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Explanatory Note

CHAPTER 33

An Act to promote good government by amending or repealing certain Acts and by enacting two new Acts

Assented to December 15, 2009

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

CONTENTS

1.

2.

3.

Schedule 1

Schedule 2

Schedule 3

Schedule 4

Schedule 5

Schedule 6

Schedule 7

Schedule 8

Schedule 9

Schedule 10

Schedule 11

Schedule 12

Schedule 13

Schedule 14

Schedule 15

Schedule 16

Schedule 17

Schedule 18

Schedule 19

Schedule 20

Schedule 21

Schedule 22

Schedule 23

Schedule 24

Schedule 25

Schedule 26

Contents of Act

Commencement

Short title

Ministry of Agriculture, Food and Rural Affairs

Ministry of the Attorney General

Ministry of the Attorney General (Electoral Statutes)

Ministry of the Attorney General (Provincial Offences)

Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009

Public Inquiries Act, 2009

Ministry of Children and Youth Services

Ministry of Community and Social Services

Ministry of Community Safety and Correctional Services

Ministry of Consumer Services

Ministry of Culture

Ministry of Economic Development and Trade

Ministry of Education

Ministry of Energy and Infrastructure

Ministry of the Environment

Ministry of Finance

Ministry of Government Services

Ministry of Health and Long-Term Care

Ministry of Health Promotion

Ministry of Labour

Ministry of Municipal Affairs and Housing

Ministry of Natural Resources

Ministry of Northern Development, Mines and Forestry

Ministry of Tourism

Ministry of Training, Colleges and Universities

Ministry of Transportation

______________

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 subsection (2), this Act comes into force on the day it receives Royal Assent.

Schedules

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

Different dates for same Schedule

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

Short title

3.  The short title of this Act is the Good Government Act, 2009.

SCHEDULE 1
MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS

AgriCorp Act, 1996

1.  The English version of subsection 17 (3) of the AgriCorp Act, 1996 is amended by striking out “Ministry of Agriculture and Food Act” and substituting “Ministry of Agriculture, Food and Rural Affairs Act”.

Agricultural and Horticultural Organizations Act

2.  (1)  The definition of “Minister” in section 1 of the Agricultural and Horticultural Organizations Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

(2)  Section 4 of the Act is amended by striking out “Ministry of Agriculture and Food” and substituting “Ministry of Agriculture, Food and Rural Affairs”.

Agricultural Research Institute of Ontario Act

3.  (1)  The definition of “Minister” in section 1 of the Agricultural Research Institute of Ontario Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

(2)  Subsection 4 (1) of the Act is amended by striking out “Ministry of Agriculture and Food” and substituting “Ministry of Agriculture, Food and Rural Affairs”.

(3)  Clause 9 (2) (e) of the Act is amended by striking out “Ministry of Agriculture and Food” and substituting “Ministry of Agriculture, Food and Rural Affairs”.

(4)  Clause 9 (2) (f) of the Act is amended by striking out “Ministry of Agriculture and Food” and substituting “Ministry of Agriculture, Food and Rural Affairs”.

Agricultural Tile Drainage Installation Act

4.  The definition of “Minister” in section 1 of the Agricultural Tile Drainage Installation Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Animals for Research Act

5.  The definition of “Minister” in subsection 1 (1) of the Animals for Research Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Beef Cattle Marketing Act

6.  The definition of “Minister” in section 1 of the Beef Cattle Marketing Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Bees Act

7.  The definition of “Minister” in section 1 of the Bees Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Commodity Futures Act

8.  Clause 31 (b) of the Commodity Futures Act is amended by striking out “Ministry of Agriculture and Food” at the end and substituting “Ministry of Agriculture, Food and Rural Affairs”.

Drainage Act

9.  The definition of “Minister” in section 1 of the Drainage Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Farm Products Containers Act

10.  The definition of “Minister” in section 1 of the Farm Products Containers Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Farm Products Grades and Sales Act

11.  The definition of “Minister” in section 1 of the Farm Products Grades and Sales Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Farm Products Marketing Act

12.  (1)  The definition of “Commission” in section 1 of the Farm Products Marketing Act is amended by striking out “Ministry of Agriculture and Food Act” at the end and substituting “Ministry of Agriculture, Food and Rural Affairs Act”.

(2)  The definition of “Minister” in section 1 of the Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

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

(e) require persons engaged in producing or marketing a regulated product to register the business contact information and description of the business with the Commission or local board;

(4)  Clause 5 (1) (d) of the Act is repealed and the following substituted:

(d) prescribing the powers, duties and functions of a local board constituted under clause (a);

(5)  Subsection 6 (1) of the Act is amended by striking out “to carry out the duties referred to in clause 3 (1) (g)” and substituting “to carry out one or more of the duties referred to in clause 3 (1) (g)”.

(6)  Subsections 6 (2) and (3) of the Act are repealed.

(7)  The English version of paragraph 9 of subsection 7 (1) of the Act is amended by striking out “the person produced in any year and used for processing” at the end and substituting “the person produced and used for processing in any year”.

