a licensee’s licence may be deemed to be a final order if the licensee does not appear at the hearing of an application;

(4)  Clause 61.2 (2) (h) of the Act is amended by striking out “and admonitions” at the end.

95.  (1)  Subsection 62 (0.1) of the Act is amended by adding the following paragraph:

3.1 for the purposes of paragraph 5 of subsection 1 (8), prescribing persons or classes of persons who shall be deemed not to be practising law or providing legal services and the circumstances in which each such person or class of persons shall be deemed not to be practising law or providing legal services;

(2)  Paragraph 4 of subsection 62 (0.1) of the Act is repealed and the following substituted:

4. prescribing the classes of licence that may be issued under this Act, the scope of activities authorized under each class of licence and the terms, conditions, limitations or restrictions imposed on each class of licence;

4.1 governing the licensing of persons to practise law in Ontario as barristers and solicitors and the licensing of persons to provide legal services in Ontario, including prescribing the qualifications and other requirements for the various classes of licence and governing applications for a licence;

(3)  Paragraph 5 of subsection 62 (0.1) of the Act is amended by striking out “members and student members” at the end and substituting “licensees”.

(4)  Paragraph 6 of subsection 62 (0.1) of the Act is amended by striking out “members” wherever it appears and substituting in each case “licensees”.

(5)  Paragraph 7 of subsection 62 (0.1) of the Act is repealed and the following substituted:

7. requiring and providing for the examination or audit of licensees’ financial records and transactions and for the filing with the Society of reports with respect to such records and transactions;

(6)  Paragraph 8 of subsection 62 (0.1) of the Act is amended by striking out “members and student members” and substituting “licensees”.

(7)  Paragraphs 9, 13 and 14 of subsection 62 (0.1) of the Act are repealed and the following substituted:

9. requiring licensees or any class of licensees, or authorizing the Society to require licensees or any class of licensees, to provide the Society with information or to file certificates, reports or other documents with the Society, relating to the Society’s functions under this Act;

. . . . .

13. prescribing offices of the Society, the holders of which may exercise a power or perform a duty under this Act, the regulations, the by-laws or the rules of practice and procedure, or the holders of which may be appointed by Convocation to exercise a power or perform a duty under this Act, the regulations, the by-laws or the rules of practice and procedure, and specifying the powers they may exercise or be appointed to exercise and the duties they may perform or be appointed to perform;

14. prescribing fees and levies relating to the functions of the Society, including fees for late compliance with any obligation, that must be paid to the Society by,

i. licensees or any class of licensees,

ii. applicants for a licence or any class of applicants for a licence,

iii. limited liability partnerships that practise law or provide legal services, and applicants for a permit for a limited liability partnership to practise law or provide legal services,

iv. professional corporations and applicants for a certificate of authorization for a corporation,

v. persons who give legal advice respecting the law of a jurisdiction outside Canada, and applicants for a permit to give such advice,

vi. persons authorized to practise law or provide legal services outside Ontario who are permitted to represent one or more other persons in a specific proceeding before an adjudicative body in Ontario, and applicants for such permission,

vii. persons authorized to practise law or provide legal services in another province or territory of Canada who are permitted to engage in the occasional practice of law or provision of legal services in Ontario, and applicants for such permission,

viii. partnerships, corporations and other organizations that practise law or provide legal services and that maintain one or more offices outside Ontario and one or more offices in Ontario, and applicants for a permit to engage in such practice of law or provision of legal services, and

ix. persons, partnerships, corporations and other organizations that practise law or provide legal services and that also practise another profession or provide other services, and applicants for a permit to engage in such activities;

(8)  Paragraph 16 of subsection 62 (0.1) of the Act is amended by striking out “member or student member” and substituting “licensee”.

(9)  Paragraphs 18, 19, 20 and 23 of subsection 62 (0.1) of the Act are repealed and the following substituted:

18. providing for and governing meetings of members of the Society, as set out in subsection 2 (2), or their representatives;

19. defining who is a student, prescribing classes of students and describing each class, and governing students, including,

i. governing the employment of students,

ii. making any provision of this Act, the regulations, the by-laws or the rules of practice and procedure apply to students with necessary modifications or subject to such modifications as may be specified by the by-laws, and

iii. specifying provisions of this Act, the regulations, the by-laws or the rules of practice and procedure that do not apply to students;

20. defining who is a clerk and governing the employment of clerks by persons licensed to practise law in Ontario as barristers and solicitors;

. . . . .

23. respecting legal education, including programs of pre-licensing education or training;

(10)  Paragraph 24 of subsection 62 (0.1) of the Act is amended by striking out “members” and substituting “licensees”.

(11)  Paragraphs 25 and 26 of subsection 62 (0.1) of the Act are repealed and the following substituted:

25. prescribing, for the purposes of section 26.1, persons or classes of persons who are permitted to practise law in Ontario without being licensed to do so and persons or classes of persons who are permitted to provide legal services in Ontario without being licensed to do so, prescribing the circumstances in which persons who are not licensees are permitted to practise law or to provide legal services in Ontario, and prescribing the extent to which persons who are not licensees are permitted to practise law or to provide legal services in Ontario, including specifying the areas of law that such persons may practise or in which such persons may provide legal services and the legal services that such persons may provide;

26. prescribing oaths and affirmations for applicants for a licence or any class of applicants for a licence;

(12)  Paragraph 28 of subsection 62 (0.1) of the Act is repealed and the following substituted:

28. governing the practice of law and the provision of legal services by limited liability partnerships, including requiring those partnerships to maintain a minimum amount of liability insurance for the purposes of clause 44.2 (b) of the Partnerships Act, requiring that those partnerships hold a permit to practise law or provide legal services, governing the issuance, renewal, suspension and revocation of such permits and governing the terms and conditions that may be imposed on such permits;

(13)  Paragraph 28.1 of subsection 62 (0.1) of the Act is amended by striking out “governing the practice of law” at the beginning and substituting “governing the practice of law and the provision of legal services”.

(14)  Paragraphs 29, 30, 31, 32 and 33 of subsection 62 (0.1) of the Act are repealed and the following substituted:

29. providing for persons authorized to practise law or provide legal services outside Ontario to be permitted to represent one or more other persons in a specific proceeding before an adjudicative body in Ontario, subject to the approval of the adjudicative body, governing the granting of permission and the terms and conditions to which the permission may be subject, and making any provision of this Act, the regulations, the by-laws or the rules of practice and procedure apply to those persons with necessary modifications or subject to such modifications as may be specified by the by-laws;

30. providing for persons authorized to practise law or provide legal services in another province or territory of Canada to be permitted to engage in the occasional practice of law or provision of legal services in Ontario, governing the granting of permission and the terms and conditions to which the permission may be subject, and making any provision of this Act, the regulations, the by-laws or the rules of practice and procedure apply to those persons with necessary modifications or subject to such modifications as may be specified by the by-laws;

31. governing the practice of law and the provision of legal services by any partnership, corporation or other organization that maintains one or more offices outside Ontario and one or more offices in Ontario, including requiring that those partnerships, corporations and other organizations hold a permit to practise law or provide legal services, governing the issuance, renewal, suspension and revocation of such permits and governing the terms and conditions that may be imposed on such permits;

32. governing the practice of law and the provision of legal services by any person, partnership, corporation or other organization that also practises another profession or provides other services, including requiring that those persons, partnerships, corporations and other organizations hold a permit to engage in such activities, governing the issuance, renewal, suspension and revocation of such permits and governing the terms and conditions that may be imposed on such permits;

33. regulating the giving of legal advice respecting the law of a jurisdiction outside Canada, including requiring a permit issued by the Society, governing the issuance, renewal, suspension and revocation of such permits and governing the terms and conditions that may be imposed on such permits;

(15)  Paragraph 34 of subsection 62 (0.1) of the Act is amended by striking out “members” wherever it appears and substituting in each case “licensees”.

(16)  Paragraphs 35, 36 and 37 of subsection 62 (0.1) of the Act are repealed and the following substituted:

35. governing applications to surrender a licence under section 30 and the acceptance by the Society of such applications;

36. respecting the Compensation Fund;

37. governing applications to pay trust money to the Society under section 59.6 and the approval by the Society of such applications;

37.1 governing the making of claims under section 59.10 and the determination and payment by the Society of such claims;

(17)  Paragraphs 40 and 41 of subsection 62 (0.1) of the Act are repealed and the following substituted:

40. governing reviews under section 42, including,

i. prescribing, for the purpose of clause 42 (1) (a), circumstances in which the Society may conduct a review under section 42, and

ii. prescribing, for the purpose of subsection 42 (6), the time within which a licensee may accept a proposal for an order;

(18)  Paragraphs 45 and 46 of subsection 62 (0.1) of the Act are repealed.

(19)  Paragraph 47 of subsection 62 (0.1) of the Act is amended by adding at the end “or the provision of legal services”.

(20)  Subsection 62 (0.1) of the Act is amended by adding the following paragraphs:

49. governing the register that the Society is required to establish and maintain under section 27.1, including prescribing information that the register must contain in addition to the information required under section 27.1, governing the removal of information from the register and governing the Society’s duty under section 27.1 to make the register available for public inspection;

50. governing the register that the Society is required to establish and maintain under section 61.0.2, including prescribing information that the register must contain, governing the removal of information from the register and governing the Society’s duty under section 61.0.2 to make the register available for public inspection;

51. prescribing requirements to be met by licensees with respect to indemnity for professional liability;

52. providing for such transitional matters as Convocation considers necessary or advisable in connection with the implementation of the amendments to this Act made by Schedule C to the Access to Justice Act, 2006.

(21)  Paragraph 6.1 of subsection 62 (1) of the Act is repealed and the following substituted:

6.1 governing the election of benchers under subsection 16 (1), including prescribing the day on which the first election of such benchers must take place, requiring such benchers to be elected for regions and prescribing the regions, prescribing the terms of office of elected benchers, governing the qualifications required to be a candidate or vote in elections and providing for challenges of election results;

6.2 governing the filling of vacancies under subsection 15 (3) and the filling of vacancies under subsection 16 (3);

(22)  Paragraph 8 of subsection 62 (1) of the Act is repealed and the following substituted:

8. providing for the appointment of and prescribing the duties of the Chief Executive Officer and such other officers as are considered appropriate;

(23)  Subsection 62 (1) of the Act is amended by adding the following paragraph:

10.1 providing for the establishment, jurisdiction, operation, duties and powers of the Paralegal Standing Committee, including,

i. specifying the matters for which the Committee is responsible and the matters for which it is not responsible,

ii. governing the election of five persons who are licensed to provide legal services in Ontario as members of the Committee, prescribing the day on which the first election of such members must take place, prescribing their term of office and governing the filling of vacancies in their offices,

iii. governing the appointment of five elected benchers who are licensed to practise law in Ontario and three lay benchers as members of the Committee, prescribing their term of office and governing their reappointment, and

iv. governing the appointment and reappointment of the chair of the Committee;

(24)  Subsection 62 (3) of the Act is repealed and the following substituted:

Availability of copies of by-laws

(3)  The Society shall,

(a) file a copy of the by-laws, as amended from time to time, in the office of the Attorney General for Ontario; and

(b) make a copy of the by-laws, as amended from time to time, available for public inspection.

96.  (1)  Subparagraph 12 iii of subsection 63 (1) of the Act is repealed.

(2)  Paragraph 14 of subsection 63 (1) of the Act is amended by adding “and members of the Appeal Panel” after “members of the Hearing Panel”.

97.  The Act is amended by adding the following section:

Reports Regarding Regulation of Persons Licensed to Provide Legal Services

Report after two years

Definition

63.0.1  (1)  In this section,

“review period” means the period beginning on the day on which the Access to Justice Act, 2006 receives Royal Assent and ending on the second anniversary of that day.

Report by Society

(2)  The Society shall,

(a) assess the extent to which the by-laws made by Convocation during the review period in relation to persons who provide legal services in Ontario are consistent with the principles set out in the document titled “Task Force on Paralegal Regulation Report to Convocation” dated September 23, 2004, available from the Society;

(b) prepare a report of the assessment; and

(c) give the report to the Attorney General for Ontario within three months after the end of the review period.

Tabling in Assembly

(3)  The Attorney General shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session.

98.  The Act is amended by adding the following section:

Reports after five years

Definition

63.1  (1)  In this section,

“review period” means the period beginning on the day on which all of the amendments to this Act made by Schedule C to the Access to Justice Act, 2006 have come into force and ending on the fifth anniversary of that day.

Review and report by Society

(2)  The Society shall,

(a) review the manner in which persons who provide legal services in Ontario have been regulated under this Act during the review period and the effect that such regulation has had on those persons and on members of the public;

(b) prepare a report of the review, ensuring that a portion of the report is authored by the Paralegal Standing Committee; and

(c) give the report to the Attorney General for Ontario within three months after the end of the review period.

Appointment by Attorney General

(3)  The Attorney General for Ontario shall appoint a person, other than a person who is authorized to practise law in Ontario or a person who is authorized to provide legal services in Ontario, to review the manner in which persons who provide legal services in Ontario have been regulated under this Act during the review period and the effect that such regulation has had on those persons and on members of the public.

Review and report by appointee

(4)  The person appointed under subsection (3) shall,

(a) review the manner in which persons who provide legal services in Ontario have been regulated under this Act during the review period and the effect that such regulation has had on those persons and on members of the public; and

(b) prepare a report of the review and give the report to the Attorney General for Ontario within six months after the end of the review period.

Application

(5)  This section does not require a review respecting persons who are licensed to practise law in Ontario as barristers and solicitors or persons who are permitted by the by-laws to practise law in Ontario as barristers and solicitors without a licence.

Related Amendments to Other Acts

Barristers Act

99.  (1)  Section 1 of the Barristers Act is amended by striking out “admission” and substituting “licensing”.

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

Licence revocation revokes Q.C. appointment

(2)  If a barrister holds an appointment as a Queen’s counsel for Ontario, the revocation of his or her licence under the Law Society Act has the effect of revoking the appointment.

Child and Family Services Act

100.  (1)  Clause 151 (2) (b) of the Child and Family Services Act is amended by striking out “their solicitors and agents” and substituting “the persons representing them under the authority of the Law Society Act”.

(2)  Subsection 172 (8) of the Act is repealed and the following substituted:

Representative not to be excluded

(8)  When the Board acts under subsection (6) or (7), the person authorized under the Law Society Act to represent the person who requested the review is nevertheless entitled to examine the information and to be present, to cross-examine witnesses and to make submissions, or to examine the evidence and submissions and respond to them, as the case may be, on condition that the representative undertakes not to reveal the information, evidence and submissions to his or her client.

Bill 183 — Adoption Information Disclosure Act, 2005

101.  (1)  This section applies only if Bill 183 (Adoption Information Disclosure Act, 2005, introduced on March 29, 2005) receives Royal Assent.

(2)  References in this section to provisions of Bill 183 are references to those provisions as they were numbered in the first reading version of the Bill.

(3)  On the later of the day subsection 100 (2) of this Schedule comes into force and the day section 24 of Bill 183 comes into force, subsection 172 (8) of the Child and Family Services Act, as re-enacted by subsection 100 (2) of this Schedule and repealed by section 24 of Bill 183, is repealed.

Construction Lien Act

102.  (1)  Subsection 39 (6) of the Construction Lien Act is amended by striking out “solicitor-and-client” and substituting “substantial indemnity”.

(2)  Subsection 67 (5) of the Act is repealed and the following substituted:

Representation

(5)  A lien claimant whose claim is for an amount within the monetary jurisdiction of the Small Claims Court may be represented by a person authorized under the Law Society Act to represent the claimant.

(3)  Subsection 86 (1) of the Act is repealed and the following substituted:

Costs

(1)  Subject to subsection (2), any order as to the costs in an action, application, motion or settlement meeting is in the discretion of the court, and an order as to costs may be made against,

(a) a party to the action or motion; or

(b) a person who represented a party to the action, application or motion, where the person,

(i) knowingly participated in the preservation or perfection of a lien, or represented a party at the trial of an action, where it is clear that the claim for a lien is without foundation or is for a grossly excessive amount, or that the lien has expired, or

(ii) prejudiced or delayed the conduct of the action,

and the order may be made on a substantial indemnity basis, including where the motion is heard by, or the action has been referred under section 58 to, a master, case management master or commissioner.

Co-operative Corporations Act

103.  (1)  Clause 66 (2) (c) of the Co-operative Corporations Act is amended by striking out “by an agent or counsel” and substituting “by a person authorized under the Law Society Act to represent the member”.

(2)  Paragraphs 6 and 13 of subsection 171.8 (2) of the Act are amended by striking out “by agent or counsel” wherever it appears and substituting in each case “by a person authorized under the Law Society Act to represent the member”.

(3)  Section 171.18 of the Act is repealed and the following substituted:

Party may be represented

171.18  (1)  A party to an application under section 171.13 or 171.14 may be represented by a person authorized under the Law Society Act to represent the party.

Exclusion of representatives

(2)  A judge of the Superior Court of Justice may exclude from a hearing anyone, other than a person who is licensed under the Law Society Act, appearing on behalf of a party if the judge finds that such person is not competent properly to represent or to advise the party, or does not understand and comply at the hearing with the duties and responsibilities of an advocate or adviser.

Coroners Act

104.  (1)  Clause 41 (2) (a) of the Coroners Act is amended by striking out “by counsel or an agent” at the end and substituting “by a person authorized under the Law Society Act to represent the person with standing”.

(2)  Section 43 of the Act is repealed and the following substituted:

Rights of witnesses to representation

43.  (1)  A witness at an inquest is entitled to be advised as to his or her rights by a person authorized under the Law Society Act to advise him or her, but such person may take no other part in the inquest without leave of the coroner.

Same

(2)  Where an inquest is held in the absence of the public, a person advising a witness under subsection (1) is not entitled to be present except when that witness is giving evidence.

(3)  Subsection 50 (3) of the Act is repealed and the following substituted:

Exclusion of representatives

(3)  A coroner may exclude from a hearing anyone, other than a person licensed under the Law Society Act, advising a witness if the coroner finds that such person is not competent properly to advise the witness, or does not understand and comply at the inquest with the duties and responsibilities of an adviser.

Courts of Justice Act

105.  (1)  Section 26 of the Courts of Justice Act is repealed and the following substituted:

Representation

26.  A party may be represented in a proceeding in the Small Claims Court by a person authorized under the Law Society Act to represent the party, but the court may exclude from a hearing anyone, other than a person licensed under the Law Society Act, appearing on behalf of the party if it finds that such person is not competent properly to represent the party, or does not understand and comply at the hearing with the duties and responsibilities of an advocate.

(2)  Section 29 of the Act is amended by striking out “a party, counsel or agent” and substituting “a party or a party’s representative”.

(3)  Subsection 51.6 (4) of the Act is repealed and the following substituted:

Communication re subject-matter of hearing

(4)  The members of the Judicial Council participating in the hearing shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person, unless all the parties and the persons representing the parties under the authority of the Law Society Act receive notice and have an opportunity to participate.

(4)  Clauses 66 (2) (c) and (r) of the Act are repealed and the following substituted:

(c) commencement of proceedings, representation of parties and service of process in or outside Ontario;

. . . . .

(r) costs of proceedings, including security for costs and, in the case of a person representing a party or other person, the representative’s liability for, or disentitlement to, costs;

Credit Unions and Caisses Populaires Act, 1994

106.  (1)  Clause 47 (2) (b) of the Credit Unions and Caisses Populaires Act, 1994 is amended by striking out “by counsel or agent” and substituting “by a person authorized under the Law Society Act to represent the member”.

(2)  Subsection 100 (5) of the Act is repealed and the following substituted:

Right to representation

(5)  The director may be represented at the meeting by a person authorized under the Law Society Act to represent him or her.

(3)  Subsection 118 (5) of the Act is repealed and the following substituted:

Right to representation

(5)  The committee member may be represented at the meeting by a person authorized under the Law Society Act to represent him or her.

(4)  Subsection 136 (5) of the Act is repealed and the following substituted:

Right to representation

(5)  The committee member may be represented at the meeting by a person authorized under the Law Society Act to represent him or her.

Drainage Act

107.  Subsection 52 (1) of the Drainage Act is amended by striking out “personally, or by agent”.

Environmental Protection Act

108.  (1)  Section 185 of the Environmental Protection Act is amended by striking out “The counsel or agent acting on behalf of the Crown” at the beginning and substituting “The Crown”.