(8)  Paragraph 40 of subsection 7 (1) of the Act is repealed and the following substituted:

40. authorizing a local board to appoint agents, to prescribe their duties and terms and conditions of appointment and to provide for their remuneration;

(9)  Clause 14 (4) (a) of the Act is amended by striking out “other than a dwelling”.

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

Powers on inspection, etc.

Entry onto lands or premises

14.1  (1)  A person authorized under this Act to enter lands or premises other than a dwelling may do so at any reasonable time.

Entry into a dwelling

(2)  A person authorized under this Act to enter premises may enter premises that are a dwelling at any reasonable time if reasonable notice has been given to the occupant and the occupant has consented or if the entry is under the authority of a warrant.

Warrants

(3)  A person authorized under this Act to carry out one or more of the duties referred to in clause 3 (1) (g) may apply, without notice, to a provincial judge or a justice of the peace to obtain a warrant,

(a) to enter premises that are a dwelling; or

(b) to enter any premises or conveyance,

(i) if entry to the premises or conveyance has been refused, or

(ii) if there are reasonable grounds to believe that entry to the premises or conveyance is likely to be refused.

Application, dwelling

(4)  An application for a warrant to enter premises that are a dwelling shall specifically indicate that the application relates to premises that are a dwelling.

Obstruction

(5)  No person shall hinder or obstruct any person who is exercising a power or carrying out a duty under this Act or refuse to answer questions on matters relevant to the exercise of that power or the carrying out of that duty or provide the person exercising that power or carrying out that duty with false or misleading information.

Certificate of appointment

(6)  The production by any person of a certificate of his or her appointment by the Commission or a local board under this Act purporting to be signed by the chair and secretary of the Commission or the local board shall be accepted by any person as proof, in the absence of evidence to the contrary, of the appointment.

(11)  Section 20 of the Act is repealed.

Farm Products Payments Act

13.  (1)  The definition of “Minister” in section 1 of the Farm Products Payments Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

(2)  Subsection 5 (3) of the Act is amended by striking out “Treasurer of Ontario” in the portion before clause (a) and substituting “Minister of Finance”.

(3)  Subsection 5 (4) of the Act is amended by striking out “Treasurer of Ontario” and substituting “Minister of Finance”.

Grain Corn Marketing Act

14.  (1)  The definition of “Minister” in section 1 of the Grain Corn Marketing Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

(2)  The Act is repealed.

Grains Act

15.  (1)  The French version of subsection 18 (4) of the Grains Act is amended by striking out “relatif à la valeur marchande” and substituting “relatif au prix du marché”.

(2)  Clause 28 (1) (e) of the Act is amended by striking out “Ministry of Agriculture and Food” at the end and substituting “Ministry of Agriculture, Food and Rural Affairs”.

Livestock and Livestock Products Act

16.  (1)  The definition of “Minister” in section 1 of the Livestock and Livestock Products Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

(2)  Subsection 15 (5) of the Act is amended by striking out “Ministry of Agriculture and Food Act” and substituting “Ministry of Agriculture, Food and Rural Affairs Act”.

Livestock Community Sales Act

17.  The definition of “Minister” in section 1 of the Livestock Community Sales Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Livestock Identification Act

18.  The definition of “Minister” in section 1 of the Livestock Identification Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Livestock Medicines Act

19.  (1)  The definition of “Minister” in section 1 of the Livestock Medicines Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

(2)  Clause 2 (2) (a) of the Act is amended by striking out “Ministry of Agriculture and Food” at the end and substituting “Ministry of Agriculture, Food and Rural Affairs”.

(3)  Clause 2 (2) (b) of the Act is amended by striking out “Ministry of Health” at the end and substituting “Ministry of Health and Long-Term Care”.

(4)  Clause 2 (2) (c) of the Act is amended by striking out “Health Protection Branch of the Department of National Health and Welfare (Canada)” at the end and substituting “Health Canada”.

(5)  Clause 2 (2) (g) of the Act is amended by striking out “The Ontario Fur Breeders Association, Incorporated” at the end and substituting “Ontario Fur Breeders Association”.

Milk Act

20.  (1)  The definition of “Commission” in section 1 of the Milk Act is amended by striking out “Ministry of Agriculture and Food Act” at the end and substituting “Ministry of Agriculture, Food and Rural Affairs Act”.

(2)  Subsection 2.10 (2) of the Act is amended by striking out “Ministry of Agriculture and Food Act” and substituting “Ministry of Agriculture, Food and Rural Affairs Act”.

(3)  Subsection 2.10 (4) of the Act is amended by striking out “Ministry of Agriculture and Food Act” and substituting “Ministry of Agriculture, Food and Rural Affairs Act”.

(4)  Subsection 2.10 (5) of the Act is amended by striking out “Ministry of Agriculture and Food Act” and substituting “Ministry of Agriculture, Food and Rural Affairs Act”.

(5)  Subsection 19.1 (7) of the Act is amended by striking out “Ministry of Agriculture and Food Act” and substituting “Ministry of Agriculture, Food and Rural Affairs Act”.

(6)  Subsection 19.1 (9) of the Act is amended by striking out “Ministry of Agriculture and Food Act” and substituting “Ministry of Agriculture, Food and Rural Affairs Act”.