(2)  Subsection 190 (3) of the Act is repealed and the following substituted:

Variation of order

(3)  The court that made an order under subsection (1) may make any changes in or additions to the conditions prescribed in the order that in the opinion of the court are rendered desirable by a change in circumstances,

(a) on its own initiative at any time; or

(b) on application by counsel for the prosecutor, by the person convicted or by the person authorized under the Law Society Act to represent the person convicted, with notice to the other party, after a hearing or, with the consent of the parties, without a hearing.

Expropriations Act

109.  Clause 7 (9) (b) of the Expropriations Act is amended by striking out “by counsel or agent” at the end and substituting “by a person authorized under the Law Society Act to represent the party”.

Freedom of Information and Protection of Privacy Act

110.  Subsection 52 (14) of the Freedom of Information and Protection of Privacy Act is repealed and the following substituted:

Right to representation

(14)  The person who requested access to the record, the head of the institution concerned and any affected party may be represented by a person authorized under the Law Society Act to represent him or her.

Health Care Consent Act, 1996

111.  (1)  Clause 73 (2) (b) of the Health Care Consent Act, 1996 is repealed and the following substituted:

(b) he or she is a person licensed under the Law Society Act to practise law in Ontario as a barrister and solicitor and, throughout the 10-year period immediately preceding the assignment, he or she has been,

(i) a person licensed under the Law Society Act to practise law in Ontario as a barrister and solicitor, or

(ii) a member of the Law Society of Upper Canada and, subsequently, a person licensed under the Law Society Act to practise law in Ontario as a barrister and solicitor;

(2)  Subsections 75 (3) and (4) of the Act are repealed and the following substituted:

Decision

(3)  The Board shall render its decision and provide a copy of the decision to each party or the person who represented the party within one day after the day the hearing ends.

Reasons

(4)  If, within 30 days after the day the hearing ends, the Board receives a request from any of the parties for reasons for its decision, the Board shall, within two business days after the day the request is received,

(a) issue written reasons for its decision; and

(b) provide a copy of the reasons to each person who received a copy of the decision under subsection (3).

(3)  Subsection 76 (2) of the Act is amended by striking out “his or her counsel or agent” and substituting “the person authorized under the Law Society Act to represent him or her”.

(4)  Subsection 77 (1) of the Act is repealed and the following substituted:

Communication re subject-matter of hearing

(1)  The member or members of the Board conducting a hearing shall not communicate about the subject-matter of the hearing directly or indirectly with any person, unless all the parties and the persons representing the parties under the authority of the Law Society Act receive notice and have an opportunity to participate.

(5)  Subsection 77 (2) of the Act is amended by striking out “their counsel or agents” and substituting “the persons representing the parties under the authority of the Law Society Act”.

Health Facilities Special Orders Act

112.  Subsection 11 (3) of the Health Facilities Special Orders Act is amended by striking out “through an agent” at the end and substituting “through a person authorized under the Law Society Act to represent the non-party”.

Independent Health Facilities Act

113.  Subsection 21 (2) of the Independent Health Facilities Act is amended by striking out “through an agent” at the end and substituting “through a person authorized under the Law Society Act to represent the non-party”.

Juries Act

114.  Subsection 40 (2) of the Juries Act is repealed and the following substituted:

Revocation or suspension of licence, etc.

(2)  A solicitor, barrister or student-at-law who is guilty of such offence may, in addition to any other penalty, have his or her licence under the Law Society Act to practise law or provide legal services revoked or suspended, or his or her name may be erased from the register of the Law Society or removed from the register for a limited time, by the Superior Court of Justice upon motion at the instance and in the name of the Attorney General.

Legal Aid Services Act, 1998

115.  (1)  The definitions of “lawyer” and “student” in section 2 of the Legal Aid Services Act, 1998 are repealed and the following substituted:

“lawyer” means a person licensed under the Law Society Act to practise law in Ontario as a barrister and solicitor; (“avocat”)

“student” means a person enrolled in a program of pre-licensing education or training under the Law Society Act or in any law course approved by the Law Society. (“étudiant”)

(2)  Subsection 22 (3) of the Act is amended by striking out “who must be a member of the Law Society” at the end and substituting “who must be a person licensed under the Law Society Act to practise law in Ontario as a barrister and solicitor”.

Licence Appeal Tribunal Act, 1999

116.  Section 10 of the Licence Appeal Tribunal Act, 1999 is repealed and the following substituted:

Service of decisions and orders

10.  The Tribunal shall send a copy of its final decision or order, including any reasons, to each party to a hearing, or to the person who represented the party, by,

(a) regular mail;

(b) electronic transmission of a facsimile; or

(c) such other method that the Tribunal specifies in its rules.

Ministry of Health Appeal and Review Boards Act, 1998

117.  (1)  Subsection 7.1 (4) of the Ministry of Health Appeal and Review Boards Act, 1998 is repealed and the following substituted:

Appointment, lawyers

(4)  On the recommendation of the Minister of Health and Long-Term Care, the Lieutenant Governor in Council shall appoint to the Board, to serve as members of the Transitional Physician Audit Panel, no fewer than three persons who are licensed under the Law Society Act to practise law in Ontario as barristers and solicitors.

(2)  Paragraph 2 of subsection 7.1 (6) of the Act is repealed and the following substituted:

2. Two of the three members shall be legally qualified medical practitioners, and one shall be a person licensed under the Law Society Act to practise law in Ontario as a barrister and solicitor.

Municipal Act, 2001

118.  (1)  Section 386.3 of the Municipal Act, 2001 is amended by adding the following subsection:

Inspection warrant

Definition

(0.1)  In this section,

“representative” means, in respect of a proceeding under this section, a person authorized under the Law Society Act to represent an owner or occupant in that proceeding.

(2)  The English version of clauses 386.3 (2) (d) and (e) of the Act is repealed and the following substituted:

(d) the right of an owner or occupant or a representative of an owner or occupant to appear and make representations; and

(e) the fact that if the owner, occupant or representative fails to appear, the judge or justice of the peace may issue or extend the warrant in their absence.

(3)  The English version of subsection 386.3 (3) of the Act is amended by striking out “an agent of that person” and substituting “that person’s representative”.

Municipal Freedom of Information and Protection of Privacy Act

119.  Subsection 41 (14) of the Municipal Freedom of Information and Protection of Privacy Act is repealed and the following substituted:

Right to representation

(14)  The person who requested access to the record, the head of the institution concerned and any affected party may be represented by a person authorized under the Law Society Act to represent him or her.

Notaries Act

120.  Subsection 7 (1) of the Notaries Act is repealed and the following substituted:

Suspension

(1)  If a notary public who is licensed under the Law Society Act to practise law in Ontario as a barrister and solicitor ceases for any reason to be so licensed or if his or her licence is under suspension or in abeyance, his or her appointment as a notary public is suspended until such time as he or she is relicensed under the Law Society Act to practise law in Ontario as a barrister and solicitor or until such time as his or her licence is no longer under suspension or in abeyance.

Nursing Homes Act

121.  Subsection 16 (2) of the Nursing Homes Act is amended by striking out “through an agent” at the end and substituting “through a person authorized under the Law Society Act to represent the non-party”.

Nutrient Management Act, 2002

122.  (1)  Section 47 of the Nutrient Management Act, 2002 is amended by striking out “The counsel or agent acting on behalf of the Crown” at the beginning and substituting “The Crown”.

(2)  Clause 50 (3) (b) of the Act is amended by striking out “or by the counsel or agent for the person convicted” and substituting “or by the person authorized under the Law Society Act to represent the person convicted”.

Ontario Home Ownership Savings Plan Act

123.  The definition of “solicitor” in subsection 1 (1) of the Ontario Home Ownership Savings Plan Act is repealed and the following substituted:

“solicitor” means a person who is licensed under the Law Society Act to practise law in Ontario as a barrister and solicitor and who maintains all insurance coverage that may be required by the Law Society of Upper Canada from time to time in connection with and for the purposes of carrying on the private practice of law in Ontario; (“procureur”)

Ontario Society for the Prevention of Cruelty to Animals Act

124.  Subsection 17 (5) of the Ontario Society for the Prevention of Cruelty to Animals Act is amended by striking out “by counsel or an agent” at the end and substituting “by persons authorized under the Law Society Act to represent them”.

Ontario Water Resources Act

125.  (1)  Subsection 48 (3) of the Ontario Water Resources Act is repealed and the following substituted:

Appearance by respondent

(3)  The respondent to an application under subsection (1) may,

(a) appear in person or by a person authorized under the Law Society Act to represent the respondent at the hearing of the application; or

(b) make submissions to the Tribunal by telephone or other means for consideration at the hearing.

(2)  Section 105 of the Act is amended by striking out “The counsel or agent acting on behalf of the Crown” at the beginning and substituting “The Crown”.

(3)  Subsection 112 (3) of the Act is repealed and the following substituted:

Variation of order

(3)  The court that made an order under subsection (1) may make any changes in or additions to the conditions prescribed in the order that in the opinion of the court are rendered desirable by a change in circumstances,

(a) on its own initiative at any time; or

(b) on application by counsel for the prosecutor, by the person convicted or by the person authorized under the Law Society Act to represent the person convicted, with notice to the other party, after a hearing or, with the consent of the parties, without a hearing.

Parental Responsibility Act, 2000

126.  (1)  The French version of the definition of “parent” in section 1 of the Parental Responsibility Act, 2000 is amended by adding “Le terme «parents» a un sens correspondant.” after clause (e).

(2)  Subsection 3 (1) of the Act is amended by adding the following definition:

“representative” means, in respect of a proceeding under this Act, a person authorized under the Law Society Act to represent the claimant, the child, or the child’s parents in that proceeding. (“représentant”)

(3)  Clause 3 (5) (a) of the Act is repealed and the following substituted:

(a) the court file shall not be disclosed to any person except,

(i) the court and authorized court employees,

(ii) the claimant and the claimant’s representative, and

(iii) the child, his or her parents and their representatives; and

Pay Equity Act

127.  (1)  Section 32 of the Pay Equity Act is amended by adding the following subsection:

Parties to proceedings

Definition

(0.1) In this section,

“representative” means, in respect of a proceeding under this Act, a person authorized under the Law Society Act to represent a person or persons in that proceeding.

(2)  Subsection 32 (3) of the Act is repealed and the following substituted:

Representation

(3)  An employee or a group of employees may appoint a representative to represent the employee or group of employees before the Hearings Tribunal or before a review officer.

(3)  Subsection 32 (4) of the Act is amended by striking out “the agent” and substituting “the representative”.

(4)  Subsection 32 (5) of the Act is amended by striking out “the agent, in the agent’s name” and substituting “the representative, in the representative’s name”.

Personal Health Information Protection Act, 2004

128.  Subsection 72 (5) of the Personal Health Information Protection Act, 2004 is amended by striking out “a counsel or agent acting on behalf of” and substituting “an agent for”.

Pesticides Act

129.  (1)  Subsection 13 (10) of the Pesticides Act is amended by striking out “by an agent” and substituting “by a person authorized under the Law Society Act to represent the applicant or permittee”.

(2)  Subsection 27 (2) of the Act is amended by striking out “by an agent” and substituting “by a person authorized under the Law Society Act to represent the person affected”.

(3)  Section 41 of the Act is amended by striking out “The counsel or agent acting on behalf of the Crown” at the beginning and substituting “The Crown”.

(4)  Subsection 46 (3) of the Act is repealed and the following substituted:

Variation of order

(3)  The court that made an order under subsection (1) may make any changes in or additions to the conditions prescribed in the order that in the opinion of the court are rendered desirable by a change in circumstances,

(a) on its own initiative at any time; or

(b) on application by counsel for the prosecutor, by the person convicted or by the person authorized under the Law Society Act to represent the person convicted, with notice to the other party, after a hearing or, with the consent of the parties, without a hearing.

Police Services Act

130.  (1)  Clause 64 (8) (b) of the Police Services Act is repealed and the following substituted:

(b) a person authorized under the Law Society Act to be a prosecutor at the hearing.

(2)  Subsection 65 (10) of the Act is repealed and the following substituted:

Prosecutor at hearing

(10)  The board or Commission, as the case may be, shall designate as the prosecutor at the hearing a person authorized under the Law Society Act to be a prosecutor at the hearing.

(3)  Subsection 69 (4) of the Act is repealed and the following substituted:

Notice to parties and right to representation

(4)  The parties to the hearing shall be given reasonable notice of the hearing, and each party may be represented by a person authorized under the Law Society Act to represent the party.

(4)  Subsection 69 (13) of the Act is amended by striking out “or person’s counsel or agent”.

Provincial Offences Act

131.  (1)  The definition of “prosecutor” in subsection 1 (1) of the Provincial Offences Act is amended by striking out “counsel or agent” and substituting “an agent”.

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

“representative” means, in respect of a proceeding to which this Act applies, a person authorized under the Law Society Act to represent a person in that proceeding; (“représentant”)

(3)  The English version of subsections 5.1 (3), 17.1 (3) and 18.1.1 (3) of the Act are amended by striking out “by agent” wherever it appears and substituting in each case “by representative”.

(4)  The French version of subsection 21 (2) of the Act is amended by striking out “son représentant” and substituting “son mandataire”.

(5)  The French version of subsection 32 (1) of the Act is amended by striking out “son représentant” and substituting “son mandataire”.

(6)  Subsection 43 (3) of the Act is amended by striking out “by counsel or agent” wherever it appears and substituting in each case “by representative”.

(7)  Subsections 50 (1) and (2) of the Act are amended by striking out “by counsel or agent” wherever it appears and substituting in each case “by representative”.

(8)  Subsection 50 (3) of the Act is repealed and the following substituted:

Exclusion of representatives

(3)  The court may bar any person, other than a person who is licensed under the Law Society Act, from appearing as a representative if the court finds that the person is not competent properly to represent or advise the person for whom he or she appears, or does not understand and comply with the duties and responsibilities of a representative.

(9)  Section 51 of the Act is amended by striking out “by counsel or agent” and substituting “by representative”.

(10)  The French version of subsection 54 (2) of the Act is amended by striking out “son représentant” at the end and substituting “son mandataire”.

(11)  Subsection 56 (2) of the Act is amended by striking out “or the defendant’s counsel or agent” and substituting “or the defendant’s representative”.

(12)  Subsection 57 (1) of the Act is repealed and the following substituted:

Submissions as to sentence

(1)  Where a defendant who appears is convicted of an offence, the court shall give the prosecutor and the defendant’s representative an opportunity to make submissions as to sentence and, where the defendant has no representative, the court shall ask the defendant if he or she has anything to say before sentence is passed.

(13)  The French version of section 62 of the Act is amended by striking out “son représentant” and substituting “de son mandataire”.

(14)  Section 82 of the Act is repealed and the following substituted:

Representation

82.  A defendant may act by representative.

(15)  Subsection 91 (7) of the Act is repealed and the following substituted:

Barring representative in contempt

(7)  Where the offender is appearing before the court as a representative and the offender is not licensed under the Law Society Act, the court may order that he or she be barred from acting as representative in the proceeding in addition to any other punishment to which he or she is liable.

(16)  Subsection 100 (2) of the Act is amended by striking out “his or her counsel or agent” and substituting “his or her representative”.

(17)  The definition of “counsel” in section 109 of the Act is repealed.

(18)  Subsection 117 (2) of the Act is amended by striking out “their counsel” and substituting “their representatives”.

(19)  Subsection 118 (1) of the Act is repealed and the following substituted:

Right to representation

(1)  An appellant or respondent may appear and act personally or by representative.

(20)  The French version of subsection 153 (1) of the Act is amended by striking out “à titre de représentant” and substituting “à titre de mandataire”.

(21)  The definition of “prosecutor” in subsection 167 (2) of the Act is amended by striking out “counsel or agent” and substituting “an agent”.

Public Authorities Protection Act

132.  Subsection 6 (1) of the Public Authorities Protection Act is amended by striking out “by his or her solicitor or agent” and substituting “by a person authorized under the Law Society Act to represent him or her”.

Safe Drinking Water Act, 2002

133.  Subsection 146 (3) of the Safe Drinking Water Act, 2002 is repealed and the following substituted:

Variation of order

(3)  The court that made an order under subsection (1) may make any changes in or additions to the conditions prescribed in the order that in the opinion of the court are rendered desirable by a change in circumstances,

(a) on its own initiative at any time; or

(b) on application by counsel for the prosecutor, by the person convicted or by a person authorized under the Law Society Act to represent the person convicted, with notice to the other party, after a hearing or, with the consent of the parties, without a hearing.

Statutory Powers Procedure Act

134.  (1)  The definition of “oral hearing” in subsection 1 (1) of the Statutory Powers Procedure Act is amended by striking out “their counsel or agents” and substituting “their representatives”.

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

“representative” means, in respect of a proceeding to which this Act applies, a person authorized under the Law Society Act to represent a person in that proceeding; (“représentant”)

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

Right to representation

10.  A party to a proceeding may be represented by a representative.

(4)  Subsection 11 (1) of the Act is repealed and the following substituted:

Rights of witnesses to representation

(1)  A witness at an oral or electronic hearing is entitled to be advised by a representative as to his or her rights, but such representative may take no other part in the hearing without leave of the tribunal.

(5)  Subsection 11 (2) of the Act is amended by striking out “the counsel or agent for a witness” and substituting “the witness’s representative”.

(6)  Subsection 18 (1) of the Act is amended by striking out “counsel or agent” in the portion before clause (a) and substituting “representative”.

(7)  Subsection 23 (3) of the Act is repealed and the following substituted:

Exclusion of representatives

(3)  A tribunal may exclude from a hearing anyone, other than a person licensed under the Law Society Act, appearing on behalf of a party or as an adviser to a witness if it finds that such person is not competent properly to represent or to advise the party or witness, or does not understand and comply at the hearing with the duties and responsibilities of an advocate or adviser.

Succession Law Reform Act

135.  Subsection 42 (3) of the Succession Law Reform Act is repealed and the following substituted:

Persons authorized under convention

(3)  All persons licensed under the Law Society Act to practise law in Ontario as barristers and solicitors are designated as persons authorized to act in connection with international wills.

Tenant Protection Act, 1997

136.  (1)  Subsection 172 (2) of the Tenant Protection Act, 1997 is repealed and the following substituted:

Application filed by representative

(2)  An applicant may give written authorization to sign an application to a person representing the applicant under the authority of the Law Society Act and, if the applicant does so, the Tribunal may require such representative to file a copy of the authorization.

(2)  Subsection 190 (3) of the Act is amended by striking out “a paid agent or counsel to a party” and substituting “the party’s paid representative”.

(3)  Subsection 194 (1) of the Act is amended by striking out “the party’s counsel or agent” and substituting “the person who represented the party”.

Waste Management Act, 1992

137.  (1)  Section 10 of the Waste Management Act, 1992 is amended by adding the following subsection:

Inspection warrant

Definition

(0.1)  In this section,

“representative” means, in respect of a proceeding under this section, a person authorized under the Law Society Act to represent an owner or occupant in that proceeding.

(2)  The English version of clause 10 (2) (d) of the Act is amended by striking out “an agent of an owner or occupant” and substituting “an owner’s or occupant’s representative”.

(3)  The English version of clause 10 (2) (e) of the Act is amended by striking out “or agent” and substituting “or owner’s or occupant’s representative”.

(4)  The English version of subsection 10 (3) of the Act is amended by striking out “an agent of that person” and substituting “that person’s representative”.

Commencement

Commencement

138.  (1)  Sections 16 and 19, subsection 95 (23) and this section come into force on the day the Access to Justice Act, 2006 receives Royal Assent.

Same

(2)  Sections 1 to 15, 17, 18 and 20 to 94, subsections 95 (1) to (22) and (24) and sections 96 to 137 come into force on the first day of the seventh month after the month in which the Access to Justice Act, 2006 receives Royal Assent.

SCHEDULE D
AMENDMENTS TO THE LIMITATIONS ACT, 2002

1.  Section 11 of the Limitations Act, 2002 is amended by adding the following subsection:

Same

(2)  For greater certainty, a person or entity that provides resolution of claims or assistance in resolving claims, on an impartial basis, is an independent third party no matter how it is funded.

2.  Section 22 of the Act is repealed and the following substituted:

Limitation periods apply despite agreements

22.  (1)  A limitation period under this Act applies despite any agreement to vary or exclude it, subject only to the exceptions in subsections (2) to (6).

Exception

(2)  A limitation period under this Act may be varied or excluded by an agreement made before January 1, 2004.

Same

(3)  A limitation period under this Act, other than one established by section 15, may be suspended or extended by an agreement made on or after the effective date.

Same

(4)  A limitation period established by section 15 may be suspended or extended by an agreement made on or after the effective date, but only if the relevant claim has been discovered.

Same

(5)  The following exceptions apply only in respect of business agreements:

1. A limitation period under this Act, other than one established by section 15, may be varied or excluded by an agreement made on or after the effective date.

2. A limitation period established by section 15 may be varied by an agreement made on or after the effective date, except that it may be suspended or extended only in accordance with subsection (4).

Definitions

(6)  In this section,

“business agreement” means an agreement made by parties none of whom is a consumer as defined in the Consumer Protection Act, 2002; (“accord commercial”)

“effective date” means the day the Access to Justice Act, 2006 receives Royal Assent; (“date d’entrée en vigueur”)

“vary” includes extend, shorten and suspend. (“modifier”)

Commencement

3.  This Schedule comes into force on the day the Access to Justice Act, 2006 receives Royal Assent.

SCHEDULE E
AMENDMENTS TO THE PROVINCIAL OFFENCES ACT

1.  The Provincial Offences Act is amended by adding the following section:

Video and audio conferencing, etc.

83.1  (1)  A witness may give evidence by video conference, audio conference, telephone conference or another electronic means prescribed by the regulations, in the circumstances and under the conditions prescribed by the regulations.

Applicable proceedings

(2)  Subsection (1) applies to a proceeding under this Act prescribed by the regulations or a step, prescribed by the regulations, in a proceeding under this Act.

Procedures

(3)  The procedures prescribed by the regulations relating to the use of video conference, audio conference, telephone conference or other electronic means under subsection (1), including the procedures prescribed by the regulations relating to the determination of whether such means is to be used, shall be complied with.

Oaths

(4)  If evidence under oath is to be given by video conference, audio conference, telephone conference or other electronic means under subsection (1), the oath may be administered by the same means, despite the Commissioners for taking Affidavits Act.

Regulations

(5)  The Lieutenant Governor in Council may make regulations,

(a) prescribing the proceedings, or the steps in proceedings, to which subsection (1) applies;

(b) prescribing additional electronic means for the purposes of subsection (1);

(c) prescribing, for the purposes of subsection (1), the circumstances in which and the conditions under which a witness may give evidence by video conference, audio conference, telephone conference or other electronic means;

(d) prescribing the procedures that apply in relation to the use of video conference, audio conference, telephone conference or other electronic means under subsection (1);

(e) prescribing the procedures that apply in relation to the determination of whether video conference, audio conference, telephone conference or other electronic means is to be used under subsection (1);

(f) requiring the payment of fees in relation to the use of video conference, audio conference, telephone conference or other electronic means under subsection (1), fixing the amounts of the fees, and prescribing the circumstances in which and the conditions under which a justice or another person designated in the regulation may waive the payment of a fee.

Commencement

2.  (1)  This section comes into force on the day the Access to Justice Act, 2006 receives Royal Assent.

Same

(2)  Section 1 comes into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE F
LEGISLATION ACT, 2006

CONTENTS

 

PART I
GENERAL

1.

2.

3.

4.

Definitions

Role of Attorney General

Designation by Chief Legislative Counsel

Duty, obsolete Acts

PART II
STATUTES

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

Citation of Acts

Enacting clause

Power to amend or repeal

Commencement of Acts

Time of commencement and repeal

Exercise of delegated power before commencement

Endorsements on Acts

Reserved bills

Judicial notice

Copies for publication

Publication

Regulations

PART III
REGULATIONS

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

Definitions

Filing of regulations

Filing date

Registrar’s discretion not to file

Registrar’s duty not to file

When regulation effective

Time of commencement and revocation

Proof of making, approval, filing and publication

When published

Pre-publication corrections

Post-publication corrections

No validation

Judicial notice

Citation of regulations

Registrar

Regulations

Standing committee

PART IV
PROOF OF LEGISLATION

34.

35.

36.

37.

38.

39.

40.

41.

Official law

Official copy

Presumption, printed by Queen’s Printer

Presumption, accessed from e-Laws

Official copies of source law as evidence

Official copies of consolidated law as evidence

e-Laws, provisions not in force

Regulations

PART V
CHANGE POWERS

42.

43.

44.

45.

Editorial and other changes

Notice of change

Date of change

Interpretation

PART VI
INTERPRETATION

Application

46.

47.

48.

49.

50.

Application to Acts and regulations

Contrary intention or context requiring otherwise

Existing and future legislation

Other documents

Interpretation and definition provisions

Legislative Changes

51.

52.

53.

54.

55.

56.

57.

Effect of repeal and revocation

Effect of amendment and replacement

Effect of repeal and revocation on amendments

Regulations – power to make, amend, etc.

Obsolete regulations

No implication

No revival

References

58.

59.

60.

61.

62.

Reference to Act or regulation includes reference to individual provisions

Rolling incorporation of Ontario legislation

Rolling incorporation of other Canadian legislation

Static incorporation of foreign legislation

Incorporation of documents by reference

General Rules of Construction

63.

64.

65.

66.

67.

68.

Law always speaking

Rule of liberal interpretation

Bilingual texts

Bilingual names

Number

Gender

Preambles and Reference Aids

69.

70.

Preambles

Reference aids

Crown

71.

72.

Crown not bound, exception

Succession

Proclamations

73.

74.

75.

How proclamations issued

Judicial notice

Amendment and revocation – restriction

Appointments, Powers and Delegation

76.

77.

78.

79.

80.

81.

Appointments

Implied powers

Incidental powers

Performance when occasion requires

Powers and duties remain despite delegation

Survival of delegation

Regulations and Forms

82.

83.

84.

General or particular

Fee regulations

Deviations from required form

Definitions

85.

86.

87.

Different forms of defined terms

Terms used in regulations

Definitions

Time

88.

89.

90.

Holidays

Computation of time

Age

Miscellaneous

91.

92.

93.

94.

95.

96.

97.

Private Acts

Corporations, implied provisions

Majority

Reference to series

Oaths, affirmations and declarations

Requirements for security and sureties

Immunity provisions

PART VII
UNCONSOLIDATED ACTS AND REGULATIONS

Repeal of Unconsolidated Acts

98.

Unconsolidated Acts

Revocation of Unconsolidated Regulations

99.

Unconsolidated regulations

Resolution of Uncertainty
or Transition

100.

Resolution of uncertainty or transition

PART VIII
AMENDMENTS AND REPEALS

101.

102.

103.

104.

105.

106.

107.

108.

109.

110.

111.

112.

113.

114.

115.

116.

117.

118.

119.

120.

121.

122.

123.

124.

125.

126.

127.

128.

129.

130.

131.

132.

133.

134.

135.

136.

137.

138.

139.

140.

141.

142.

Age of Majority and Accountability Act

Agricultural and Horticultural Organizations Act

Art Gallery of Ontario Act

Building Code Act, 1992

Conservation Authorities Act

Courts of Justice Act

Education Act

Election Act

Environmental Bill of Rights, 1993

Evidence Act

Executive Council Act

Funeral, Burial and Cremation Services Act, 2002

George R. Gardiner Museum of Ceramic Art Act

Highway 407 East Completion Act, 2001

Highway Traffic Act

Land Titles Act

Law Society Act

Lobbyists Registration Act, 1998

Motor Vehicle Dealers Act, 2002

Municipal Act, 2001

Municipal Affairs Act

Oak Ridges Moraine Conservation Act, 2001

Ontario College of Teachers Act, 1996

Proceedings Against the Crown Act

Public Accounting Act, 2004

Public Hospitals Act

Public Service Act

Public Transportation and Highway Improvement Act

Real Estate and Business Brokers Act, 2002

Registry Act

Royal Ontario Museum Act

Safe Drinking Water Act, 2002

Teaching Profession Act

Repeal of Acts

Revocation of regulation

Amendments in table form

Bill 107 — Human Rights Code Amendment Act, 2006

Bill 159 — Private Security and Investigative Services Act, 2005

Bill 169 — Transportation Statute Law Amendment Act, 2005

Bill 190 — Good Government Act, 2006

Bill 197 — Budget Measures Act, 2005

Bill 214 — Election Statute Law Amendment Act, 2005

Table 1/Tableau 1

Table 2/Tableau 2

PART IX
COMMENCEMENT AND SHORT TITLE

143.

144.

Commencement

Short title

___________

PART I
GENERAL

Definitions

1.  (1)  In this Act,

“consolidated law” means a source law into which are incorporated,

(a) amendments, if any, that are enacted by the Legislature or filed with the Registrar of Regulations under Part III or under a predecessor of that Part, and

(b) changes, if any, that are made under Part V; (“texte législatif codifié”)

“e-Laws website” means the website of the Government of Ontario for statutes, regulations and related materials that is available on the Internet at www.e-laws.gov.on.ca or at another website address specified by a regulation made under subsection (3); (“site Web Lois-en-ligne”)

“legislation” means Acts and regulations; (“législation”)

“source law” means,

(a) in the case of an Act, the Act as enacted by the Legislature, and

(b) in the case of a regulation, the regulation as filed with the Registrar of Regulations under Part III or under a predecessor of that Part. (“texte législatif source”)

Reference to amendment includes reference to repeal, revocation

(2)  A reference in this Act to amendment in relation to legislation is also a reference to repeal or revocation, unless a contrary intention appears.

Regulations re e-Laws website

(3)  The Attorney General may, by regulation, specify another website address for the purpose of the definition of “e-Laws website” in subsection (1).

Role of Attorney General

2.  The Attorney General shall,

(a) maintain the electronic database of source law and consolidated law for the e-Laws website so as to facilitate convenient and reliable public access to Ontario legislation;

(b) safeguard the accuracy and integrity of the electronic database of source law and consolidated law that appears on the e-Laws website; and

(c) safeguard the accuracy and integrity of publications of source law and consolidated law printed by the Queen’s Printer or by an entity prescribed under clause 41 (1) (a).

Designation by Chief Legislative Counsel

3.  The Chief Legislative Counsel may designate one or more lawyers employed in the Office of Legislative Counsel to exercise the powers and perform the duties of the Chief Legislative Counsel in his or her place.

Duty, obsolete Acts

4.  The Chief Legislative Counsel shall, from time to time, provide to the Attorney General a list of Acts, or any parts, portions or sections of Acts, that have been rendered obsolete by events or the passage of time.

PART II
STATUTES

Citation of Acts

5.  (1)  An Act may be cited,

(a) by its long or short title;

(b) in English as “Statutes of Ontario” or “S.O.” and in French as “Lois de l’Ontario” or “L.O.”, followed by its year of enactment and its chapter number.

Same

(2)  An Act set out in the Revised Statutes of Ontario may be cited in English as “Revised Statutes of Ontario, (year)” or “R.S.O. (year)” and in French as “Lois refondues de l’Ontario de (year)” or “L.R.O. (year)”, followed by its chapter number.

Same

(3)  An Act may also be cited in accordance with a method prescribed under clause 16 (a) or in accordance with accepted legislation citation practices.

Enacting clause

6.  An Act shall contain, at the beginning, the following words to indicate the authority by virtue of which it is passed: “Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows”.

Power to amend or repeal

7.  (1)  Every Act reserves to the Legislature power to repeal or amend it and to revoke or modify any power or advantage that it confers.

Same

(2)  Any Act may be amended or repealed by an Act passed in the same session of the Legislature.

Commencement of Acts

8.  (1)  Unless otherwise provided, an Act comes into force on the day it receives Royal Assent.

Same

(2)  Commencement and short title provisions in an Act and the long title of the Act are deemed to come into force on the day the Act receives Royal Assent, regardless of when the Act is specified to come into force.

Selective proclamation

(3)  If an Act provides that it is to come into force on a day to be named by proclamation, proclamations may be issued at different times for different parts, portions or sections of the Act.

Time of commencement and repeal

Commencement

9.  (1)  Unless otherwise provided, an Act comes into force at the first instant of the day on which it comes into force.

Limitation

(2)  Unless otherwise provided, an Act that comes into force on Royal Assent is not effective against a person before the earlier of the following times:

1. When the person has actual notice of it.

2. The last instant of the day on which it comes into force.

Repeal

(3)  Unless otherwise provided, the repeal of an Act takes effect at the first instant of the day of repeal.

Exercise of delegated power before commencement

10.  (1)  A power conferred by an Act to make regulations or appointments or do any other thing may be exercised at any time after Royal Assent even if the Act is not yet in force.

Same

(2)  Until the Act comes into force, the exercise of a power in accordance with subsection (1) has no effect except as may be necessary to make the Act effective when it comes into force.

Endorsements on Acts

11.  (1)  The Clerk of the Assembly shall indicate on every Act, after the title, the date on which it receives Royal Assent.

Same

(2)  The date of assent forms part of the Act.

Reserved bills

12.  (1)  In this Part, a reference to the day or date on which an Act receives Royal Assent is, in the case of a bill reserved by the Lieutenant Governor, a reference to the day on which the Lieutenant Governor signifies, by speech or message to the Assembly or by proclamation, that the bill was laid before the Governor General in Council and that the Governor General was pleased to assent to it.

Endorsement, date of reservation

(2)  The Clerk of the Assembly shall indicate, on every bill that is reserved, the date of reservation.

Judicial notice

13.  Judicial notice shall be taken of the enactment and contents of an Act.

Copies for publication

14.  The Clerk of the Assembly shall provide a certified copy of each Act of the Legislature, as soon as it has been assented to, for the purpose of publication on the e-Laws website and print publication.

Publication

15.  (1)  Every Act of the Legislature shall be published on the e-Laws website and in print.

Corrections

(2)  If the Chief Legislative Counsel discovers that an Act published on the e-Laws website differs from the Act as assented to, he or she shall ensure that a corrected Act is published on the e-Laws website.

Same

(3)  If the Chief Legislative Counsel discovers that an Act published in print under subsection (1) differs from the Act as assented to, he or she may cause the corrected Act to be published in print, if he or she considers it appropriate in the circumstances.

Same

(4)  Where subsection (2) or (3) applies, the Chief Legislative Counsel may publish a notice of a correction, on the e-Laws website or in print, in such manner as the Chief Legislative Counsel considers appropriate.

Regulations

16.  The Attorney General may make regulations,

(a) prescribing methods of citing Acts to supplement or provide alternatives to the methods set out in section 5;

(b) prescribing the manner of publishing Acts on the e-Laws website and in print for the purposes of subsection 15 (1).

PART III
REGULATIONS

Definitions

17.  In this Part,

“Registrar” means the Registrar of Regulations appointed under section 31; (“registrateur”)

“regulation” means a regulation, rule, order or by-law of a legislative nature made or approved under an Act of the Legislature by the Lieutenant Governor in Council, a minister of the Crown, an official of the government or a board or commission all the members of which are appointed by the Lieutenant Governor in Council, but does not include,

(a) a by-law of a municipality or local board as defined in the Municipal Affairs Act, or

(b) an order of the Ontario Municipal Board. (“règlement”)

Filing of regulations

18.  (1)  Every regulation shall be filed with the Registrar, except as provided in sections 19 to 21.

Regulations made or approved by Lieutenant Governor in Council

(2)  If a regulation is made or approved by the Lieutenant Governor in Council, a copy of the regulation certified to be a true copy by the Clerk or Deputy Clerk of the Executive Council shall be filed.

Other regulations

(3)  If a regulation is not made or approved by the Lieutenant Governor in Council, the original regulation, signed by the person or entity authorized to make the regulation, shall be filed.

Same

(4)  If a regulation described in subsection (3) requires the approval of a person or entity other than the Lieutenant Governor in Council, the original regulation, signed by the person or entity authorized to make the regulation and by the person or entity whose approval is required, shall be filed.

Corporation or other entity

(5)  If a corporation or other entity makes or approves a regulation, the signature of an officer or agent who has authority to sign on behalf of the corporation or entity is deemed to be the signature of the corporation or entity for the purposes of subsections (3) and (4).

Proof of office not required

(6)  A regulation signed by an officer or agent under subsection (5) may be filed without proof of the authority, office or signature of the person signing on behalf of the corporation or entity, but the signed regulation shall show his or her office or title.

Other requirement

(7)  A regulation presented for filing shall show the date on which it was made and, if approval is required, the date on which it was approved.

Public inspection

(8)  A filed regulation shall be made available for public inspection.

Filing date

19.  (1)  A regulation shall not be filed on a date that is later than four months after the date on which it was made or, if approval of the regulation is required, the date it is approved.

Consent to extend filing date

(2)  Despite subsection (1), a regulation may be filed on a date that is later than that described in subsection (1) if consent to do so has been obtained from the person or entity authorized to make the regulation and, if the regulation requires approval, from the person or entity authorized to approve the regulation.

Date to be specified

(3)  The consent shall specify a date after the four-month period described in subsection (1) by which the regulation shall be filed.

Timing of consent

(4)  A consent to extend the filing date and any subsequent consents may be given at any time,

(a) whether before or after the four-month period described in subsection (1) has expired; and

(b) whether or not a date set out in an earlier consent has expired.

Filing restriction

(5)  The regulation shall not be filed after the date specified in the consent.

Consent to be filed

(6)  The consent extending the filing date shall be filed with the Registrar at the same time as the regulation is filed, and the rules for signing and certifying the regulation set out in section 18 apply to the consent, with necessary modifications.

Same

(7)  A consent filed under this section need not be published.

Transition

(8)  This section does not apply to a regulation made on or before the coming into force of this section, even if approval, if required, was given after the coming into force of this section.

Registrar’s discretion not to file

20.  The Registrar may refuse to file a regulation if the rules for filing set out in section 18 or prescribed under clause 32 (a) have not been complied with.

Registrar’s duty not to file

21.  (1)  The Registrar shall refuse to file a regulation if the regulation is not bilingual but purports to amend a bilingual regulation.

Same

(2)  The Registrar shall refuse to file a regulation if section 19 has not been complied with.

Deemed validity of filing

(3)  If a regulation that fails to meet the requirements of this section is inadvertently accepted for filing, the regulation is deemed to be validly filed despite that failure.

Same

(4)  Subsection (3) shall be interpreted only as validating a procedural irregularity.

When regulation effective

22.  (1)  A regulation that is not filed has no effect.

Same

(2)  Unless otherwise provided in a regulation or in the Act under which the regulation is made, a regulation comes into force on the day on which it is filed.

No retroactivity authorized

(3)  Nothing in this section authorizes the making of a regulation that is effective with respect to a period before its filing.

Time of commencement and revocation

Commencement

23.  (1)  Unless otherwise provided in a regulation or in the Act under which the regulation is made, a regulation comes into force at the first instant of the day on which it comes into force.

Limitation

(2)  Unless otherwise provided in a regulation or in the Act under which the regulation is made, a regulation is not effective against a person before the earliest of the following times:

1. When the person has actual notice of it.

2. The last instant of the day on which it is published on the e-Laws website.

3. The last instant of the day on which it is published in the print version of The Ontario Gazette.

Revocation

(3)  Unless a regulation or an Act provides otherwise, the revocation of a regulation takes effect at the first instant of the day of revocation.

Proof of making, approval, filing and publication

When made

24.  (1)  Unless the contrary is proved, the date indicated on the e-Laws website or in the print version of The Ontario Gazette as the date on which a regulation was made is proof that the regulation was made on that date.

When approved

(2)  Unless the contrary is proved, if approval is required for the making of a regulation, the date indicated on the e-Laws website or in the print version of The Ontario Gazette as the date on which approval was given is proof that the regulation was approved on that date.

When filed

(3)  Unless the contrary is proved, the date indicated on the e-Laws website or in the print version of The Ontario Gazette as the date on which a regulation was filed is proof that the regulation was filed on that date.

When published on e-Laws

(4)  Unless the contrary is proved, the date of publication indicated for a regulation on the e-Laws website is proof that the regulation was published on the e-Laws website on that date.

When published in The Ontario Gazette

(5)  Unless the contrary is proved, the date of publication indicated for a regulation in the print version of The Ontario Gazette is proof that the regulation was published in the print version of The Ontario Gazette on that date.

When published

25.  (1)  Every regulation shall be published,

(a) on the e-Laws website promptly after its filing; and

(b) in the print version of The Ontario Gazette within one month after its filing or in accordance with such other timelines as may be specified in a regulation made under clause 32 (c).