Ministry of Agriculture, Food and Rural Affairs Act

21.  Subsection 8 (2) of the Ministry of Agriculture, Food and Rural Affairs Act is repealed and the following substituted:

Form of guarantee

(2)  The form and manner of any such guarantee shall be such as the Lieutenant Governor in Council approves and the guarantee shall be signed by the Minister of Finance or by such other officer or officers as are designated by the Lieutenant Governor in Council and, upon being so signed, the Province of Ontario is liable for the payment of the loan or part thereof and interest thereon guaranteed according to the terms of the guarantee.

Ontario Agricultural Museum Act

22.  (1)  The definition of “Minister” in section 1 of the Ontario Agricultural Museum Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

(2)  Subsection 11 (1) of the Act is amended by striking out “Treasurer of Ontario” and substituting “Minister of Finance”.

(3)  Subsection 11 (2) of the Act is amended by striking out “Treasurer of Ontario” and substituting “Minister of Finance”.

Ontario Food Terminal Act

23.  (1)  The definition of “Minister” in section 1 of the Ontario Food Terminal Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

(2)  Subsection 6 (1) of the Act is amended by striking out “Treasurer of Ontario” and substituting “Minister of Finance”.

(3)  Clause 7 (c) of the Act is amended by striking out “Treasurer of Ontario” wherever it appears and substituting in each case “Minister of Finance”.

(4)  Section 10 of the Act is amended by striking out “Treasurer of Ontario” at the end and substituting “Minister of Finance”.

Plant Diseases Act

24.  The definition of “Minister” in section 1 of the Plant Diseases Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Tile Drainage Act

25.  Subsection 11 (1) of the Tile Drainage Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

Veterinarians Act

26.  (1)  The definition of “Minister” in subsection 1 (1) of the Veterinarians Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

(2)  Subsection 25 (1) of the Act is amended by striking out “by prepaid first class mail” and substituting “by mail, by registered mail or by courier service”.

Weed Control Act

27.  (1)  The definition of “Minister” in section 1 of the Weed Control Act is amended by striking out “Minister of Agriculture and Food” and substituting “Minister of Agriculture, Food and Rural Affairs”.

(2)  Clause 13 (3) (b) of the Act is amended by striking out “by mailing a copy of the order by prepaid first class mail, by registered mail or by certified mail” at the beginning and substituting “by sending a copy of the order by mail, by registered mail, by certified mail or by courier service”.

(3)  Subsection 18 (1) of the Act is amended by striking out “by prepaid first class mail” and substituting “by mail, by registered mail, by certified mail or by courier service”.

Commencement

Commencement

28.  (1)  Subject to subsection (2) this Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

Same

(2)  Subsection 14 (2) comes into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 2
MINISTRY OF THE ATTORNEY GENERAL

Accumulations Act

1.  The Accumulations Act is amended by adding the following section:

Rules as to accumulations not applicable to charitable purpose trusts

4.  The rules of law and statutory enactments relating to accumulations do not apply and shall be deemed never to have applied to trusts created for a charitable purpose, as defined in section 7 of the Charities Accounting Act.

Administration of Justice Act

2.  (1)  Section 4.2 of the Administration of Justice Act is amended by striking out “4.6” in the portion before clause (a).

(2)  Sections 4.5 and 4.6 of the Act are repealed and the following substituted:

Fee waiver re enforcement of court order or tribunal order: sheriff

Request

4.5  (1)  A person who is entitled to have a court order or a tribunal order enforced by a sheriff on payment of a fee may request a fee waiver under this section by giving the sheriff a written request, in the form provided by the Ministry.

Certificate

(2)  If the sheriff determines that the person meets the prescribed conditions, he or she shall give the person a certificate indicating that all fees relating to the enforcement of the order that are or would be payable by the person on or after the date of the certificate are waived.

Decision final

(3)  The sheriff’s decision is final.

Bailiff

(4)  In the case of the enforcement of a court order, references in this section to a sheriff include a bailiff.

(3)  Section 4.8 of the Act is amended by striking out “4.6”.

(4)  Section 4.9 of the Act is amended by striking out “4.6”.

(5)  Clause 5 (1) (e) of the Act is amended by striking out “4.3 (4), 4.5 (2) and 4.6 (2)” at the end and substituting “4.3 (4) and 4.5 (2)”.

(6)  Clause 5 (1) (h) of the Act is amended by striking out “4.6”.

Aggregate Resources Act

3.  The following provisions of the Aggregate Resources Act are amended by striking out “Sections 43 and 95” at the beginning and substituting “Section 43”:

1. Subsection 11 (15).

2. Subsection 13 (10).

3. Subsection 16 (12).

4. Subsection 18 (9).

5. Subsection 20 (9).

Algoma University Act, 2008

4.  Subsection 29 (6) of the Algoma University Act, 2008 is repealed.

Arbitration Act, 1991

5.  The definition of “court” in section 1 of the Arbitration Act, 1991 is amended by adding “the Family Court or” before “the Superior Court of Justice”.

Architects Act

6.  Subclause 34 (4) (l) (ii) of the Architects Act is amended by striking out “handicap” and substituting “incapacity”.

Assessment Review Board Act

7.  (1)  Clause 8.1 (1) (a) of the Assessment Review Board Act is repealed and the following substituted:

(a) in respect of proceedings brought before the Board;

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

Protection from personal liability

11.  (1)  No action or other proceeding shall be instituted against a member of the Board or a person referred to in section 10 as a result of any act done in good faith in the performance or intended performance of any duty under any Act or in the exercise or intended exercise of any power under any Act, or of any alleged neglect or default in the performance or exercise in good faith of such duty or power.

Exception

(2)  Subsection (1) does not apply in the case of an application for judicial review or an action or proceeding that is specifically provided for under an Act with respect to a person referred to in that subsection.

Crown liability

(3)  Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by an agent or servant of the Crown to which it would otherwise be subject.

Bail Act

8.  (1)  Sections 2, 3, 4 and 5 of the Bail Act are repealed and the following substituted:

Lien established

2.  Once the sheriff takes all the steps the sheriff is required to take under subsection 136 (1) of the Land Titles Act in respect of a certificate of lien that he or she has received, the Crown has a lien against the property of the surety that is described in the certificate of lien, for the amount for which the person is a surety as indicated in the certificate of lien.

(2)  Section 6 of the Act is amended by striking out “on the index book mentioned in section 2 or subsection 3 (2), as the case may be” and substituting “in the electronic database referred to in subsection 136 (1) of the Land Titles Act”.

(3)  Sections 8 and 9 of the Act are repealed and the following substituted:

Disposal of certificate of lien

8.  On receipt of a certificate of discharge, the sheriff shall attach the certificate of discharge to the certificate of lien to which it relates and remove the related entry from the electronic database referred to in subsection 136 (1) of the Land Titles Act.

Change of Name Act

9.  Section 4 of the Change of Name Act is amended by adding the following subsection:

Exception, confidential change of name

(1.1)  The residency requirement set out in subsection (1) does not apply in respect of an applicant for a change of name that has been certified as described in subsection 8 (2) by the Attorney General or a person authorized by the Attorney General.

Charitable Gifts Act

10.  The Charitable Gifts Act is repealed.

Charities Accounting Act

11.  (1)  Section 1.1 of the Charities Accounting Act is repealed.

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

Executor or trustee to provide information

2.  An executor or trustee to whom section 1 applies shall, if requested by the Public Guardian and Trustee, provide to the Public Guardian and Trustee particulars in writing respecting,

(a) the name and address of each executor or trustee of the estate or trust;

(b) the condition, disposition or other such particulars as requested of the property devised, bequeathed or given or which is in any way held by the executor or trustee; and

(c) any other matter relating to the administration or management of the estate or trust or any other property held by the executor or trustee, as requested.

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

Information, documents respecting entities

4.1  (1)  If an executor or trustee to whom section 1 applies holds a substantial interest in an entity within the meaning of subsection (3), the Public Guardian and Trustee may inquire into the management or operation of the entity and into its relationship to the executor or trustee, and the entity or any director, officer, manager or trustee of the entity shall, if requested by the Public Guardian and Trustee, provide to the Public Guardian and Trustee such information or documents respecting the entity as the Public Guardian and Trustee specifies.

Same

(2)  Without limiting the generality of subsection (1), the Public Guardian and Trustee may make a request under that subsection for,

(a) business records of the entity;

(b) information respecting the assets and liabilities of the entity;

(c) accounts of income and expenses for the entity;

(d) financial statements of the entity, including any statements made by an auditor with respect to the financial statements; and

(e) the particulars of any fees, salary or other remuneration paid to any person by the entity.

Substantial interest

(3)  An executor or trustee holds a substantial interest in an entity if the following criteria are met:

1. In the case of an entity that is a corporation with share capital, the executor or trustee beneficially owns, controls or has direction over one of the following:

i. Shares of any class or series of voting shares of the corporation carrying more than 20 per cent of the voting rights attached to all of the outstanding voting shares of the corporation.

ii. Shares of the corporation representing more than 20 per cent of the shareholders’ equity of the corporation.

2. In the case of an entity that is a corporation without share capital, the executor or trustee beneficially owns, controls or has direction over membership in a class of membership of the corporation carrying more than 20 per cent of the voting rights attached to all of the outstanding voting membership interests of the corporation.

3. In the case of an entity that is a partnership, the executor or trustee beneficially owns, controls or has direction over a right to one of the following:

i. At least 20 per cent of the profits of the partnership.

ii. At least 20 per cent of the assets of the partnership on its dissolution.

4. In the case of an entity that is a trust, the executor or trustee beneficially holds an interest in the trust.

5. In the case of any other entity, the aggregate of any ownership interests into which the entity is divided, however designated, that are beneficially owned or controlled by the executor or trustee, or over which the executor or trustee exercises direction, exceeds 20 per cent of all the ownership interests into which the entity is divided.

Same

(4)  For the purposes of subsection (3), the ownership, control or direction over a thing by the executor or trustee may be,

(a) direct or indirect; or

(b) alone or through one or more persons, entities or both.