Date of filing, publication, etc.

(2)  A published regulation shall show the date of its filing, the date of its publication on the e-Laws website and the date of its publication in the print version of The Ontario Gazette, in the manner directed by the Registrar.

Publication in order of filing

(3)  Regulations shall be published in the order in which they are filed unless, in the opinion of the Registrar, for practical or technical reasons related to the publication process, it is impossible, impractical or unreasonably difficult or costly to do so.

Numbering

(4)  Regulations shall be numbered in the order in which they are filed, and a new series shall be commenced each year.

Same, e-Laws publication

(5)  For the purposes of subsection (3), regulations that are published on the e-Laws website simultaneously or as a batch are deemed to be published in the order in which they are filed.

Pre-publication corrections

26.  (1)  At any time before a filed regulation is first published under subsection 25 (1), the Registrar may,

(a) correct spelling, punctuation or grammatical errors, or errors that are of a clerical, typographical or similar nature;

(b) alter the style or presentation of text or graphics to be consistent with the editorial or drafting practices of Ontario, or to improve electronic or print presentation; and

(c) correct errors in the numbering of provisions and make any changes in cross-references that are required as a result.

Same

(2)  Corrections and alterations made under this section are deemed to be part of the regulation as filed with the Registrar under this Part.

Post-publication corrections

27.  (1)  If the Registrar discovers that a regulation published on the e-Laws website differs from the filed regulation, the Registrar shall promptly publish a corrected regulation on the e-Laws website.

Same

(2)  A corrected regulation published under subsection (1) shall be accompanied by a notice of correction, if the Registrar considers it appropriate, having regard to the nature of the correction.

Same

(3)  If the Registrar discovers that a regulation published in the print version of The Ontario Gazette differs from the filed regulation, the Registrar shall, as soon as possible, publish a notice of correction in the print version of The Ontario Gazette.

Same

(4)  The Registrar need not publish a notice of correction under subsection (3) if, in his or her opinion, the difference between the filed regulation and the printed regulation is so insignificant that the notice is not warranted.

Same

(5)  A notice of correction published under subsection (3) shall include a corrected regulation, if the Registrar considers it appropriate, having regard to the nature of the correction.

No validation

28.  The filing, publication or correction of a regulation under this Act does not validate the regulation if it is otherwise invalid.

Judicial notice

29.  Judicial notice shall be taken of the making, approval where required, filing, contents and publication of a regulation that is published on the e-Laws website or in the print version of The Ontario Gazette.

Citation of regulations

30.  (1)  A regulation may be cited in English as “Ontario Regulation” or “O. Reg.” and in French as “Règlement de l’Ontario” or “Règl. de l’Ont.” followed by its filing number, a forward slash and the year of its filing.

Same

(2)  The year of filing of a regulation may be indicated in full or by the last two figures in the year.

Same

(3)  A regulation set out in the Revised Regulations of Ontario may be cited,

(a) in English as “Revised Regulations of Ontario, (year) , Regulation (number)” or as “R.R.O. (year), Reg. (number)”; and

(b) in French as “Règlements refondus de l’Ontario de (year), Règlement (number)” or as “R.R.O. (year), Règl. (number)”.

Same

(4)  A regulation may also be cited in accordance with a method prescribed under clause 32 (b) or in accordance with accepted legislation citation practices.

Registrar

31.  (1)  A lawyer employed in the Office of Legislative Counsel shall be appointed by the Lieutenant Governor in Council as Registrar of Regulations.

Duty, preparation of regulations

(2)  The Registrar shall advise on and assist in the preparation of regulations.

Other duties

(3)  The Registrar shall,

(a) be responsible for the numbering, indexing and publication of all regulations filed under this Part;

(b) set standards respecting the format in which regulations shall be submitted for filing;

(c) exercise the powers given and perform the duties assigned under this Part.

Assistant Registrars

(4)  The Registrar may designate one or more lawyers employed in the Office of Legislative Counsel as Assistant Registrar to exercise the powers and perform the duties of the Registrar in his or her place.

Regulations

32.  The Attorney General may make regulations,

(a) prescribing methods and rules for filing regulations that supplement or provide alternatives to the rules described in section 18, to permit the establishment of an electronic regulations filing system or otherwise address technological change;

(b) prescribing methods of citing regulations to supplement or provide alternatives to the methods set out in section 30;

(c) prescribing timelines for the purposes of clause 25 (1) (b);

(d) respecting the powers and duties of the Registrar.

Standing committee

33.  (1)  At the commencement of each session of the Legislature, a standing committee of the Assembly shall be appointed under this section with authority to sit during the session.

Regulations referred

(2)  Every regulation stands permanently referred to the standing committee for the purposes of subsection (3).

Terms of reference

(3)  The standing committee shall examine the regulations with particular reference to the scope and method of the exercise of delegated legislative power but without reference to the merits of the policy or objectives to be effected by the regulations or enabling Acts, and shall deal with such other matters as are referred to it by the Assembly.

Authority to call persons

(4)  The standing committee may examine any member of the Executive Council or any public servant designated by the member respecting any regulation made under an Act that is under his or her administration.

Report

(5)  The standing committee shall, from time to time, report to the Assembly its observations, opinions and recommendations.

PART IV
PROOF OF LEGISLATION

Official law

34.  (1)  A bill that receives Royal Assent and is endorsed by the Clerk of the Assembly as having received Royal Assent is official law.

Same

(2)  A regulation that is filed with the Registrar of Regulations under Part III (Regulations) or a predecessor of that Part is official law.

Official copy

35.  (1)  A copy of a source law or a consolidated law is an official copy of that law if,

(a) it is printed by the Queen’s Printer or by an entity that is prescribed under clause 41 (1) (a);

(b) it is accessed from the e-Laws website in a form or format prescribed under clause 41 (1) (b); or

(c) it is prescribed under clause 41 (1) (c) as an official copy.

Disclaimer

(2)  Subsection (1) does not apply to a copy that is accompanied by a disclaimer to the effect that it is not intended as official.

Same

(3)  In the case of a copy referred to in clause (1) (b), the copy is accompanied by a disclaimer if the disclaimer is on the e-Laws website when the copy is accessed.

Presumption, printed by Queen’s Printer

36.  Unless the contrary is proved, a copy of a source law or consolidated law purporting to be printed by the Queen’s Printer or other prescribed entity was so printed.

Presumption, accessed from e-Laws

37.  Unless the contrary is proved, a copy of a source law or consolidated law submitted with an oral or written statement to the effect that it was accessed from the e-Laws website in a form or format prescribed under clause 41 (1) (b) was so accessed.

Official copies of source law as evidence

38.  Unless the contrary is proved, an official copy of a source law is an accurate statement of that law.

Official copies of consolidated law as evidence

39.  Unless the contrary is proved, an official copy of a consolidated law is an accurate statement of that law,

(a) in the case of an official copy described in clause 35 (1) (a), on the consolidation date shown on the copy;

(b) in the case of an official copy accessed from the e-Laws website in a form or format prescribed under clause 41 (1) (b), during the period indicated on the e-Laws website in respect of the copy when the copy is accessed;

(c) in the case of an official copy prescribed under clause 41 (1) (c), on the date or during the period prescribed under clause 41 (1) (d).

e-Laws, provisions not in force

40.  (1)  A source law or consolidated law published on the e-Laws website shall include provisions that have been enacted by the Legislature or filed under Part III (Regulations) or a predecessor of that Part, as the case may be, but that are not yet in force.

Same

(2)  Where a provision that is not yet in force is included in a law published on the e-Laws website, the fact that it is not yet in force shall be indicated on the website, in the manner and to the extent directed by the Chief Legislative Counsel.

Regulations

41.  (1)  The Attorney General may make regulations,

(a) prescribing an entity for the purposes of clause 35 (1) (a);

(b) prescribing forms or formats, including print-outs, on-screen displays or other output of electronic data, for the purposes of clause 35 (1) (b);

(c) prescribing official copies for the purposes of clause 35 (1) (c);

(d) prescribing the date on or period during which a copy prescribed under clause (c) is an accurate statement of a consolidated law.

Same

(2)  A regulation made under clause (1) (b), (c) or (d) may be made with respect to,

(a) the manner in which a copy is created, recorded, transmitted, stored, authenticated, received, displayed or perceived;

(b) the person, body or thing that created, recorded, transmitted, stored, authenticated, received, displayed or perceived the copy; and

(c) any statement, mark or certification associated with the creation, recording, transmission, storage, authentication, reception, display or perception of the copy.

PART V
CHANGE POWERS

Editorial and other changes

42.  (1)  This Part does not authorize any change that alters the legal effect of any Act or regulation.

Same

(2)  The Chief Legislative Counsel may make the following changes to consolidated laws:

1. Correct spelling, punctuation or grammatical errors, or errors that are of a clerical, typographical or similar nature.

2. Alter the style or presentation of text or graphics to be consistent with the editorial or drafting practices of Ontario, or to improve electronic or print presentation.

3. Replace a form of reference to an Act or regulation, or a provision or other portion of an Act or regulation, with a different form of reference, in accordance with Ontario drafting practices.

4. Replace a description of a date or time with the actual date or time.

5. After a bill has been enacted, replace a reference to the bill or a provision or other portion of the bill with a reference to the Act or provision or other portion of the Act.

6. If a provision provides that it is contingent on the occurrence of a future event and the event occurs, remove text referring to the contingency and make any other changes that are required as a result.

7. Make such changes to the title of an Act or regulation, including but not limited to omitting the year from the title of an Act, as are required to accord with changes in methods of citing Acts or regulations or changes in the electronic or print presentation of Acts or regulations, and make any other changes that are required as a result.

8. If an Act or regulation provides that references to a body, office, person, place or thing are deemed or considered to be references to another body, office, person, place or thing, replace a reference to the original body, office, person, place or thing with a reference to the other.

9. When the name, title, location or address of a body, office, person, place or thing has been altered, change references to the name, title, location or address to reflect the alteration, if the body, office, person, place or thing continues under the new name or title or at the new location or address.

10. Correct errors in the numbering of provisions or other portions of an Act or regulation and make any changes in cross-references that are required as a result.

11. If a provision of a transitional nature is contained in an amending Act or regulation, incorporate it as a provision of the relevant consolidated law and make any other changes that are required as a result.

12. Make a correction, if it is patent both that an error has been made and what the correction should be.

Exception, par. 9 of subs. (2)

(3)  Paragraph 9 of subsection (2) does not apply to alterations to the name or title of,

(a) a Minister or Ministry of the Government of Ontario;

(b) a municipality, as defined in the Municipal Act, 2001;

(c) a non-legislative document incorporated by reference into an Act or regulation; or

(d) an Act or regulation.

Error in consolidation

(4)  If the Chief Legislative Counsel discovers that an error was made in the process of publishing or consolidating a consolidated law,

(a) in the case of a consolidated law published on the e-Laws website, he or she shall ensure that a corrected consolidated law is published on the e-Laws website; and

(b) in the case of a consolidated law printed by the Queen’s Printer or by an entity that is prescribed under clause 41 (1) (a), he or she may cause a corrected consolidated law to be published in print, if he or she considers it appropriate in the circumstances.

Notice of change

43.  (1)  The Chief Legislative Counsel may provide notice of the changes made under paragraphs 1 to 3 of subsection 42 (2) and of corrections made under subsection 42 (4), in the manner that he or she considers appropriate.

Same

(2)  The Chief Legislative Counsel shall provide notice of the changes made under paragraphs 4 to 12 of subsection 42 (2), in the manner that he or she considers appropriate.

Same

(3)  In determining whether to provide notice of a change made under paragraphs 1 to 3 of subsection 42 (2), the Chief Legislative Counsel shall consider,

(a) the nature of the change; and

(b) the extent to which notice, and the information provided in it, would provide assistance in understanding the relevant legislative history.

Same

(4)  In providing notice under subsection (1) or (2), the Chief Legislative Counsel shall state the change or the nature of the change.

Date of change

44.  No legal significance shall be inferred from the timing of the exercise of a power under this Part.

Interpretation

45.  Regardless of when a change is made to a consolidated law under this Part, the change may be read, if it is appropriate to do so,

(a) into the source law as of the date it was enacted or filed; or

(b) into earlier consolidations of the Act or regulation.

PART VI
INTERPRETATION

Application

Application to Acts and regulations

46.  Every provision of this Part applies to every Act and regulation.

Contrary intention or context requiring otherwise

47.  Section 46 applies unless,

(a) a contrary intention appears; or

(b) its application would give to a term or provision a meaning that is inconsistent with the context.

Existing and future legislation

48.  Section 46 applies whether the Act or regulation was enacted or made before, on or after the day the Access to Justice Act, 2006 receives Royal Assent.

Other documents

49.  The following provisions also apply, in the same way as to a regulation, to every document that is made under an Act but is not a regulation:

1. Subsection 52 (6) (regulation continues).

2. Section 54 (regulations – power to make, amend, etc.).

3. Section 58 (reference to Act or regulation includes reference to individual provisions).

4. Section 59 (rolling incorporation of Ontario legislation), but only with respect to the document that contains the reference.

5. Section 86 (terms used in regulations).

6. Section 89 (computation of time).

Interpretation and definition provisions

50.  The interpretation and definition provisions in every Act and regulation are subject to the exceptions contained in section 47.

Legislative Changes

Effect of repeal and revocation

51.  (1)  The repeal of an Act or the revocation of a regulation does not,

(a) affect the previous operation of the repealed or revoked Act or regulation;

(b) affect a right, privilege, obligation or liability that came into existence under the repealed or revoked Act or regulation;

(c) affect an offence committed against the repealed or revoked Act or regulation, or any penalty, forfeiture or punishment incurred in connection with the offence;

(d) affect an investigation, proceeding or remedy in respect of,

(i) a right, privilege, obligation or liability described in clause (b), or

(ii) a penalty, forfeiture or punishment described in clause (c).

Same

(2)  An investigation, proceeding or remedy described in clause (1) (d) may be commenced, continued and enforced as if the Act or regulation had not been repealed or revoked.

Same

(3)  A penalty, forfeiture or punishment described in clause (1) (c) may be imposed as if the Act or regulation had not been repealed or revoked.

Effect of amendment and replacement

Application

52.  (1)  This section applies,

(a) if an Act is repealed and replaced;

(b) if a regulation is revoked and replaced;

(c) if an Act or regulation is amended.

Authorized persons continue to act

(2)  A person authorized to act under the former Act or regulation has authority to act under the corresponding provisions, if any, of the new or amended one until another person becomes authorized to do so.

Proceedings continued

(3)  Proceedings commenced under the former Act or regulation shall be continued under the new or amended one, in conformity with the new or amended one as much as possible.

New procedure

(4)  The procedure established by the new or amended Act or regulation shall be followed, with necessary modifications, in proceedings in relation to matters that happened before the replacement or amendment.

Reduction of penalty

(5)  If the new or amended Act or regulation provides for a lesser penalty, forfeiture or punishment, the lesser one applies when a sanction is imposed, after the replacement or amendment, in respect of matters that happened before that time.

Regulation continues

(6)  If an Act under which a regulation has been made is replaced or amended, the regulation remains in force to the extent that it is authorized by the new or amended Act.

Effect of repeal and revocation on amendments

53.  The repeal or revocation of an Act or regulation includes the repeal or revocation of any amendment to the Act or regulation.

Regulations – power to make, amend, etc.

54.  (1)  Power to make regulations includes power to amend, revoke or replace them from time to time.

Survival of power to revoke

(2)  Power to revoke a regulation remains even if the provision conferring power to make it has been repealed.

New regulation-maker

(3)  If a provision conferring power on a person or entity to make a regulation is amended, or repealed and replaced, so as to confer the power or substantially the same power on a different person or entity, the second person or entity has power to revoke, amend or replace the regulation made by the first one.

Obsolete regulations

55.  (1)  If a provision of an Act under which a regulation is made is repealed and not replaced, the regulation ceases to have effect, subject to section 51 and subsection 59 (3).

Same

(2)  The Lieutenant Governor in Council may, by regulation, revoke a regulation,

(a) that has ceased to have effect under subsection (1); or

(b) that has been rendered obsolete by events or the passage of time.

No implication

56.  (1)  The repeal, revocation or amendment of an Act or regulation does not imply anything about the previous state of the law or that the Act or regulation was previously in force.

Same

(2)  The amendment of an Act or regulation does not imply that the previous state of the law was different.

Same

(3)  The re-enactment, remaking, amendment or changing under Part V (Change Powers) of an Act or regulation does not imply an adoption of any judicial or other interpretation of the language used in the Act or regulation, or of similar language.

No revival

57.  The repeal or revocation of an Act or regulation does not imply the revival of an Act or regulation that is not in force or another thing that is not in existence at the time the repeal or revocation takes effect.

References

Reference to Act or regulation includes reference to individual provisions

58.  A reference to an Act or regulation is also a reference to each provision of the Act or regulation.

Rolling incorporation of Ontario legislation

59.  (1)  A reference in an Act or regulation to a provision of another Act or regulation is a reference to the provision,

(a) as amended, re-enacted or remade; or

(b) as changed under Part V (Change Powers).

Same

(2)  Subsection (1) applies whether the provision is amended, re-enacted, remade or changed under Part V before or after the commencement of the provision containing the reference.

Reference to repealed and unreplaced provision

(3)  If the provision referred to is repealed or revoked, without being replaced,

(a) the repealed or revoked provision continues to have effect, but only to the extent that is necessary to give effect to the Act or regulation that contains the reference; and

(b) the reference is to the provision as it read immediately before the repeal or revocation.

Rolling incorporation of other Canadian legislation

60.  (1)  A reference in an Act or regulation to a provision of an Act or regulation of Canada or of another province or territory of Canada is a reference to the provision,

(a) as amended, re-enacted or remade; or

(b) as changed in the exercise of a statutory power to make non-substantive changes.

Same

(2)  Subsection (1) applies whether the provision is amended, re-enacted, remade or changed as described in clause (1) (b) before or after the commencement of the provision containing the reference.

Reference to repealed and unreplaced provision

(3)  If the provision referred to is repealed or revoked, without being replaced, the reference is to the provision as it read immediately before the repeal or revocation.

Static incorporation of foreign legislation

61.  A reference in an Act or regulation to a provision of an Act or regulation of a jurisdiction outside Canada is a reference to the provision as it read when the Ontario provision containing the reference was most recently enacted, made or amended.

Incorporation of documents by reference

62.  (1)  The power to make a regulation may be exercised by incorporating an existing document by reference, in whole or in part.

Changes

(2)  The document may be incorporated subject to such changes as the maker of the regulation considers necessary.

Static incorporation

(3)  The reference to the document is a reference to it as it read when the provision containing the reference was most recently enacted, made or amended.

Access to incorporated document and earlier versions

(4)  When a document is incorporated by reference as described in subsection (1), the Minister responsible for the administration of the Act under which the regulation is made shall take steps to ensure that,

(a) the incorporated document is readily available to the public, on and after the day the provision containing the reference comes into force; and

(b) the incorporated document and any earlier versions of it that were previously incorporated into the regulation or into a predecessor of the regulation remain readily available to the public.

Transition

(5)  Subsection (4) applies with respect to documents incorporated by reference as described in subsection (1) on and after the day the Access to Justice Act, 2006 receives Royal Assent.

General Rules of Construction

Law always speaking

63.  The law is always speaking, and the present tense shall be applied to circumstances as they arise.

Rule of liberal interpretation

64.  (1)  An Act shall be interpreted as being remedial and shall be given such fair, large and liberal interpretation as best ensures the attainment of its objects.

Same

(2)  Subsection (1) also applies to a regulation, in the context of the Act under which it is made and to the extent that the regulation is consistent with that Act.

Bilingual texts

65.  The English and French versions of Acts and regulations that are enacted or made in both languages are equally authoritative.

Bilingual names

66.  If the Act or regulation that creates or continues an entity refers to it by both an English and a French name, or if the English and French versions of the Act or regulation refer to the entity by different names, it may be referred to for any purpose by either name or by both names.

Number

67.  Words in the singular include the plural and words in the plural include the singular.

Gender

68.  Gender-specific terms include both sexes and include corporations.

Preambles and Reference Aids

Preambles

69.  (1)  A preamble to a new Act is part of that Act and may be used to help explain its purpose.

Same

(2)  A preamble to an Act that amends one or more other Acts is part of the amending Act and may be used to help explain the purpose of the amendments.