Application to court

(5)  On application by the Public Guardian and Trustee, a judge of the Superior Court of Justice may,

(a) make any order that the judge considers necessary or proper to compel the provision of information or documents required to be provided to the Public Guardian and Trustee under subsection (1);

(b) fix the costs of the application and direct how and by whom they shall be payable;

(c) make any order relating to the management, operation, ownership or control of the entity that is in the best interest of the purpose for which the estate or trust is held, including an order,

(i) determining who owns, controls or has direction over the entity,

(ii) determining who controls the election of the directors of the entity,

(iii) ensuring that the ownership, control or direction of the entity is in the best interest of the purpose for which the estate or trust is held, including, if appropriate, requiring the executor or trustee to sell all or some of his or her interest in the entity,

(iv) ensuring the proper operation and management of the entity and its assets,

(v) protecting or preserving the assets or financial stability of the entity and the assets held by the executor or trustee relating to the entity,

(vi) selling some or all of the assets of the entity, or

(vii) distributing some or all of the profits of the entity.

Notice

(6)  An application under subsection (5) shall be on notice to the entity, to the executor or trustee and to any other person that a judge directs.

No obstruction

(7)  No person shall obstruct, hinder or interfere with an inquiry conducted under subsection (1), or withhold, conceal or destroy information or documents required to be provided to the Public Guardian and Trustee under that subsection.

Offence and penalty

(8)  Every person who contravenes subsection (7) is guilty of an offence and on conviction is liable to a fine not exceeding $25,000.

(4)  Subsection 5 (4) of the Act is amended by striking out “any such will or other instrument” and substituting “a will or other instrument described in subsection 1 (1)”.

(5)  The definition of “land” in section 7 of the Act is repealed.

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

Limitation on use of property

8.  A person who holds an interest in real or personal property for a charitable purpose shall use the property for the charitable purpose.

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

Application of Trustee Act

10.1  Sections 27 to 31 of the Trustee Act apply to,

(a) an executor or trustee referred to in subsection 1 (1);

(b) a corporation that is deemed to be a trustee under subsection 1 (2); and

(c) a person referred to in section 8 who is not a person referred to in clause (a) or (b).

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

Charitable Gifts Act

Definition

14.  (1)  In this section,

“interest in a business” means an interest in a business within the meaning of the Charitable Gifts Act, as it read immediately before its repeal.

Obligation to dispose of business interest extinguished

(2)  Despite clause 51 (1) (b) of the Legislation Act, 2006, the repeal of the Charitable Gifts Act extinguishes all obligations under the Charitable Gifts Act to dispose of any interest in a business that are still in existence at the time of the repeal.

Same

(3)  Subsection (2) applies in respect of obligations that came into existence under the Charitable Gifts Act at any time before its repeal.

Right to application extinguished

(4)  Despite subclause 51 (1) (d) (i) and subsection 51 (2) of the Legislation Act, 2006, the repeal of the Charitable Gifts Act extinguishes all rights to bring an application under that Act in relation to the obligations to which subsection (2) applies.

Non-application

(5)  Subsection (4) does not apply in respect of an application relating to an order made under subsection 3 (3) of the Charitable Gifts Act, as it read immediately before its repeal.

Children’s Law Reform Act

12.  (1)  Subsection 12 (1) of the Children’s Law Reform Act is amended by striking out “prescribed by the regulations” and substituting “provided by the Ministry of the Attorney General”.

(2)  Subsection 12 (2) of the Act is amended by striking out “prescribed by the regulations” and substituting “provided by the Ministry of the Attorney General”.

(3)  Subsection 14 (1) of the Act is amended by striking out “prescribed by the regulations” and substituting “provided by the Ministry of the Attorney General”.

(4)  Section 17 of the Act is repealed.

(5)  The French version of the following provisions of the Act is amended by striking out “registraire général” wherever it appears and substituting in each case “registraire général de l’état civil”:

1. Subsections 12 (1) and (2).

2. Section 13.

3. Subsections 14 (1) and (2).

4. Section 15.

5. Section 16.

City of Greater Sudbury Act, 1999

13.  Subsection 11.6 (7) of the City of Greater Sudbury Act, 1999 is repealed.

City of Hamilton Act, 1999

14.  Subsection 11.7 (7) of the City of Hamilton Act, 1999 is repealed.

City of Ottawa Act, 1999

15.  (1)  Subsection 12.13 (7) of the City of Ottawa Act, 1999 is repealed.

(2)  Subsection 12.14 (5) of the Act is repealed.

Compensation for Victims of Crime Act

16.  Subsection 21 (3) of the Compensation for Victims of Crime Act is repealed and the following substituted:

Payments in case of minor

(3)  If a person entitled to an award under this Act is a minor, any amount payable may be paid on his or her behalf to one of the following persons or applied in such manner as the Board considers in the best interest of the minor, and amounts so paid shall be received and administered by the payee for the benefit of the minor:

1. The minor’s spouse, if the spouse is not a minor.

2. The minor’s parent or guardian.

3. The Accountant of the Superior Court of Justice.

4. Any other person, if the Board considers payment to that person in the best interest of the minor.

Payments in case of incapacity

(4)  If a person entitled to an award under this Act is incapable as defined in the Substitute Decisions Act, 1992 or in the opinion of the Board is incapable of managing his or her own affairs, any amount payable may be paid on his or her behalf to one of the following persons or applied in such manner as the Board considers in the best interest of the incapable person, and amounts so paid shall be received and administered by the payee for the benefit of the incapable person:

1. If a guardian of property or attorney for property has been appointed under the Substitute Decisions Act, 1992 for the incapable person, the guardian or attorney.

2. If no guardian of property or attorney for property has been appointed under the Substitute Decisions Act, 1992 for the incapable person,

i. the Public Guardian and Trustee, or

ii. any other person, if the Board considers payment to that person in the best interest of the incapable person.

Condominium Act, 1998

17.  (1)  Clause 29 (1) (c) of the Condominium Act, 1998 is amended by striking out “a mentally incompetent person” and substituting “incapable of managing property within the meaning of the Substitute Decisions Act, 1992”.

(2)  Clause 29 (2) (a) of the Act is amended by striking out “a mentally incompetent person” and substituting “incapable of managing property within the meaning of the Substitute Decisions Act, 1992”.

Consolidated Hearings Act

18.  (1)  Sections 13 and 14 of the Consolidated Hearings Act are repealed and the following substituted:

No application to Lieutenant Governor in Council

Definition

13.  (1)  In this section,

“old section 13” means this section as it read immediately before the day the Good Government Act, 2009 received Royal Assent.

Not subject to application

(2)  Every decision of a joint board that is the subject of an application made under the old section 13 that is not disposed of or withdrawn before the day the Good Government Act, 2009 receives Royal Assent is deemed not to be subject to application to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council.

Same

(3)  Every decision of a joint board that may be the subject of an application under the old section 13 is deemed not to be subject to application to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in Council.

No effect on validity

(4)  Nothing in this section affects the validity of a decision of a joint board that, but for subsection 18 (1) of Schedule 2 to the Good Government Act, 2009, was or could have been the subject of an application under the old section 13.

(2)  Subsection 15 (1) of the Act is amended by striking out “subject to section 13” at the end of the portion before clause (a).

Co-operative Corporations Act

19.  (1)  The definition of “personal representative” in subsection 1 (1) of the Co-operative Corporations Act is repealed and the following substituted:

“personal representative”, where used with reference to the holding of shares or loans or the exercise of a member’s rights in that capacity, means,

(a) an executor, administrator, guardian, tutor, committee, trustee, receiver or liquidator of the member, shareholder or lender, or

(b) in the case of a member, shareholder or lender who is incapable of managing property within the meaning of the Substitute Decisions Act, 1992, the guardian of property, attorney under a continuing power of attorney for property with authority, committee or curator for the member, shareholder or lender; (“ayant droit”)

(2)  Subsection 89 (2) of the Act is repealed and the following substituted:

Qualifications

(2)  No undischarged bankrupt or person who is incapable of managing property within the meaning of the Substitute Decisions Act, 1992 shall be a director, and a director who becomes bankrupt or incapable of managing property ceases to be a director.

Courts of Justice Act

20.  (1)  Subsection 9 (2) of the Courts of Justice Act is repealed.

(2)  Subsection 19 (1.1) of the Act is amended by striking out “the day section 3 of Schedule A to the Access to Justice Act, 2006 comes into force” in the portion before clause (a) and substituting “October 1, 2007”.

(3)  Subsection 19 (1.2) of the Act is amended by striking out “the day section 3 of Schedule A to the Access to Justice Act, 2006 comes into force” in the portion before clause (a) and substituting “October 1, 2007”.

(4)  Section 21.7 of the Act is amended by striking out “sitting without a jury” at the end.

(5)  Subsections 21.12 (2) and (3) of the Act are repealed.

(6)  Subsection 21.13 (1) of the Act is amended by striking out “as recommended by the Chief Justice of the Superior Court of Justice, or by a person he or she designates for the purpose, and approved by the Attorney General” and substituting “as determined by the Chief Justice of the Superior Court of Justice, or by a person he or she designates for the purpose”.

(7)  Subsection 21.14 (1) of the Act is amended by striking out “as recommended by the Chief Justice of the Superior Court of Justice, or by a person he or she designates for the purpose, and approved by the Attorney General” and substituting “as determined by the Chief Justice of the Superior Court of Justice, or by a person he or she designates for the purpose”.

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

Contempt hearing for failure to attend examination

30.  (1)  The Small Claims Court may, in accordance with the rules of court, order a debtor or other person who is required to and fails to attend an examination respecting a default by the debtor under an order of the court for the payment or recovery of money, to attend before the court for a contempt hearing.

Finding of contempt

(2)  The Small Claims Court may find a person to be in contempt of court at a hearing referred to in subsection (1), if the court is satisfied that,

(a) the person was required to attend the examination;

(b) the person was served, in accordance with the rules of court, with a notice to attend the examination;

(c) the person failed to attend the examination; and

(d) the failure to attend was wilful.

Power conferred

(3)  For greater certainty, the power of the Small Claims Court to order, hear and determine a contempt hearing under this section is conferred on and may be exercised by the persons referred to in clauses 24 (2) (a) and (b).