Reference aids

70.  Tables of contents, marginal notes, information included to provide legislative history, headnotes and headings are inserted in an Act or regulation for convenience of reference only and do not form part of it.

Crown

Crown not bound, exception

71.  No Act or regulation binds Her Majesty or affects Her Majesty’s rights or prerogatives unless it expressly states an intention to do so.

Succession

72.  Anything begun under a reigning sovereign continues under his or her successor as if no succession had taken place.

Proclamations

How proclamations issued

73.  When an Act authorizes the Lieutenant Governor to do anything by proclamation, the proclamation,

(a) shall be issued under an order of the Lieutenant Governor in Council recommending that the proclamation be issued; and

(b) need not refer to the order in council.

Judicial notice

74.  Judicial notice shall be taken of the issuing and contents of every proclamation.

Amendment and revocation – restriction

75.  (1)  A proclamation that brings an Act into force may be amended or revoked by a further proclamation before the commencement date specified in the original proclamation, but not on or after that date.

Same

(2)  A proclamation that specifies different commencement dates for different provisions may be amended or revoked with respect to a particular provision before the commencement date specified for that provision, but not on or after that date.

Appointments, Powers and Delegation

Appointments

76.  (1)  A provision authorizing the Lieutenant Governor in Council, the Lieutenant Governor or a minister of the Crown to appoint a person to an office authorizes an appointment for a fixed term or an appointment during pleasure, and if the appointment is during pleasure, it may be revoked at any time, without cause and without giving notice.

Remuneration and expenses

(2)  A provision described in subsection (1) authorizes the Lieutenant Governor in Council to determine the remuneration and expenses of the person who is appointed.

Implied powers

77.  Power to appoint a person to a public office includes power to,

(a) reappoint or remove the person;

(b) appoint a deputy with the same powers as the holder of the office, subject to specified conditions, or with limited powers as specified; and

(c) temporarily appoint another person to the office if it is vacant or if the holder of the office is absent or unable to act.

Incidental powers

78.  If power to do or to enforce the doing of a thing is conferred on a person, all necessary incidental powers are included.

Performance when occasion requires

79.  Powers that are conferred on a person may be exercised, and duties that are imposed on a person shall be performed, whenever the occasion requires.

Powers and duties remain despite delegation

80.  A person on whom an Act confers a power or imposes a duty may exercise it even if it has been delegated to another person.

Survival of delegation

81.  The delegation of a power or duty remains valid until it is revoked or amended, even if the author of the delegation is no longer in office.

Regulations and Forms

General or particular

82.  (1)  A regulation may be general or particular in its application.

Classes

(2)  The power to make a regulation includes the power to prescribe a class.

Same

(3)  For the purposes of subsection (2), a class may be defined,

(a) in terms of any attribute or combination of attributes; or

(b) as consisting of, including or excluding a specified member.

Fee regulations

83.  This Act authorizes the Lieutenant Governor in Council to make regulations under an Act, prescribing fees to be charged by persons whom the Act or a regulation made under the Act requires or authorizes to do anything, if the Act itself does not provide for such regulations.

Deviations from required form

84.  Deviations from a form whose use is required under an Act do not invalidate the form if,

(a) they do not affect the substance and are unlikely to mislead; and

(b) the form is organized in the same or substantially the same way as the form whose use is required.

Definitions

Different forms of defined terms

85.  If a term is defined, other forms of the same term have corresponding meanings.

Terms used in regulations

86.  Terms used in regulations have the same meaning as in the Act under whose authority they are made.

Definitions

87.  In every Act and regulation,

“Act” means an Act of the Legislature, and “statute” has the same meaning; (“loi”)

“Assembly” and “Legislative Assembly” mean the Legislative Assembly of Ontario; (“Assemblée”, “Assemblée législative”)

“Court of Appeal” means the Court of Appeal for Ontario; (“Cour d’appel”)

“Divisional Court” means the Divisional Court of the Superior Court of Justice; (“Cour divisionnaire”)

“Her Majesty”, “His Majesty”, “the Queen”, “the King” or “the Crown” means the Sovereign of the United Kingdom, Canada and Her other Realms and Territories, and Head of the Commonwealth; (“Sa Majesté”, “la Reine”, “le Roi”, “la Couronne”)

“holiday” means a holiday as described in section 88; (“jour férié”)

“individual” means a natural person; (“particulier”)

“legally qualified medical practitioner” and similar expressions indicating legal recognition of a person as a member of the medical profession mean a member of the College of Physicians and Surgeons of Ontario; (“médecin dûment qualifié”)

“Legislature” means the Lieutenant Governor acting by and with the advice and consent of the Assembly; (“Législature”)

“Lieutenant Governor” means the Lieutenant Governor of Ontario, or the person administering the Government of Ontario for the time being in Her Majesty’s name, by whatever title he or she is designated; (“lieutenant-gouverneur”)

“Lieutenant Governor in Council” means the Lieutenant Governor acting by and with the advice of the Executive Council of Ontario; (“lieutenant-gouverneur en conseil”)

“mentally ill”, when used in reference to a person, means suffering from such a disorder of the mind that he or she requires care, supervision and control for his or her own protection or welfare, or for the protection of others; (“mentalement malade”)

“mentally incompetent”, when used in reference to a person, means,

(a) having such a condition of arrested or incomplete development of the mind, whether arising from inherent causes or induced by disease or injury, or

(b) suffering from such a disorder of the mind,

that the person requires care, supervision and control for his or her protection and the protection of his or her property; (“mentalement incapable”, “frappé d’incapacité mentale”)

“newspaper”, in a provision requiring publication, means a document that,

(a) is printed in sheet form, published at regular intervals of a week or less and circulated to the general public, and

(b) consists primarily of news of current events of general interest; (“journal”)

“now”, “next”, “heretofore” and “hereafter” relate to the date of coming into force of the provision in which they are used; (“maintenant”, “prochainement”, “jusqu’ici”, “dorénavant”)

“peace officer” includes,

(a) a person employed to serve or execute civil process, including a sheriff, deputy sheriff and sheriff’s officer, and a bailiff of the Small Claims Court,

(b) a justice of the peace,

(c) an officer or permanent employee of a correctional institution, or of a place of detention or custody, and

(d) a person employed to maintain the public peace, including a police officer and constable; (“agent de la paix”)

“person” includes a corporation; (“personne”)

“proclamation” means a proclamation issued by the Lieutenant Governor under the Great Seal; (“proclamation”)

“regulation” means a regulation as defined in Part III; (“règlement”)

“rules of court” means rules that are made by a rules committee established under the Courts of Justice Act. (“règles de pratique”)

Time

Holidays

88.  (1)  This section applies for the purposes of the definition of “holiday” in section 87.

Same

(2)  The following days are holidays:

1. Sunday.

2. New Year’s Day.

3. Good Friday.

4. Easter Monday.

5. Victoria Day.

6. Canada Day.

7. Labour Day.

8. Thanksgiving Day.

9. Remembrance Day.

10. Christmas Day.

11. Boxing Day.

12. Any day fixed as a holiday by proclamation of the Governor General or Lieutenant Governor.

Same

(3)  When New Year’s Day falls on a Sunday, the following Monday is also a holiday.

Same

(4)  In accordance with the Holidays Act (Canada), when July 1 is a Sunday, Canada Day falls on July 2.

Same

(5)  When Christmas Day falls on a Saturday, the following Monday is also a holiday, and when it falls on a Sunday, the following Tuesday is also a holiday.

Computation of time

Holidays

89.  (1)  Time limits that would otherwise expire on a holiday are extended to include the next day that is not a holiday.

Days on which offices closed

(2)  Time limits for registering or filing documents or for doing anything else that expire on a day when the place for doing so is not open during its regular hours of business are extended to include the next day the place is open during its regular hours of business.

Number of days between events

(3)  A reference to a number of days between two events excludes the day on which the first event happens and includes the day on which the second event happens, even if the reference is to “at least” or “not less than” a number of days.

Specified day included

(4)  A period of time described as beginning or ending on, at or with a specified day includes that day.

Specified day excluded

(5)  A period of time described as beginning before or after a specified day excludes that day.

Months

(6)  If a period of time is described as a number of months before or after a specified day, the following rules apply:

1. The number of months are counted from the specified day, excluding the month in which the specified day falls.

2. The specified day is excluded.

3. The period includes the day in the last month counted that has the same calendar number as the specified day or, if that month has no day with that number, its last day.

Leap years

(7)  The anniversary of an event that took place on February 29 falls on February 28, except in a leap year.

Age

90.  A person attains an age specified as a number of years at the first instant of the corresponding anniversary of his or her birth.

Miscellaneous

Private Acts

91.  (1)  A private Act does not affect the rights of a person or entity except as mentioned in the Act.

Same

(2)  Subsection (1) does not apply to a private Act respecting the powers or duties of a municipality.

Corporations, implied provisions

92.  (1)  A provision of an Act that creates a corporation,

(a) gives it power to have perpetual succession, to sue and be sued and to contract by its corporate name, to have a seal and to change it, and to acquire, hold and dispose of personal property for the purposes for which the corporation is incorporated;

(b) gives a majority of the members of the corporation power to bind the others by their acts; and

(c) exempts the members of the corporation from personal liability for its debts, acts and obligations, if they do not contravene the Act that incorporates them.

Restricted application

(2)  Subsection (1) applies to a corporation only if the provision creating it is in force on the day before the day the Access to Justice Act, 2006 receives Royal Assent.

Majority

93.  If something is required or authorized to be done by more than two persons, a majority of them may do it.

Reference to series

94.  If reference is made to a series, the first and last items are included.

Oaths, affirmations and declarations

95.  A requirement that a person take an oath or be sworn is satisfied by an affirmation or a declaration.

Requirements for security and sureties

Security

96.  (1)  A requirement to give security is a requirement to give security that is sufficient for the purpose.

Sureties

(2)  Subsection (1) also applies, with necessary modifications, to a surety, and if the provision refers to sureties without specifying the number of persons, one is sufficient.

Immunity provisions

97.  (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.

PART VII
UNCONSOLIDATED ACTS AND REGULATIONS

Repeal of Unconsolidated Acts

Unconsolidated Acts

98.  (1)  The Acts listed in Column 1 of the Table to this section, which were left unconsolidated and unrepealed by the Revised Statutes of Ontario, 1990, continue to be unconsolidated and unrepealed in whole or in part to the extent provided in subsection (2).

Same

(2)  The sections, subsections or parts of the Acts that continue to be unconsolidated and unrepealed are listed in Column 3 of the Table to this section.

Same

(3)  Every Act listed in Schedule C (Table of Unconsolidated and Unrepealed Acts) to the Revised Statutes of Ontario, 1990, as set out in volume 12 of the Revised Statutes of Ontario, 1990, other than the Acts listed in Column 1 of the Table to this section, is repealed if it has not previously been repealed.

Same

(4)  The Chief Legislative Counsel may at any time cause an Act listed in the Table to this section to be consolidated and published on the e-Laws website as consolidated law.

TABLE OF UNCONSOLIDATED AND UNREPEALED ACTS
TABLE DES LOIS NON ABROGÉES ET NON CODIFIÉES

Column/Colonne 1

Column/Colonne 2

Column/Colonne 3

Column/Colonne 4

Name of Act

Titre de la loi

Citation

Citation

Part Remaining Unconsolidated and Unrepealed

Partie toujours non abrogée et non codifiée

Amendments

Modifications

Academy of Medicine, Toronto Act, 1946

1946, c. 1

Total/La totalité

 

An Act concerning Monopolies, and Dispensation with penal laws, etc.

R.S.O. 1897, c. 323

See/voir R.S.O. 1980, Appendix A

 

An Act for the settlement of questions between the Governments of Canada and Ontario respecting Indian Lands

1891, c. 3

Total/La totalité

 

An Act relating to the Avenues and Approaches to Queen’s Park, Toronto

1913, c. 75

Total/La totalité

 

An Act relating to the Municipality of Shuniah, and the tax imposed on lands in the District of Algoma

1875-76, c. 37

s. 1, 4, 6-9, 11-14  (in so far as not inconsistent with 1936, c. 83; sauf incompatibilité avec 1936, chap. 83)

 

An Act respecting a certain Agreement between the University of Toronto and the City of Toronto

1907, c. 54

Total/La totalité

 

An Act respecting Certain Rights and Liberties of the People

R.S.O. 1897, c. 322

See/voir R.S.O. 1980, Appendix A

 

An Act respecting Champerty

R.S.O. 1897, c. 327

See/voir R.S.O. 1980, Appendix A

 

An Act respecting Law Fees and Trust Funds

1869, c. 9

s. 3

 

An Act respecting Municipalities in Algoma, Muskoka, Parry Sound, Nipissing and Thunder Bay

1885, c. 41

s. 3

 

An Act respecting Real Property

R.S.O. 1897, c. 330

See/voir R.S.O. 1980, Appendix A

 

An Act respecting Rectories

R.S.O. 1897, c. 306

s. 2-4

 

An Act respecting the Boundary between the Provinces of Ontario and Manitoba

1899, c. 2

See/voir R.S.O. 1980, Appendix A

 

An Act respecting the District of Rainy River

1885, c. 20

s. 12

 

An Act respecting the Imperial Statutes relating to property and civil rights incorporated into the Statute Law of Ontario

1902, c. 13

Total/La totalité

 

An Act respecting the Municipality of Shuniah

1877, c. 31

s. 1-8 (in so far as not inconsistent with 1936, c. 83; sauf incompatibilité avec 1936, chap. 83)

 

An Act respecting The Ontario and Minnesota Power Company

1911, c. 7

Total/La totalité

 

An Act respecting the Operation of Statutes of Ontario

1874, c. 4

s. 2

 

An Act respecting the settlement by arbitration, of accounts between the Dominion of Canada and the Provinces of Ontario and Quebec, and between the said two provinces

1891, c. 2

Total/La totalité

 

An Act respecting the site of the new Legislative and Departmental Buildings

1894, c. 12

Total/La totalité

 

An Act respecting Tithes

R.S.O. 1897, c. 305

Total/La totalité

 

An Act to amend the Act respecting the settlement by Arbitration of Accounts between the Dominion of Canada and the Provinces of Ontario and Quebec and between the said two Provinces

1901, c. 5

Total/La totalité

 

An Act to apply the Municipal Law to certain Townships in the District of Nipissing

1877, c. 30

Total/La totalité

 

An Act to confirm the title of the Government of Canada to certain lands and Indian Lands

1915, c. 12

Total/La totalité

 

An Act to create The Provisional Judicial District of Fort Frances

1908, c. 36

s. 2, 16-25

1909, c. 26, s. 11

An Act to create the Provisional Judicial District of Sudbury

1907, c. 25

s. 2, 10, 22-24

1909, c. 26, s. 10

An Act to express the Consent of the Legislative Assembly of the Province of Ontario to an Extension of the Limits of the Province

1912, c. 3

Total/La totalité

 

An Act to incorporate the Town of Kapuskasing

1921, c. 36

Total/La totalité

 

An Act to incorporate the University Residence Trustees

1905, c. 35

Total/La totalité

 

An Act to make provision for payment of Law Fees in territorial and judicial districts by means of stamps and to amend the Act respecting Law Fees and Trust Funds

1871-72, c. 20

s. 3

 

An Act to organize the Municipality of Shuniah and to amend the Acts for establishing Municipal Institutions in unorganized districts

1873, c. 50

s. 1-3 (in so far as not inconsistent with 1936, c. 83; sauf incompatibilité avec 1936, chap. 83)

 

An Act to provide for Development of Water Power at Dog Lake

1908, c. 24

Total/La totalité

 

An Act validating a certain agreement between the University of Toronto and the Corporation of the City of Toronto

1889, c. 53

Total/La totalité

 

Anglican Church of Canada Act, 1979

1979, c. 46

Total/La totalité

 

Apprenticeship and Tradesmen’s Qualification Act

R.S.O. 1970, c. 24

s. 19 (1)

 

Architects Act

R.S.O. 1960, c. 20

s. 4, 6

 

Architects Act, 1984

1984, c. 12

s. 27 (4)

 

Assessment Amendment Act, 1954

1954, c. 3

s. 13

 

Boards of Trade General Arbitration Act

R.S.O. 1914, c. 66

Total/La totalité

 

Cemeteries Act, 1989

1989, c. 50

s. 88

 

Central Trust Company Act, 1983

1983, c. 64

Total/La totalité

 

Chartered Accountants Act, 1956

1956, c. 7

Total/La totalité

1998, c./chap. 2, s./art. 10; 2000, c./chap. 26, Sch./Ann. A, s./art. 3; 2000, c./chap. 42, Sch./Ann., s./art. 7-11

Chartered Shorthand Reporters Act

R.S.O. 1937, c. 234

Total/La totalité

 

City of Hamilton Act, 1970

1970, c. 78

Total/La totalité

 

City of Kingston Act, 1970

1970, c. 76

Total/La totalité

 

Conveyancing and Law of Property Amendment Act, 1956

1956, c. 10

s. 3

 

County of Middlesex Act, 1979

1979, c. 1

Total/La totalité

 

Crown Administration of Estates Act

R.S.O. 1970, c. 99

s. 5 (2)

 

Crown Trust Company Act, 1983

1983, c. 7

Total/La totalité

 

Debentures Guarantee Act, 1919

1919, c. 4

Total/La totalité

 

Don Valley Improvement Act, 1933

1933, c. 12

Total/La totalité

 

Education Amendment Act, 1986 (No. 1)

1986, c. 21

s. 4

 

English and Wabigoon River Systems Mercury Contamination Settlement Agreement Act, 1986

1986, c. 23

Total/La totalité

 

Environmental Protection Act, 1971

1971, c. 86

s. 27 (2, 3, 5)

 

Essex County French-language Secondary School Act, 1977

1977, c. 5

Total/La totalité

1986, c. 21, s. 4

Family Law Reform Act, 1978

1978, c. 2

s. 70 (4, 5)

 

Federal District Commission Act

R.S.O. 1950, c. 133

Total/La totalité

 

Greater Winnipeg Water District Act (Ontario), 1916

1916, c. 17

Total/La totalité

 

Health Department Amendment Act, 1925

1925, c. 68

s. 2

 

Income Tax Agreement Act, 1962-63

1962-63, c. 62

Total/La totalité

 

Income Tax Amendment Act, 1962-63

1962-63, c. 61

s. 8, 9

 

Indian Lands Act, 1924

1924, c. 15

Total/La totalité

 

Jack Miner Migratory Bird Foundation Act, 1936

1936, c. 36

Total/La totalité

 

Jurors Act

R.S.O. 1937, c. 108

s. 90

 

Lakehead University Act, 1965

1965, c. 54

Total/La totalité

 

Lake of the Woods Control Board Act, 1922

1922, c. 21

Total/La totalité

1958, c. 48

Lake Superior Board of Education Act, 1976

1976, c. 59

Total/La totalité

 

Land Titles Amendment Act, 1954

1954, c. 43

s. 2

 

Lieutenant-Governor’s Act

R.S.O. 1914, c. 12

s. 4

 

Manitoulin, Barrie and Cockburn Islands Land Act, 1990

1990, c. 27

Total/La totalité

 

Marriage Act, 1950

1950, c. 42

s. 51

 

Married Women’s Property Act

R.S.O. 1914, c. 149

s. 4 (4, 5), 6, 8, 11-15

 

Master and Fellows of Massey College Act, 1960-61

1960-61, c. 53

Total/La totalité

1974, c. 13

Mortmain and Charitable Uses Repeal Act, 1982

1982, c. 12

Total/La totalité

 

Mortgages Act

R.S.O. 1914, c. 112

s. 15

 

Mortgages Amendment Act, 1964

1964, c. 64

s. 8

 

Municipal Amendment Act, 1944

1944, c. 39

s. 37 (1)

 

Municipality of Metropolitan Toronto Amendment Act (No. 2), 1977

1977, c. 68

s. 2

 

Niagara Development Act, 1951

1951, c. 55

Total/La totalité

 

Niagara Development Agreement Act, 1951

1951, c. 56

Total/La totalité

 

North Georgian Bay Recreational Reserve Act, 1962-63

1962-63, c. 68

Total/La totalité

 

The North Pickering Development Corporation Act, 1974

1974, c. 124

Total/La totalité

1989, c. 71, s. 4

Ontario-Manitoba Boundary Line Act, 1953

1953, c. 76

Total/La totalité

1955, c. 56

Ontario Niagara Development Act

1916, c. 20

Total/La totalité

 

Ontario Niagara Development Act, 1917

1917, c. 21

Total/La totalité

 

Ontario School Trustees’ Council Act

R.S.O. 1980, c. 355

Total/La totalité

 

Ontario Transportation Development Corporation Act

R.S.O. 1980, c. 358

Total/La totalité

 

Osgoode Hall Law School Scholarships Act, 1968-69

1968-69, c. 90

Total/La totalité

1972, c. 70; 1973, c. 140

Ottawa River Water Powers Act, 1943

1943, c. 21

Total/La totalité

 

Petroleum Products Price Freeze Act, 1975

1975, c. 66

Total/La totalité

 

Planning Amendment Act, 1960

1960, c. 83

s. 5

 

Planning Amendment Act, 1971

1971, c. 2

s. 3 (2)

 

Planning Amendment Act, 1979

1979, c. 59

s. 2, 3

 

Power Commission Amendment Act, 1949

1949, c. 73

the part of subsection 4 (1) relating to subsection 17 (8)/la partie du paragraphe 4 (1) relative au paragraphe 17 (8), s. 6 (2)

 

Power Commission Amendment Act, 1973

1973, c. 57

the part of section 4 relating to subsection 2 (2)/la partie de l’article 4 relative au paragraphe 2 (2)

 

Powers of Attorney Act, 1979

1979, c. 107

s. 11 (2)

 

Proceedings Against the Crown Act

R.S.O. 1970, c. 365

s. 28, 29

 

Professional Engineers Act, 1984

1984, c. 13

s. 22

 

Public Lands Amendment Act, 1956

1956, c. 72

s. 9, 10

 

Public Lands Amendment Act, 1960

1960, c. 94

s. 5

 

Public Service Pension Act, 1989

1989, c. 73

Sch. 1, 2

 

Public Works Creditors Payment Repeal Act, 1975

1975, c. 45

s. 2 (2)

 

Railways Act

R.S.O. 1950, c. 331

Total/La totalité

1968, c. 113; 1979, c. 44; 1986, c. 64, s. 61; 2002, c./chap. 24, Sch./Ann. B, s./art. 25

Registry Act

R.S.O. 1897, c. 136

s. 117

 

Registry Act

R.S.O. 1960, c. 348

s. 3 (2)

 

Registry Amendment Act, 1954

1954, c. 83

s. 11

 

Regulations Revision Act, 1989/Loi de 1989 sur la refonte des règlements

1989, c./chap. 82

Total/La totalité

 

Religious Institutions Act

R.S.O. 1914, c. 286

s. 3-6

 

Religious Institutions Amendment Act, 1957

1957, c. 108

s. 2

 

Religious Organizations’ Lands Act, 1979

1979, c. 45

s. 29

 

Residential Tenancies Act

R.S.O. 1980, c. 452

s. 1-59, 62-69, 74, 111-113, 116, 119, 135 (1), 135 (3), 136, Sch.