Limit on imprisonment in certain cases

(4)  If a contempt hearing under subsection (1) is heard and determined by a person referred to in clause 24 (2) (a) or (b), the court may make such orders respecting the person in contempt as are specified by the rules of court, but the court shall not make an order that the person be imprisoned for a period of more than five days.

Authority unaffected

(5)  Nothing in this section affects the authority of the Small Claims Court to order, hear and determine contempt hearings where it is otherwise authorized by law.

(9)  Clause 31 (a) of the Act is amended by striking out “$500” and substituting “the prescribed amount”.

(10)  Clause 31 (b) of the Act is amended by striking out “$500” and substituting “the prescribed amount”.

(11)  Section 32 of the Act is repealed and the following substituted:

Deputy judges

32.  (1)  A regional senior judge of the Superior Court of Justice may, with the approval of the Attorney General, appoint a lawyer to act as a deputy judge of the Small Claims Court.

Term of appointment

(2)  The appointment of a deputy judge is for a term of three years, subject to subsections (3) and (7).

Annual appointment if 65 or older

(3)  If the deputy judge is 65 years of age or older and under 75 years of age, the appointment shall be for a term of one year, subject to subsection (8).

Renewal before age 65

(4)  The appointment of a deputy judge who is under 65 years of age may be renewed by a regional senior judge of the Superior Court of Justice for a term of three years, subject to subsection (7).

Annual renewal if 65 or older

(5)  The appointment of a deputy judge who is 65 years of age or older and under 75 years of age may be renewed by a regional senior judge of the Superior Court of Justice for a term of one year, subject to subsection (8).

No limit, renewals

(6)  Subject to subsections (7) to (9), there is no limit to the number of times the appointment of a deputy judge can be renewed under subsection (4) or (5).

Expiry of term at age 65

(7)  If the deputy judge is 63 years of age or older and under 65 years of age, an appointment under subsection (2) or a renewal under subsection (4) shall provide for a term that expires when he or she reaches 65 years of age.

Expiry of term at age 75

(8)  If the deputy judge is 74 years of age, an appointment under subsection (3) or a renewal under subsection (5) shall provide for a term that expires when he or she reaches 75 years of age.

Age limit

(9)  No person shall be appointed as a deputy judge, or have an appointment renewed, once he or she reaches 75 years of age.

Current appointments

(10)  For greater certainty, nothing in this section shortens or otherwise affects an appointment or renewed appointment that is in effect immediately before the day subsection 20 (11) of Schedule 2 to the Good Government Act, 2009 comes into force, but any renewals of the appointment on and after that day are subject to this section.

(12)  Subsection 52 (2.1) of the Act is repealed.

(13)  Subsection 52 (3) of the Act is repealed.

(14)  Subsection 52 (5) of the Act is repealed.

(15)  Subsection 53 (1) of the Act is amended by adding the following clause:

(g) prescribing the minimum amount of a claim that may be appealed to the Divisional Court for the purposes of section 31;

(16)  Subsection 76 (2) of the Act is amended by striking out “the presiding judge” and substituting “the presiding judge, justice of the peace”.

(17)  Section 124 of the Act is repealed.

Credit Unions and Caisses Populaires Act, 1994

21.  (1)  Clause 13 (2) (b) of the Credit Unions and Caisses Populaires Act, 1994 is repealed and the following substituted:

(b) has been found under the Substitute Decisions Act, 1992 or under the Mental Health Act to be incapable of managing property or has been found to be incapable by a court in Canada or elsewhere; or

(2)  Paragraph 2 of subsection 92 (1) of the Act is repealed and the following substituted:

2. One who has been found under the Substitute Decisions Act, 1992 or under the Mental Health Act to be incapable of managing property or who has been found to be incapable by a court in Canada or elsewhere.

Crown Administration of Estates Act

22.  The Crown Administration of Estates Act is amended by adding the following section:

Compensation agreements

Definitions

5.1  (1)  In this section,

“compensation” means compensation for services provided under a compensation agreement or the payment of fees and expenses relating to those services, but does not include any amounts that are payable for the provision of legal services within the meaning of the Law Society Act; (“rémunération”)

“compensation agreement” means an agreement with an heir of an estate to which this section applies that provides for compensation, directly or indirectly, to one or more persons or entities on the location, recovery or distribution of any interest in the estate to which the heir is or may be entitled, but does not include an agreement to provide legal services, within the meaning of the Law Society Act, to the heir in respect of the estate; (“entente de rémunération”)

“heir” includes,

(a) a person purporting to be an heir, and

(b) a personal representative or beneficiary of an heir. (“héritier”)

Application of section

(2)  This section applies in respect of an estate if the Public Guardian and Trustee,

(a) is conducting an investigation respecting the estate to determine whether the conditions set out in subsection 1 (1) are satisfied;

(b) has applied for letters of administration or letters probate with respect to the estate; or

(c) has been granted letters of administration or letters probate with respect to the estate.

Compensation agreement to be given to PGT

(3)  A person who wishes to rely on a compensation agreement for the purposes of this Act shall give the original agreement to the Public Guardian and Trustee.