 

Royal Conservatory of Music of Toronto Act, 1954

1954, c. 85

Total/La totalité

 

Ryerson University Act, 1977 (formerly Ryerson Polytechnical Institute Act, 1977)

1977, c. 47

Total/La totalité

1989, c. 13; 1993, c./chap. 1, s./art. 1-20; 2002, c./chap. 8, Sch./Ann. P, s./art. 5

Sandwich, Windsor and Amherstburg Railway Act, 1930

1930, c. 17

Total/La totalité

1932, c. 56; 1933, c. 59, s. 32 (2); 1939, c. 43, s. 1-7; 1968, c. 120; 1970, c. 68, s. 1, 2, 5-7

Sandwich, Windsor and Amherstburg Railway Act, 1939

1939, c. 43

s. 8, 9

1957, c. 109

Sandwich, Windsor and Amherstburg Railway Act, 1949

1949, c. 91

Total/La totalité

1960, c. 105

Sandwich, Windsor and Amherstburg Railway Act, 1970

1970, c. 68

s. 3, 4, 8-11

 

Sandwich, Windsor and Amherstburg Railway Act, 1977

1977, c. 57

Total/La totalité

 

Sault Ste. Marie Bridge Act, 1960

1960, c. 106

Total/La totalité

 

Seine River Diversion Act, 1952

1952, c. 98

Total/La totalité

 

Sheriffs Amendment Act, 1941

1941, c. 54

s. 2

 

Short Forms of Conveyances Act

R.S.O. 1980, c. 472

Total/La totalité

1984, c. 32, s. 23

Short Forms of Mortgages Act

R.S.O. 1980, c. 474

s. 1-5, Sch. A, B

1984, c. 32, s. 24

Small Business Development Corporations Amendment Act, 1980

1980, c. 21

s. 12 (2)

 

Soldiers’ Aid Commission Act

R.S.O. 1960, c. 377

Total/La totalité

1970, c. 83

Statute Law Amendment Act, 1903

1903, c. 7

s. 63

 

Statute Law Amendment Act, 1906

1906, c. 19

s. 34, 43

 

Statute Law Amendment Act, 1909

1909, c. 26

s. 19

 

Statute Law Amendment Act, 1917

1917, c. 27

s. 71

 

Statute Law Amendment Act, 1918

1918, c. 20

s. 59

 

Statute Law Amendment Act, 1928

1928, c. 21

s. 25

 

Statute Law Amendment Act, 1939

1939, c. 47

s. 36

 

Statute Law Amendment Act, 1941

1941, c. 55

s. 44

 

Statute of Uses

R.S.O. 1897, c. 331

See/voir R.S.O. 1980, Appendix A

 

Statutes Revision Act, 1989/Loi de 1989 sur la refonte des lois

1989, c./chap. 81

Total/La totalité

 

Steep Rock Iron Ore Development Act, 1949

1949, c. 97

Total/La totalité

 

St. Lawrence Development Act, 1952 (No. 2)

1952, c. 3

Total/La totalité

 

Succession Duty Act Supplementary Provisions Act, 1980

1980, c. 28

Total/La totalité

 

Succession Duty Amendment Act, 1961-62

1961-62, c. 133

s. 5

 

Succession Duty Repeal Act, 1979

1979, c. 20

s. 1

 

Succession Law Reform Act, 1977

1977, c. 40

s. 43 (2), 52, 62 (2), 87 (2), 89 (3)

 

Teachers’ Pension Act, 1989

1989, c. 92

Sch. 1, 2

 

Toronto District Heating Corporation Act, 1980

1980, c. 73

Total/La totalité

1998, c./chap. 15, Sch./Ann. C, s./art. 14

Toronto Power and Railway Purchase Act, 1921

1921, c. 23

Total/La totalité

 

Toronto Radial Railway Act, 1921

1921, c. 24

Total/La totalité

 

Township of Marathon Land Act, 1984

1984, c. 53

Total/La totalité

 

Unemployment Insurance Act, 1939

1939, c. 52

Total/La totalité

 

University Act, 1922

1922, c. 101

Total/La totalité

 

University Avenue Extension Act, 1928

1928, c. 17

Total/La totalité

1929, c. 23, s. 19; 1948, c. 95

University of Guelph Act, 1964

1964, c. 120

Total/La totalité

1965, c. 136; 1971, c. 56, s. 21

University of Ottawa Act, 1965

1965, c. 137

Total/La totalité

 

University of Toronto Act, 1971

1971, c. 56

Total/La totalité

1978, c. 88

Upper Canada College Act

R.S.O. 1937, c. 373

Total/La totalité

1958, c. 120

Urban Transportation Development Corporation Ltd. Act

R.S.O. 1980, c. 518

Total/La totalité

 

Wilfrid Laurier University Act, 1973

1973, c. 87

Total/La totalité

 

York University Act, 1965

1965, c. 143

Total/La totalité

 

Revocation of Unconsolidated Regulations

Unconsolidated regulations

99.  (1)  Every regulation listed in the Table to this section is revoked if it has not previously been revoked.

Same

(2)  The Table to this section comprises a portion of the regulations listed in the Schedule to the Revised Regulations of Ontario, 1990, which is set out in volume 9 of the Revised Regulations of Ontario, 1990 and lists the regulations that were left unrevoked and unconsolidated by the Revised Regulations of Ontario, 1990.

Same

(3)  The Chief Legislative Counsel may at any time cause a regulation that is unrevoked and unconsolidated to be consolidated and published on the e-Laws website as consolidated law.

TABLE OF UNCONSOLIDATED REGULATIONS TO BE REVOKED
TABLE DES RÈGLEMENTS NON CODIFIÉS À ABROGER

Act under which Regulation Made
Loi en application de laquelle le règlement est pris

Title of Regulation
Titre du règlement

Regulation Number
Numéro du règlement

Agricultural Societies Act

General

130/88

Assessment Act

Equalization of Assessment

82/79

 

Equalization of Assessment

133/79

 

Equalization of Assessment

19/80

Canadian Insurance Exchange Act, 1986

General

751/86

Consolidated Hearings Act, 1981

Pits and Quarries Control Act

173/89

County Courts Act

Sittings of the County and District Courts

1125/80

 

Summary Conviction Appeal Rules

801/77

Education Act

Apportionment, 1978 Requisitions

63/78

 

Apportionment, 1979 Requisitions

109/79

 

Apportionment, 1980 Requisitions

230/80

 

Apportionment, 1987 Requisitions

99/87

 

Apportionment, 1988 Requisitions

162/88

 

Apportionment, 1989 Requisitions

156/89

 

Apportionment, 1990 Requisitions

143/90

 

Assessment and Tax Adjustments

724/89

 

Payment Transfer Between Coterminous Boards — 1990

144/90

Environmental Assessment Act

City of Toronto — TOR-2

256/81

 

City of Toronto and the City of Toronto Non-Profit Housing Corporation — TOR-1

126/81

 

City of Toronto and the City of Toronto Non-Profit Housing Corporation — TOR-3

434/81

 

Compliance Order — Ministry of Natural Resources — MNR-C-1

3/90

 

The Corporation of the City of Mississauga — MISS-C-1

32/84

 

The Corporation of the City of Owen Sound — OWEN-C-1

680/82

 

The Corporation of the City of Toronto — TOR-C-4

446/88

 

The Corporation of the County of Essex — ESSE-CT-2

119/88

 

The Corporation of the Improvement District of Dubreuilville — DUBR-1D-2

653/83

 

The Corporation of The Regional Municipality of Waterloo — WATE-RG-2

243/90

 

The Corporation of the Town of Grimsby — GRIM-T-1/1

598/89

 

The Corporation of the Town of Kapuskasing — MUN-TWN-KAP-1

367/83

 

The Corporation of the Town of Kenora — KENO-T-1

270/90

 

The Corporation of the Town of Kirkland Lake, Community of Swastika — KIRK-T-1

601/84

 

The Corporation of the Town of Smooth Rock Falls — MSRF-1

1001/80

 

The Corporation of the Town of Port Hope — PHOP-T-1

788/81

 

The Corporation of the Township of Dysart et al — DYSA-TWP-1

494/86

 

The Corporation of the Township of Syndenham — SYDE-TP-1

600/84

 

The Corporation of the Township of Tiny — TINY-TP-1

599/84

 

County of Oxford — OXFO-CT-1

410/82

 

County of Oxford — OXFO-CT-2

443/84

 

Credit Valley Conservation Authority — CDV-01

484/83

 

Credit Valley Conservation Authority — CDV-02

324/84

 

Essex Region Conservation Authority — ESR-01

115/85

 

Ganaraska Region Conservation Authority and The Corporation of the Town of Port Hope — PHOP-2

483/83

 

Handling of Dangerous Goods at Morton Terminal

244/90

 

Highway No. 404

352/81

 

La Cité collégiale — PR-CC-04

312/90

 

Laidlaw Waste Systems — Storrington Township — LAL-ST-01

702/90

 

Malvern Waste

710/83

 

The Metropolitan Toronto Housing Company Limited — METR-M-1

50/82

 

Ministry of Citizenship and Culture — MCC-1

279/82

 

Ministry of Natural Resources — MNR-19/2

342/80

 

Ministry of Natural Resources — MNR-35/2

10/83

 

Ministry of Natural Resources — MNR-28/2

654/83

 

Ministry of Natural Resources — MNR-29/2

656/83

 

Ministry of Natural Resources — MNR-54

597/89

 

Ministry of Northern Affairs — MNA-3

608/80

 

Ministry of Northern Development and Mines and Ministry of Natural Resources — MNDM/MNR-1

15/87

 

Ministry of the Environment — MOE-20

558/80

 

Ministry of the Environment — MOE-21

659/81

 

Ministry of the Environment — MOE-22

762/81

 

Ministry of the Environment — MOE-23

880/81

 

Ministry of the Environment — MOE-26

664/83

 

Ministry of the Environment — MOE-28

358/85

 

Ministry of the Environment — MOE-34

497/88

 

Ministry of the Environment — MOE-35

547/88

 

Ministry of the Environment — MOE-38

475/89

 

Ministry of the Environment — MOE-39

627/89

 

Ministry of the Environment — MOE-40

668/89

 

Ministry of the Environment — MOE-42

102/90

 

Ministry of Transportation — MTC-21/2

755/80

 

Ministry of Transportation — MTC-31

776/80

 

Ministry of Transportation — MTC-30

777/80

 

Ministry of Transportation — MTC-41

657/81

 

Ministry of Transportation — MTC-45

735/81

 

Ministry of Transportation — MTC-46

737/81

 

Ministry of Transportation — MTC-48

739/81

 

Ministry of Transportation — MTC-56

148/87

 

Ministry of Transportation — MTC-56

311/90

 

Ministry of Transportation — MTC-58

407/90

 

Municipalities of Ontario — MUNI-1

300/84

 

Municipalities of Ontario — MUNI-1/2

333/86

 

Municipality of Metropolitan Toronto — MERO-1

881/81

 

Municipality of Metropolitan Toronto — MERO-1/2

215/83

 

Municipality of Metropolitan Toronto — METRO-M-2

578/87

 

Municipality of Metropolitan Toronto — METR-M-3

613/87

 

Ontario Development Corporation — ODC-1

518/80

 

Ontario Energy Corporation — OEC-1

778/80

 

Ontario Energy Corporation — OEC-2

779/80

 

Ontario Energy Corporation — OEC-3

859/80

 

Ontario Energy Corporation — OEC-4

1031/80

 

Ontario Energy Corporation — OEC-2/2

656/81

 

Ontario Hydro — OH-34

392/89

 

Ontario Hydro — OH-13/3

409/89

 

Ontario Northland Transportation Commission — MNA-5

106/82

 

Ontario Northland Transportation Commission — MNA-6

107/82

 

Ontario Northland Transportation Commission — MNA-7

54/83

 

Reclamation Systems Inc.

17/89

 

The Regional Municipality of Haldimand-Norfolk — RMHN-1

432/86

 

The Regional Municipality of Halton — HALT-RG-01

240/84

 

The Regional Municipality of Ottawa-Carleton — RMOC-RG-1

194/87

 

The Regional Municipality of Waterloo and The Corporation of the City of Cambridge — WATE-RG-1

387/86

 

St. Clair College of Applied Arts and Technology — MCU-2

19/81

 

Toronto Area Transit Operating Authority — MTC-49

532/82

 

Toronto Area Transit Operating Authority — MTC-57

337/90

 

Town of Ingersoll, Township of South-West Oxford — ING-1

762/86

 

Township of Huron — HUR-1

407/81

 

Township of Owens, Williamson and Idington — OWEN-TP-1

365/83

 

TSI Trintek Systems Inc.

710/87

 

Urban Transportation Development Corporation Ltd. Metro Canada Limited — UTDC-2

405/81

 

Victoria Hospital Corporation — VHC-1

74/88

 

Waterloo North Hydro — WATE-C-1

23/90

Environmental Protection Act

Algoma Sinter Operation — 1986/94

663/85

 

Designation of Waste — Locality of Dowling

362/80

Executive Council Act

Assignment of Powers and Duties — Minister of Citizenship and Culture

134/82

 

Assignment of Powers and Duties — Minister of Community and Social Services

660/83

 

Assignment of Powers and Duties — Minister of Health

671/83

 

Assignment of Powers and Duties — Minister of Industry and Trade Development

135/82

 

Assignment of Powers and Duties — Minister of Industry, Trade and Technology

388/85

 

Assignment of Powers and Duties — Minister of Intergovernmental Affairs

400/82

 

Assignment of Powers and Duties — Minister of Municipal Affairs

375/85

 

Assignment of Powers and Duties — Minister of Tourism and Recreation

136/82

 

Assignment or Transfer of Administration of Acts — Athletics Control Act to the Minister of Consumer and Commercial Relations

258/79

 

Assignment or Transfer of Administration of Acts — Ministry of Government Services Act — approving authority for expropriations on request of Ontario Hydro shall be the Minister of Energy

924/75

 

Assignment or Transfer of Administration of Acts — Ontario Northland Transportation Commission to the Minister of Northern Affairs

627/77

 

Assignment or Transfer of Administration of Acts — Pounds Act to the Minister of Agriculture and Food

55/76

 

Assignment or Transfer of Administration of Acts — Power Corporation Act (Subsection 5 (4) of the Expropriations Act) to the Minister of Energy

504/75

 

Assignment or Transfer of Administration of Acts — School Boards and Teachers Collective Negotiations Act to the Minister of Education

56/76

 

Transfer of Administration — Administration and Control of the Council (Conseil des Affaires Franco-Ontariennes) transferred to the Minister of Intergovernmental Affairs

620/81

 

Transfer of Administration of Act — Administration of sections 161 and 162 of the Mining Act transferred to the Minister of Natural Resources

57/81

 

Transfer of Administration of Act — Apprenticeship and Tradesmen’s Qualification Act transferred to Minister of Skills Development

170/85

 

Transfer of Administration of Act — Metropolitan Police Force Complaints Project Act, 1981 transferred from Solicitor General to Attorney General

133/82

 

Transfer of Administration of Act — Mining Act (part)

505/85

 

Transfer of Administration of Act — Mining Tax Act

418/86

 

Transfer of Administration of Act — Municipal Conflict of Interest Act transferred from Attorney General to Ministry of Intergovernmental Affairs

150/81

 

Transfer of Administration of Act — Niagara Escarpment Planning and Development Act transferred to Minister of Municipal Affairs

422/85

 

Transfer of Administration of Act — Niagara Escarpment Planning and Development Act transferred to Minister of the Environment

408/90

 

Transfer of Administration of Act — Parks Assistance Act transferred to Minister of Tourism and Recreation

579/88

 

Transfer of Administration of Act — Partnerships Act transferred from Attorney General to Minister of Consumer and Commercial Relations

56/81

 

Transfer of Administration of Act — Public Service Superannuation Act

616/85

 

Transfer of Administration of Acts — Building Code Act and part of Ontario Water Resources Act transferred from Minister of Consumer and Commercial Relations to Minister of Municipal Affairs and Housing

82/83

 

Transfer of Administration of Acts — Minister of Citizenship

565/87

 

Transfer of Administration of Acts — Minister of Consumer and Commercial Relations

181/87

 

Transfer of Administration of Acts — Minister of Culture and Communications

563/87

 

Transfer of Administration of Acts — Minister of Culture and Communications

564/87

 

Transfer of Administration of Acts — Minister of Education

202/87

 

Transfer of Administration of Acts — Minister of Financial Institutions

417/86

 

Transfer of Administration of Acts — Minister of Government Services

166/87

 

Transfer of Administration of Acts — Minister of Housing

374/85

 

Transfer of Administration of Acts — Minister of Municipal Affairs

536/87

 

Transfer of Administration of Acts — Minister of Northern Development and Minister of Mines

571/87

 

Transfer of Administration of Program — Ministry of Skills Development

572/87

 

Transfer of Administration of Acts — Minister of Transportation

566/87

 

Transfer of Administration of Acts — Residential Tenancies Act and Residential Complexes Financing Costs Restraint Act, 1982 transferred to Minister of Municipal Affairs and Housing

264/85

Farm Income Stabilization Act

Apple Stabilization, 1983-1987 — Plan

431/83

 

Corn Stabilization Plan, 1978-1980

508/78

 

Enrolment in Plans and Transfer of Credits

292/81

 

Fresh Market Potato Stabilization, 1989-92 — Plan

585/86

 

Grain Stabilization, 1985-1988 — Plan

509/85

 

Soybean Stabilization, 1982-1984 — Plan

672/82

 

Soybean Stabilization, 1978-1980 — Plan

509/78

 

White Bean Stabilization Plan, 1978-80

510/78

Farm Products Marketing Act

Onions — Dissolution of Local Board

306/79

 

Onions — Marketing

R.R.O. 1970, Reg. 331

 

Onions — Plan

R.R.O. 1970, Reg. 330

 

Rutabagas — Dissolution of Local Board

650/84

 

Sugar Beets — Dissolution of Local Board

474/82

 

Sugar Beets — Marketing

R.R.O. 1970, Reg. 337

 

Sugar Beets — Plan

R.R.O. 1970, Reg. 336

General Sessions Act

Sittings of Courts of General Sessions of the Peace

1125/80

Gift Tax Act, 1972, c. 12

Charitable Organizations

523/74

 

Delegation of Authority

590/77

 

Forms

96/78

 

General

54/73

 

Rate of Interest

799/75

Highway Traffic Act

Gross Weight on the Kaministikwia River Bridge

524/83

IDEA Corporation Act, 1981

Termination of IDEA Corporation

203/86

Income Tax Act

Ontario Tax Credit System

49/78

 

Ontario Tax Credit System

39/79

 

Ontario Tax Credit System

64/80

 

Taxable Income – Amount Prescribed

50/78

 

Taxable Income – Amount Prescribed

48/79

 

Taxable Income – Amount Prescribed

65/80

Land Speculation Tax Act, 1974, c. 17

Delegation of Authority by Minister

191/75

 

Forms

707/74

 

Rates of Interest

331/75

Land Transfer Tax Act

Conditional Exemption — 380613 Ontario Limited

502/78

 

Exemption — For Certain Final Orders of Foreclosure and for Inter-corporate Transfers of Land

R.R.O. 1980, Reg. 559

 

Exemption — S. S. Kresge Company Limited and Francesco

1021/75

 

Exemption — Trefann Homes Corporation

142/77

Metropolitan Toronto Police Force Complaints Act, 1984

General

495/85

Mining Act

Lands Open for Prospecting, Staking Out or Leasing

515/71

Ministry of Health Act

Grant — Special

R.R.O. 1980, Reg. 657

 

Special Grant

R.R.O. 1980, Reg. 659

 

Special Grant

R.R.O. 1980, Reg. 660

Ministry of Natural Resources Act

Assignment of Powers and Duties of Minister — Mining and Lands Commissioner to Hear and Determine the appeal of: B. Bisaro against The South Lake Simcoe Conservation Authority; Frank Morriello against The South Lake Simcoe Conservation Authority; Sugarbush Holdings Limited against The Grand River Conservation Authority

448/81

 

Assignment of Powers and Duties of Minister — Mining and Lands Commissioner to Hear and Determine the appeal of: Donald J. Rashotte against The Moira River Conservation Authority; Tadeusz Trynda against The Rideau Valley Conservation Authority; Amadale Company Limited against The South Lake Simcoe Conservation Authority; Reg Prince against The South Lake Simcoe Conservation Authority

622/81

 

Assignment of Powers and Duties of Minister — Mining and Lands Commissioner to Hear and Determine the appeal of: Edith and Rita Martin against The Rideau Valley Conservation Authority; W. Takahashi against The Metropolitan Toronto and Region Conservation Authority

368/81

 

Assignment of Powers and Duties of Minister — Mining and Lands Commissioner to Hear and Determine the appeal of: Frank Moreano against The South Lake Simcoe Conservation Authority

4/82

 

Assignment of Powers and Duties of Minister — Mining and Lands Commissioner to Hear and Determine the appeal of: George W. Aregers against The Metropolitan Toronto and Region Conservation Authority

695/81

 

Assignment of Powers and Duties of Minister — Mining and Lands Commissioner to Hear and Determine the appeal of: Graham Double against The South Lake Simcoe Conservation Authority

204/82

 

Assignment of Powers and Duties of Minister — Mining and Lands Commissioner to Hear and Determine the appeal of: Harold and Jacqueline Zavitz against the Upper Thames River Conservation Authority; Hans Snippe against The Rideau Valley Conservation Authority; Lionel Edwards against The Otonabee Region Conservation Authority

744/81

 

Assignment of Powers and Duties of Minister — Mining and Lands Commissioner to Hear and Determine the appeal of Margaret Lonsdale against the Otonabee Region Conservation Authority

24/81

 

Assignment of Powers and Duties of Minister — Mining and Lands Commissioner to Hear and Determine the appeal of: Michael Hosinec against The Credit Valley Conservation Authority; Leon G. Laroche against The Rideau Valley Conservation Authority

609/81

 

Assignment of Powers and Duties of Minister — Mining and Lands Commissioner to Hear and Determine the appeal of: Mr. E. Bauman against The Grand River Conservation Authority; Edith and Rita Martin against The Rideau Valley Conservation Authority

389/81

 

Assignment of Powers and Duties of Minister — Mining and Lands Commissioner to Hear and Determine the appeal of: Mr. Milton A. Chomyn against The South Lake Simcoe Conservation Authority; Mr. A. Evans against The Lakehead Region Conservation Authority; Mr. Guy E. Muschett against The Credit Valley Conservation Authority; Mr. Roger Ross against The Metropolitan Toronto and Region Conservation Authority

114/81

 

Assignment of Powers and Duties of Minister — Mining and Lands Commissioner to Hear and Determine the appeal of: Polish Army Veterans Association against Metropolitan Toronto and Region Conservation Authority

128/82

 

Assignment of Powers and Duties of Minister — Mining and Lands Commissioner to Hear and Determine the appeal of: Steven Ruddy against The Halton Region Conservation Authority; Michele Recchia against The Halton Region Conservation Authority

129/82

 

Assignment of Powers and Duties of Minister — (to the Mining and Lands Commissioner to hear and determine appeals against decisions of certain conservation authorities)

100/80

Ministry of the Environment Act

Assignment of Administration of Consolidated Hearings Act, 1981 to the Minister of the Environment

511/81

 

Assignment of Administration of Ontario Waste Management Corporation Act, 1981 to the Minister of the Environment

510/81

Ontario Energy Board Act

Uniform System of Accounts for Gas Utilities Class A

R.R.O. 1980, Reg. 702

Ontario Universities Capital Aid Corporation Act

Designated Universities

R.R.O. 1980, Reg. 735

Ontario Water Resources Act

Honda Sewage Works

332/85

 

St. Thomas Aquinas School Sewage Works

531/85

Ottawa-Carleton French-Language School Board Act, 1988/Loi de 1988 sur le Conseil scolaire de langue française d’Ottawa-Carleton

Order Under Subsection 36 (2)/Arrêté pris en vertu du paragraphe 36 (2)

514/88

 

Order Under Subsection 36 (3)/Arrêté pris en vertu du paragraphe 36 (3)

515/88

 

Proportions of Assessment — 1990

723/89

Provincial Offences Act

Approval of Part II By-laws

429/87

 

Approval of Part II By-laws

475/87

 

Approval of Part II By-laws

568/87

 

Approval of Part II By-laws

697/87

 

Approval of Part II By-laws

698/87

 

Approval of Part II By-laws

94/88

 

Approval of Part II By-laws

347/88

 

Approval of Part II By-laws

435/88

 

Approval of Part II By-laws

500/88

 

Approval of Part II By-laws

534/88

 

Approval of Part II By-laws

647/88

 

Approval of Part II By-laws

705/88

 

Approval of Part II By-laws

739/88

 

Approval of Part II By-laws

51/89

 

Approval of Part II By-laws

93/89

 

Approval of Part II By-laws

214/89

 

Approval of Part II By-laws

241/89

Public Hospitals Act

Special Grant — Hawkesbury and District General Hospital

43/81

 

Special Grant — James Bay General Hospital

793/80

 

Special Grant — James Bay General Hospital

445/83

 

Special Grant — Salvation Army Grace Hospital

574/80

 

Special Grant — Timiskaming Hospital Board

457/79

Public Service Superannuation Act

Designations — Re Subsection 29 (2) of the Act

490/88

 

Designations under Section 31 of the Act

R.R.O. 1980, Reg. 882

 

Salary

248/85

 

Supplementary Benefit — Ontario Provincial Police Force Early Retirement

38/85

 

Supplementary Benefit for Retiring Employees

223/87

Retail Sales Tax Act

Tax Rebates for New Light Trucks or Vans

1010/80

Superannuation Adjustment Benefits Act

Chairman of Management Board of Cabinet designated as Minister to Administer Act

131/76

 

Retirement Pension Plan of Ryerson Polytechnical Institute

R.R.O. 1980, Reg. 923

 

Teachers’ Superannuation Fund

R.R.O. 1980, Reg. 924

Resolution of Uncertainty or Transition

Resolution of uncertainty or transition

100.  (1)  The Lieutenant Governor in Council may make regulations in respect of an Act repealed by section 98 or a regulation revoked by section 99,

(a) to resolve any uncertainty in respect of,

(i) any right, privilege, obligation or liability related to the Act or regulation, or

(ii) the effect of the repeal of the Act or the revocation of the regulation;

(b) to resolve any transitional matters that may arise in relation to the repeal or revocation.

Same

(2)  For greater certainty, a regulation under subsection (1) may address any uncertainty or transitional matter that arises before the day the regulation is filed.

PART VIII
AMENDMENTS AND REPEALS

Age of Majority and Accountability Act

101.  Section 5 of the Age of Majority and Accountability Act is repealed and the following substituted:

Age

5.  (1)  A person attains an age specified as a number of years at the first instant of the corresponding anniversary of his or her birth.

Exceptions in documents

(2)  Subsection (1) does not apply in respect of a document that provides for a different method of calculating a person’s age.

Agricultural and Horticultural Organizations Act

102.  Section 9 of the Agricultural and Horticultural Organizations Act is amended by adding the following subsection:

Legislation Act, 2006

(2)  A by-law made under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

Art Gallery of Ontario Act

103.  Section 8 of the Art Gallery of Ontario Act is amended by striking out “section 27 of the Interpretation Act” and substituting “section 92 of Part VI (Interpretation) of the Legislation Act, 2006”.

Building Code Act, 1992

104.  (1)  The definition of “change certificate” in subsection 1 (1) of the Building Code Act, 1992 is amended by adding “or approved by the Minister” after “prescribed under the building code”.

(2)  The definition of “final certificate” in subsection 1 (1) of the Act is amended by adding “or approved by the Minister” after “prescribed under the building code”.

(3)  The definition of “plans review certificate” in subsection 1 (1) of the Act is amended by adding “or approved by the Minister” after “prescribed under the building code”.

(4)  Subsection 7 (9) of the Act is amended by adding at the end “or approved by the Minister”.

(5)  Subsection 8 (1.1) of the Act is amended by adding “or the form approved by the Minister” after “prescribed form”.

(6)  Subsection 12 (4) of the Act is amended by adding “or the form approved by the Minister” after “prescribed form”.

(7)  Subsection 13 (1.1) of the Act is amended by adding “or the form approved by the Minister” after “prescribed form”.

(8)  Subsection 14 (1.1) of the Act is amended by adding “or the form approved by the Minister” after “prescribed form”.

(9)  Subsection 15.18 (3) of the Act is amended by adding at the end “or the form approved by the Minister”.

(10)  Subsection 18 (6) of the Act is amended by adding “or the form approved by the Minister” after “prescribed form”.

Conservation Authorities Act

105.  Section 30 of the Conservation Authorities Act is amended by adding the following subsection:

Legislation Act, 2006

(3)  Part III (Regulations) of the Legislation Act, 2006 does not apply to regulations made under this section.

Courts of Justice Act

106.  Section 1 of the Courts of Justice Act is amended by adding the following subsection:

Application to other Acts

(2)  This section applies to all other Acts affecting or relating to the courts and the administration of justice.

Education Act

107.  (1)  Subsection 171 (4) of the Education Act is repealed and the following substituted:

Same

(4)  For the purposes of subsections (2) and (3), a working day is a day other than Saturday or a holiday as defined in Part VI (Interpretation) of the Legislation Act, 2006.

(2)  Subsection 287.6 (3) of the Act is amended by striking out “The Regulations Act” at the beginning and substituting “Part III (Regulations) of the Legislation Act, 2006”.

Election Act

108.  Clause 9 (b) of the Election Act is amended by striking out “the Interpretation Act” and substituting “Part VI (Interpretation) of the Legislation Act, 2006”.

Environmental Bill of Rights, 1993

109.  Clause 1 (6) (c) of the Environmental Bill of Rights, 1993 is amended by striking out “the Regulations Act or, if that Act does not apply” and substituting “Part III (Regulations) of the Legislation Act, 2006 or, if that Part does not apply”.

Evidence Act

110.  Sections 24.1 and 24.2 of the Evidence Act are repealed.

Executive Council Act

111.  (1)  Subsection 5 (1) of the Executive Council Act is amended by striking out “Despite the Legislative Assembly Act” at the beginning.

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

Execution of contracts with Crown

6.  No deed or contract in respect of any matter under the control or direction of a minister is binding on Her Majesty or shall be deemed to be the act of the minister unless it is,

(a) signed by the minister, the deputy minister of the ministry or an authorized delegate; or

(b) approved by the Lieutenant Governor in Council.

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

Assignment and transfer of ministers’ powers, etc.

8.  (1)  Despite any other Act, the authority of the Lieutenant Governor under this Act to prescribe duties of a minister of the Crown or to assign and transfer powers and duties that have been assigned by law to a minister of the Crown to any other minister includes authority, by order in council, to,

(a) assign responsibility for the administration of an Act or a part of an Act to a minister of the Crown;

(b) transfer responsibility for the administration of an Act or a part of an Act from a minister of the Crown to another minister of the Crown;

(c) assign a power, duty, function or responsibility of a minister of the Crown under an Act to a minister of the Crown;

(d) transfer a power, duty, function or responsibility of a minister of the Crown under an Act to another minister of the Crown;

(e) direct that two or more ministers share responsibility for the administration of an Act or a part of an Act;

(f) specify how the ministers are to share responsibility for the administration of an Act or a part of an Act;

(g) direct that two or more ministers share a power, duty, function or responsibility under an Act; and

(h) specify how the ministers are to share a power, duty, function or responsibility under an Act.

Shared responsibilities

(2)  Where the Lieutenant Governor, by order in council under this Act, directs that two or more ministers share responsibility for the administration of an Act or part of an Act without specifying how the responsibility is to be shared, each minister shall exercise those aspects of the responsibility that most closely relate to the minister’s other responsibilities.

Same

(3)  Where the Lieutenant Governor, by order in council under this Act, directs that two or more ministers share a power, duty, function or responsibility under any Act without specifying how it is to be shared, each minister shall exercise or fulfil those aspects of the power, duty, function or responsibility that most closely relate to the minister’s other responsibilities.

Effect of orders in council

9.  (1)  Where a provision of an Act or regulation is affected by an order in council made under this Act, the provision shall be read in a manner that accords with the order in council.

Regulations

(2)  The Lieutenant Governor in Council may, without making other substantive changes, make a regulation amending a reference to a minister or ministry in an Act or regulation to align the Act or regulation with an order in council made under this Act.

Ministries and public servants

10.  Sections 8 and 9 apply, with necessary modifications, to ministries over which a minister of the Crown presides and to the public servants under the jurisdiction of a minister of the Crown.

Transition

11.  Sections 8 to 10 apply, with necessary modifications, to orders in council made under this Act before the day on which the Access to Justice Act, 2006 receives Royal Assent.

Funeral, Burial and Cremation Services Act, 2002

112.  Subsection 108 (2) of the Funeral, Burial and Cremation Services Act, 2002 is amended by striking out “the Regulations Act” at the end and substituting “Part III (Regulations) of the Legislation Act, 2006”.

George R. Gardiner Museum of Ceramic Art Act

113.  Section 8 of the George R. Gardiner Museum of Ceramic Art Act is amended by striking out “section 27 of the Interpretation Act” and substituting “section 92 of Part VI (Interpretation) of the Legislation Act, 2006”.

Highway 407 East Completion Act, 2001

114.  (1)  Subsection 10 (6) of the Highway 407 East Completion Act, 2001 is amended by striking out “the Regulations Act” at the end and substituting “Part III (Regulations) of the Legislation Act, 2006”.

(2)  Subsection 29 (8) of the Act is amended by striking out “the Regulations Act” at the end and substituting “Part III (Regulations) of the Legislation Act, 2006”.

Highway Traffic Act

115.  Subsection 128 (9) of the Highway Traffic Act is amended by striking out “the Regulations Act” at the end and substituting “Part III (Regulations) of the Legislation Act, 2006”.

Land Titles Act

116.  Subsection 18 (2) of the Land Titles Act is repealed and the following substituted:

Extension of time

(2)  For the purposes of subsection 89 (2) of Part VI (Interpretation) of the Legislation Act, 2006, a day described in clause (1) (a), (b), (c) or (d) is a day when the land registry office is not open during its regular hours of business.

Law Society Act

117.  Subsection 56 (1) of the Law Society Act is amended by striking out “section 27 of the Interpretation Act” in the portion before clause (a), and substituting “section 92 of Part VI (Interpretation) of the Legislation Act, 2006”.

Lobbyists Registration Act, 1998

118.  Subclause (a) (iii) of the definition of “lobby” in subsection 1 (1) of the Lobbyists Registration Act, 1998 is amended by striking out “section 1 of the Regulations Act” at the end and substituting “Part III (Regulations) of the Legislation Act, 2006”.

Motor Vehicle Dealers Act, 2002

119.  Subsection 38 (3) of the Motor Vehicle Dealers Act, 2002 is amended by striking out “the Regulations Act” at the end and substituting “Part III (Regulations) of the Legislation Act, 2006”.

Municipal Act, 2001

120.  (1)  Section 108 of the Municipal Act, 2001 is amended by adding the following subsection:

Legislation Act, 2006

(12)  Part III (Regulations) of the Legislation Act, 2006 does not apply to matters approved under subsection (2) or (3).

(2)  Section 177 of the Act is amended by adding the following subsection:

Legislation Act, 2006

(2)  Part III (Regulations) of the Legislation Act, 2006 does not apply to procedures established by the Minister under subsection (1).

(3)  Section 232 of the Act is amended by adding the following subsection:

Legislation Act, 2006

(2.1)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a form established by the Minister under subsection (1).

(4)  Section 266 of the Act is amended by adding the following subsection:

Not regulation

(4)  An order of the Minister under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

(5)  Section 278 of the Act is amended by adding the following subsection:

Not regulation

(2)  A designation by the Minister under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

(6)  Section 289 of the Act is amended by adding the following subsection:

Legislation Act, 2006

(6)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a requirement of the Minister under clause (2) (a).

(7)  Section 290 of the Act is amended by adding the following subsection:

Legislation Act, 2006

(5)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a requirement of the Minister under clause (2) (a).

(8)  Section 294 of the Act is amended by adding the following subsection:

Not regulation

(4)  A designation by the Minister under subsection (1) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

(9)  Section 296 of the Act is amended by adding the following subsection:

Not regulation

(2.1)  A designation by the Minister under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

(10)  Section 299 of the Act is amended by adding the following subsection:

Not regulation

(7)  A designation by the Minister under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

(11)  Section 300 of the Act is amended by adding the following subsection:

Not regulation

(3)  A designation by the Minister under subsection (2) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

(12)  Section 303 of the Act is amended by adding the following subsection:

Not regulation

(5)  An order made under subsection (2) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

(13)  Section 323 of the Act is amended by adding the following subsection:

Not regulation

(9.1)  A direction by the Minister under subsection (7) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

(14)  Section 474.18 of the Act is amended by adding the following subsection:

Legislation Act, 2006

(5)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a matter approved under subsection (4).

Municipal Affairs Act

121.  The Municipal Affairs Act is amended by adding the following section:

Legislation Act, 2006

2.  Part III (Regulations) of the Legislation Act, 2006 does not apply to anything done by the Minister or the Ministry under this Act.

Oak Ridges Moraine Conservation Act, 2001

122.  Subsection 9 (1) of the Oak Ridges Moraine Conservation Act, 2001 is amended by striking out “is filed” and substituting “was filed”.

Ontario College of Teachers Act, 1996

123.  Section 58 of the Ontario College of Teachers Act, 1996 is amended by adding the following subsection:

Legislation Act, 2006

(4)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a regulation made under subsection (2).

Proceedings Against the Crown Act

124.  Subsection 5 (1) of the Proceedings Against the Crown Act is amended by striking out “section 11 of the Interpretation Act” in the portion before clause (a), and substituting “section 71 of Part VI (Interpretation) of the Legislation Act, 2006”.

Public Accounting Act, 2004

125.  Subsection 19 (7) of the Public Accounting Act, 2004 is deemed to have been repealed on November 1, 2005.

Public Hospitals Act

126.  Section 12 of the Public Hospitals Act is amended by adding the following subsection:

Not a regulation

(12)  A by-law approved under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

Public Service Act

127.  Section 29 of the Public Service Act is amended by adding the following subsection:

Legislation Act, 2006

(1.1)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a regulation made under clause (1) (b).

Public Transportation and Highway Improvement Act

128.  (1)  Section 7 of the Public Transportation and Highway Improvement Act is amended by adding the following subsection:

Designation not regulation

(3)  A designation under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

(2)  Section 20 of the Act is amended by adding the following subsection:

Designation not regulation

(3)  A designation by the Lieutenant Governor in Council under subsection (1) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

(3)  Section 21 of the Act is amended by adding the following subsection:

Designation not regulation

(3)  A designation by the Minister under subsection (1) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

(4)  Subsection 24 (5) of the Act is amended by striking out “within the meaning of the Regulations Act” at the end and substituting “as defined in Part III (Regulations) of the Legislation Act, 2006 or in a predecessor of that Part”.

(5)  Section 29 of the Act is amended by adding the following subsection:

Direction not regulation

(8)  A direction made by the Lieutenant Governor in Council or Minister under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

(6)  Section 34 of the Act is amended by adding the following subsection:

Order not regulation

(5.1)  An order made by the Minister under subsection (5) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

(7)  Section 38 of the Act is amended by adding the following subsection:

Order not regulation

(4.1)  An order made by the Minister under subsection (4) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

(8)  Section 40 of the Act is amended by adding the following subsection:

Designation not regulation

(2)  A designation under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

(9)  Section 41 of the Act is amended by adding the following subsection:

Designation not regulation

(6)  A designation under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

(10)  Section 42 of the Act is amended by adding the following subsection:

Designation not regulation

(3)  A designation under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

(11)  Section 43 of the Act is amended by adding the following subsection:

Designation not regulation

(4)  A designation under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

(12)  Section 91 of the Act is amended by adding the following subsection:

Designation not regulation

(3)  A designation by the Minister under subsection (1) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

Real Estate and Business Brokers Act, 2002

129.  Subsection 46 (3) of the Real Estate and Business Brokers Act, 2002 is amended by striking out “the Regulations Act” at the end and substituting “Part III (Regulations) of the Legislation Act, 2006”.

Registry Act

130.  Subsection 13 (2) of the Registry Act is repealed and the following substituted:

Extension of time

(2)  For the purposes of subsection 89 (2) of Part VI (Interpretation) of the Legislation Act, 2006, a day described in clause (1) (a), (b), (c) or (d) is a day when the land registry office is not open during its regular hours of business.

Royal Ontario Museum Act

131.  Section 8 of the Royal Ontario Museum Act is amended by striking out “section 27 of the Interpretation Act” and substituting “section 92 of Part VI (Interpretation) of the Legislation Act, 2006”.

Safe Drinking Water Act, 2002

132.  (1)  Subsection 15 (7) of the Safe Drinking Water Act, 2002 is amended by striking out “The Regulations Act” at the beginning and substituting “Part III (Regulations) of the Legislation Act, 2006”.

(2)  Subsection 21 (9) of the Act is amended by striking out “The Regulations Act” at the beginning and substituting “Part III (Regulations) of the Legislation Act, 2006”.

Teaching Profession Act

133.  (1)  Section 12 of the Teaching Profession Act is amended by adding the following subsection:

Legislation Act, 2006

(4)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a regulation made under subsection (1).

(2)  Section 13 of the Act is amended by adding the following subsection:

Legislation Act, 2006

(4)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a regulation made under subsection (3).

Repeal of Acts

134.  The following Acts are repealed:

1. Interpretation Act.

2. Regulations Act.

3. Statute and Regulation Revision Act, 1998.

4. Statutes Act.

Revocation of regulation

135.  Regulation 999 of the Revised Regulations of Ontario, 1990 made under the Regulations Act is revoked.

Amendments in table form

Table 1

136.  (1)  The provisions referred to in Table 1 to this Part are amended by striking out “the Regulations Act” wherever it appears and substituting in each case “Part III (Regulations) of the Legislation Act, 2006”.

Table 2

(2)  The provisions referred to in Table 2 to this Part are amended by striking out “the Interpretation Act” wherever it appears and substituting in each case “Part VI (Interpretation) of the Legislation Act, 2006”.

Bill 107 — Human Rights Code Amendment Act, 2006

137.  (1)  This section applies only if Bill 107 (Human Rights Code Amendment Act, 2006, introduced on April 26, 2006) receives Royal Assent.

(2)  References in this section to provisions of Bill 107 are references to those provisions as they were numbered in the first reading version of the Bill.

(3)  If section 6 of Bill 107 comes into force on or before the day subsection 136 (1) of this Schedule comes into force, the amendment to subsection 35 (5) of the Human Rights Code made by subsection 136 (1) of this Schedule does not apply.

Bill 159 — Private Security and Investigative Services Act, 2005

138.  (1)  This section applies only if Bill 159 (Private Security and Investigative Services Act, 2005, introduced on December 9, 2004) receives Royal Assent.

(2)  References in this section to provisions of Bill 159 are references to those provisions as they were numbered in the first reading version of the Bill.

(3)  On the later of the day this section comes into force and the day subsection 51 (2) of Bill 159 comes into force, subsection 51 (2) of the Private Security and Investigative Services Act, 2005 is amended by striking out “the Regulations Act” at the end and substituting “Part III (Regulations) of the Legislation Act, 2006”.

Bill 169 — Transportation Statute Law Amendment Act, 2005

139.  (1)  This section applies only if Bill 169 (Transportation Statute Law Amendment Act, 2005, introduced on February 21, 2005) receives Royal Assent.

(2)  References in this section to provisions of Bill 169 are references to those provisions as they were numbered in the first reading version of the Bill.

(3)  On the later of the day section 115 of this Schedule comes into force and the day subsection 17 (4) of Schedule A to Bill 169 comes into force, subsection 128 (9) of the Highway Traffic Act, as amended by section 115 of this Schedule and re-enacted by subsection 17 (4) of Schedule A to Bill 169, is repealed and the following substituted:

Legislation Act, 2006

(9)  A designation under subsection (8) or (8.1) and the setting of a speed limit under subsection (10) are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006.

(4)  On the later of the day this section comes into force and the day section 18 of Schedule A to Bill 169 comes into force, subsection 128.0.1 (7) of the Highway Traffic Act, as enacted by section 18 of Schedule A to Bill 169, is amended by striking out “the Regulations Act” at the end and substituting “Part III (Regulations) of the Legislation Act, 2006”.

Bill 190 — Good Government Act, 2006

140.  (1)  This section applies only if Bill 190 (Good Government Act, 2006, introduced on April 27, 2005) receives Royal Assent.

(2)  References in this section to provisions of Bill 190 are references to those provisions as they were numbered in the first reading version of the Bill.

(3)  On the later of the day this section comes into force and the day section 4 of Schedule O to Bill 190 comes into force, subsection 4 (3.4) of the Municipal Tax Assistance Act, as enacted by section 4 of Schedule O to Bill 190, is amended by striking out “the Regulations Act” at the end and substituting “Part III (Regulations) of the Legislation Act, 2006”.

(4)  If section 11 of Schedule T to Bill 190 comes into force on or before the day subsection 128 (12) of this Schedule comes into force, subsection 128 (12) of this Schedule does not apply.

Bill 197 — Budget Measures Act, 2005

141.  (1)  This section applies only if Bill 197 (Budget Measures Act, 2005, introduced on May 11, 2005) receives Royal Assent.

(2)  References in this section to provisions of Bill 197 are references to those provisions as they were numbered in the first reading version of the Bill.

(3)  On the later of the day this section comes into force and the day subsection 53 (5) of the Private Career Colleges Act, 2005, as enacted by Schedule L to Bill 197, comes into force, subsection 53 (5) of the Private Career Colleges Act, 2005, as enacted by Schedule L to Bill 197, is amended by striking out “the Regulations Act” at the end and substituting “Part III (Regulations) of the Legislation Act, 2006”.

Bill 214 — Election Statute Law Amendment Act, 2005

142.  (1)  This section applies only if Bill 214 (Election Statute Law Amendment Act, 2005, introduced on June 9, 2005) receives Royal Assent.

(2)  References in this section to provisions of Bill 214 are references to those provisions as they were numbered in the first reading version of the Bill.

(3)  If subsection 1 (3) of Bill 214 comes into force on or before the day section 108 of this Schedule comes into force, section 108 of this Schedule does not apply.

TABLE 1/TABLEAU 1

Act
Loi

Provision
Disposition

Ambulance Act/Loi sur les ambulances

6.7 (4)

Ambulance Services Collective Bargaining Act, 2001/Loi de 2001 sur la négociation collective dans les services d’ambulance

23 (6)

Assessment Act/Loi sur l’évaluation foncière

2 (3.3) par./disp. 3

 

2 (7)

 

19.2 (4)

Back to School Act, 1998/Loi de 1998 sur le retour à l’école

20 (14)

Bailiffs Act/Loi sur les huissiers

4 (3)

Building Code Act, 1992/Loi de 1992 sur le code du bâtiment

28.1 (3)

 

29 (3)

 

35.1

Business Regulation Reform Act, 1994/Loi de 1994 portant réforme de la réglementation des entreprises

17

Cabinet Ministers’ and Opposition Leaders’ Expenses Review and Accountability Act, 2002/Loi de 2002 sur l’examen des dépenses des ministres et des chefs d’un parti de l’opposition et l’obligation de rendre compte

5 (4)

Commodity Board Members Act/Loi sur les membres de commissions de produits agricoles

5 (4)

Commodity Futures Act/Loi sur les contrats à terme sur marchandises

65 (12)

 

65 (13)

Community Care Access Corporations Act, 2001/Loi de 2001 sur les sociétés d’accès aux soins communautaires

11 (3)

Consolidated Hearings Act/Loi sur la jonction des audiences

19 (2)

Consumer Protection Act, 2002/Loi de 2002 sur la protection du consommateur

104 (2)

Courts of Justice Act/Loi sur les tribunaux judiciaires

51.1 (2)

Crown Employees Collective Bargaining Act, 1993/Loi de 1993 sur la négociation collective des employés de la Couronne

48 (3)

Education Act/Loi sur l’éducation

8 (4)

 

17.1 (4)

 

170 (2.9)

 

230.18 (1)

 

231 (12)

 

234 (9)

 

252 (4)

 

257.51 (1)

 

277.33 (3)

 

277.34 (4)

 

277.45 (4)

 

301 (10)

 

302 (10)

 

303 (4)

 

344 (1)

 

351 (6)

Education Quality and Accountability Office Act, 1996/Loi de 1996 sur l’Office de la qualité et de la responsabilité en éducation

4 (4)

 

6 (3)

Electricity Act, 1998/Loi de 1998 sur l’électricité

16 (10)

 

25.16 (10)

 

32 (4)

 

61 (4)

 

116 (6)

 

161.2 (4)

Employer Health Tax Act/Loi sur l’impôt-santé des employeurs

38 (3)

Employment Standards Act, 2000/Loi de 2000 sur les normes d’emploi

88 (6)

 

118 (5)

Environmental Assessment Act/Loi sur les évaluations environnementales

3.2 (2)

Environmental Bill of Rights, 1993/Charte des droits environnementaux de 1993

1 (1), definition of “regulation”/définition de «règlement»

Fairness for Parents and Employees Act (Teachers’ Withdrawal of Services), 1997/Loi de 1997 sur le traitement équitable des parents et des employés (retrait de services par les enseignants)

3 (14)

 

6 (6)

Farm Products Marketing Act/Loi sur la commercialisation des produits agricoles

7 (5)

Film Classification Act, 2005/Loi de 2005 sur le classement des films

46 (4)

Forest Fires Prevention Act/Loi sur la prévention des incendies de forêt

23 (2)

 

37 (2)

Fuel Tax Act/Loi de la taxe sur les carburants

28.3 (4)

Greenbelt Act, 2005/Loi de 2005 sur la ceinture de verdure

3 (4)

 

18 (3)

Health Insurance Act/Loi sur l’assurance-santé

45 (2.4)

Health Protection and Promotion Act/Loi sur la protection et la promotion de la santé

7 (3)

Highway Traffic Act/Code de la route

119 (3)

 

122 (6)

Highway 407 Act, 1998/Loi de 1998 sur l’autoroute 407

12 (7)

 

30 (8)

Human Rights Code/Code des droits de la personne

35 (5)

Independent Health Facilities Act/Loi sur les établissements de santé autonomes

4 (4)

Insurance Act/Loi sur les assurances

43 (1.1)

Labour Relations Act, 1995/Loi de 1995 sur les relations de travail

110 (22)

 

133 (17)

 

151 (4)

 

153 (6)

Land Registration Reform Act/Loi portant réforme de l’enregistrement immobilier

16 (2)

Land Titles Act/Loi sur l’enregistrement des droits immobiliers

18 (7)

 

32 (5)

 

163.1 (2)

Legal Aid Services Act, 1998/Loi de 1998 sur les services d’aide juridique

63 (4)

Licence Appeal Tribunal Act, 1999/Loi de 1999 sur le Tribunal d’appel en matière de permis

6 (5)

McMichael Canadian Art Collection Act/Loi sur la Collection McMichael d’art canadien

4 (4)

 

4 (7)

 

5 (7)

Milk Act/Loi sur le lait

7 (5)

Mining Act/Loi sur les mines

35 (6)

 

176 (2.3)

Ministry of Correctional Services Act/Loi sur le ministère des Services correctionnels

11 (2)

Municipal Act, 2001/Loi de 2001 sur les municipalités

173 (13)

 

175 (7)

 

454 (2)

Municipal Property Assessment Corporation Act, 1997/Loi de 1997 sur la Société d’évaluation foncière des municipalités

10 (7)

Northern Services Boards Act/Loi sur les régies des services publics du Nord

38 (7)

Oak Ridges Moraine Conservation Act, 2001/Loi de 2001 sur la conservation de la moraine d’Oak Ridges

9 (11)

 

18 (3)

Occupational Health and Safety Act/Loi sur la santé et la sécurité au travail

32.2 (3)

 

61 (3.11)

Oil, Gas and Salt Resources Act/Loi sur les ressources en pétrole, en gaz et en sel

7.1 (2)

Ombudsman Act/Loi sur l’ombudsman

15 (2)

Ontarians with Disabilities Act, 2001/Loi de 2001 sur les personnes handicapées de l’Ontario

4 (6)

 

18 (4)

Ontario College of Teachers Act, 1996/Loi de 1996 sur l’Ordre des enseignantes et des enseignants de l’Ontario

56 (7)

Ontario Energy Board Act, 1998/Loi de 1998 sur la Commission de l’énergie de l’Ontario

4.10 (9)

 

15 (4)

 

44 (7)

 

70.1 (6)

Ontario Heritage Act/Loi sur le patrimoine de l’Ontario

25.2 (7)

Ontario Highway Transport Board Act/Loi sur la Commission des transports routiers de l’Ontario

13

Ontario New Home Warranties Plan Act/Loi sur le régime de garanties des logements neufs de l’Ontario

23 (2)

Ontario Planning and Development Act, 1994/Loi de 1994 sur la planification et l’aménagement du territoire de l’Ontario

2 (2)

 

15 (4)

Pension Benefits Act/Loi sur les régimes de retraite

93 (10)

Personal Property Security Act/Loi sur les sûretés mobilières

73.1 (2)

Places to Grow Act, 2005/Loi de 2005 sur les zones de croissance

17 (3)

Public Lands Act/Loi sur les terres publiques

51 (2)

Public Sector Labour Relations Transition Act, 1997/Loi de 1997 sur les relations de travail liées à la transition dans le secteur public

37 (6)

Public Service Act/Loi sur la fonction publique

29 (5)

Public Service Pension Act/Loi sur le Régime de retraite des fonctionnaires

6 (6)

Public Transportation and Highway Improvement Act/Loi sur l’aménagement des voies publiques et des transports en commun

36 (4)

Registry Act/Loi sur l’enregistrement des actes

13 (7)

 

100 (2)

 

101.1 (2)

Repair and Storage Liens Act/Loi sur le privilège des réparateurs et des entreposeurs

31.1 (2)

Safe Drinking Water Act, 2002/Loi de 2002 sur la salubrité de l’eau potable

9 (5)

 

157 (3)

Securities Act/Loi sur les valeurs mobilières

3.2 (11)

 

143 (11)

 

143 (12)

Social Housing Reform Act, 2000/Loi de 2000 sur la réforme du logement social

34 (6)

Statutory Powers Procedure Act/Loi sur l’exercice des compétences légales

25.1 (5)

Technical Standards and Safety Act, 2000/Loi de 2000 sur les normes techniques et la sécurité

36 (4)

Travel Industry Act, 2002/Loi de 2002 sur le secteur du voyage

37 (3)

Trillium Gift of Life Network Act/Loi sur le Réseau Trillium pour le don de vie

8.12 (3)

Vintners Quality Alliance Act, 1999/Loi de 1999 sur la société appelée Vintners Quality Alliance

5 (3)

Vital Statistics Act/Loi sur les statistiques de l’état civil

37 (4)

Waste Diversion Act, 2002/Loi de 2002 sur le réacheminement des déchets

30 (9)

TABLE 2/TABLEAU 2

Act
Loi

Provision
Disposition

Human Rights Code/Code des droits de la personne

46, definition of “person”/définition de «personne»

Retail Sales Tax Act/Loi sur la taxe de vente au détail

1 (1), definition of “person”/définition de «personne»

Statistics Act/Loi sur la statistique

1, definition of “person”/définition de «personne»

PART IX
COMMENCEMENT AND SHORT TITLE

Commencement

143.  (1)  Subject to subsections (2) and (3), the Act set out in this Schedule comes into force on,

(a) the first anniversary of the day the Access to Justice Act, 2006 receives Royal Assent; or

(b) an earlier day to be named by proclamation of the Lieutenant Governor.

Same

(2)  Sections 111 and 125, this section and section 144 come into force on the day the Access to Justice Act, 2006 receives Royal Assent.

Same

(3)  The provision in each line of Column 1 of the Table to this subsection comes into force on the later of the following days:

1. The day section 134 comes into force.

2. The day the provision described in the corresponding line of Column 2 of the Table to this subsection comes into force.

TABLE/TABLEAU

Column 1/Colonne 1

Column 2/Colonne 2

subsection 107 (2)/paragraphe 107 (2)

subsection 287.6 (3) of the Education Act/paragraphe 287.6 (3) de la Loi sur l’éducation

section 112/article 112

subsection 108 (2) of the Funeral, Burial and Cremation Services Act, 2002/paragraphe 108 (2) de la Loi de 2002 sur les services funéraires et les services d’enterrement et de crémation

subsection 114 (1)/paragraphe 114 (1)

subsection 10 (6) of the Highway 407 East Completion Act, 2001/paragraphe 10 (6) de la Loi de 2001 sur le tronçon final est de l’autoroute 407

subsection 114 (2)/paragraphe 114 (2)

subsection 29 (8) of the Highway 407 East Completion Act, 2001/paragraphe 29 (8) de la Loi de 2001 sur le tronçon final est de l’autoroute 407

section 119/article 119

subsection 38 (3) of the Motor Vehicle Dealers Act, 2002/paragraphe 38 (3) de la Loi de 2002 sur le commerce des véhicules automobiles

section 129/article 129

subsection 46 (3) of the Real Estate and Business Brokers Act, 2002/paragraphe 46 (3) de la Loi de 2002 sur le courtage commercial et immobilier

subsection 132 (1)/paragraphe 132 (1)

subsection 15 (7) of the Safe Drinking Water Act, 2002/paragraphe 15 (7) de la Loi de 2002 sur la salubrité de l’eau potable

subsection 132 (2)/paragraphe 132 (2)

subsection 21 (9) of the Safe Drinking Water Act, 2002/paragraphe 21 (9) de la Loi de 2002 sur la salubrité de l’eau potable

Short title

144.  The short title of the Act set out in this Schedule is the Legislation Act, 2006.

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Explanatory Note

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