Translation

(4)  A compensation agreement that is written in a language other than English or French shall be accompanied by a certified translation into English or French.

Requirements

(5)  A compensation agreement is not enforceable unless,

(a) it is typed in 10 point or larger font;

(b) it is signed by the heir, as well as by a person, other than a representative or agent of either party to the compensation agreement, who witnessed the signing by the heir;

(c) it sets out,

(i) the legal name and residential address of the heir and of the witness,

(ii) the date on which and the place where the compensation agreement was entered into,

(iii) the name of the estate and the estimated value of the interest in the estate to which the heir is or may be entitled, and

(iv) the services to be provided to or on behalf of the heir under the compensation agreement;

(d) it contains the statements referred to in subsection (6);

(e) it provides for compensation of not more than 10 per cent of the value of the interest in the estate to which the heir is or may be entitled;

(f) it provides that, within 60 days after the day on which a payment is made by the Public Guardian and Trustee of all or part of the interest in the estate to which the heir was determined to be entitled, an accounting acceptable to the Public Guardian and Trustee and containing the information and documents referred to in subsection (9) will be given to the Public Guardian and Trustee and to the heir; and

(g) it meets any other requirements prescribed by regulation made under this Act.

Statements

(6)  For the purposes of clause (5) (d), a compensation agreement shall include the following statements, in a form acceptable to the Public Guardian and Trustee:

1. That the property in respect of which the compensation agreement was entered into is an interest in an estate.

2. That the Public Guardian and Trustee is administering or considering administering the estate named in the compensation agreement.

3. That the heir does not need to sign the compensation agreement in order to claim his or her interest in the estate from the Public Guardian and Trustee.

4. That the heir may contact the Public Guardian and Trustee directly regarding the estate or the heir’s interest in it.

5. That the heir may wish to obtain independent legal advice before signing the compensation agreement.

6. That the heir has not entered into any other compensation agreement or any other arrangement for compensation with respect to the estate or any interest in it.

7. That the estate shall be distributed only to lawful heirs, as determined by Ontario law.

8. Any other statement that, on the date on which the compensation agreement was entered into, was required by the Public Guardian and Trustee to be included in a compensation agreement.

Same, contact information

(7)  The statement referred to in paragraph 4 of subsection (6) shall include the Public Guardian and Trustee’s current contact information, including a full address and telephone and fax numbers.

Same, additional statements

(8)  A statement required to be included in a compensation agreement under paragraph 8 of subsection (6) shall be published by the Public Guardian and Trustee on the website of the Ministry of the Attorney General.

Accounting

(9)  An accounting shall include,

(a) the value of the interest in the estate to which the heir was determined by the Public Guardian and Trustee to be entitled;

(b) the compensation paid under the compensation agreement from the payment of the interest in the estate by the Public Guardian and Trustee, for each person to whom it was paid;

(c) the amount distributed to the heir from the payment of the interest in the estate by the Public Guardian and Trustee; and

(d) proof of every payment and distribution made under the compensation agreement.

Same, additional documents

(10)  If the Public Guardian and Trustee determines that an accounting is not acceptable, the Public Guardian and Trustee may require such additional documents as he or she may specify to be given to the Public Guardian and Trustee and to the heir, within such time as the Public Guardian and Trustee may specify.

Translation

(11)  If an accounting or the documents given under subsection (10) are written in a language other than English or French, the copy of the accounting or documents given to the Public Guardian and Trustee shall be accompanied by a certified translation into English or French.

Copies to heir

(12)  The Public Guardian and Trustee may give to an heir who is a party to a compensation agreement that is in the possession of the Public Guardian and Trustee,

(a) a copy of the compensation agreement; and

(b) a copy of an accounting and of any additional documents given under subsection (10) in relation to the accounting.

Direct payment to heir

(13)  Despite the existence of a compensation agreement or a power of attorney or direction for payment relating to the compensation agreement, the Public Guardian and Trustee may pay all or any part of the interest in the estate to which the heir was determined by the Public Guardian and Trustee to be entitled directly to the heir, if,

(a) the compensation agreement is not given to the Public Guardian and Trustee as required by subsection (3), together with a translation, if one is required by subsection (4);

(b) the compensation agreement does not meet the requirements for enforceability set out in subsection (5);

(c) the Public Guardian and Trustee receives information indicating that a term or condition set out in a compensation agreement has been breached; or

(d) additional documents required under subsection (10) to be given are not given to the Public Guardian and Trustee, together with a translation, if one is required by subsection (11), within the time specified by the Public Guardian and Trustee.

Application to court

(14)  The Public Guardian and Trustee or a party to a compensation agreement may apply to the Superior Court of Justice for a determination of any question or dispute arising from the operation of this section in relation to the compensation agreement, and the court may make such orders or give such directions as it considers just.

Rights unaffected

(15)  Nothing in this section prevents an heir from asserting at any time that the compensation payable under a compensation agreement to which he or she is party is excessive or unjust.

Transition

(16)  This section does not apply in respect of a compensation agreement unless it was entered into on or after the day on which section 22 of Schedule 2 to the Good Government Act, 2009 comes into force.

Regulations

(17)  The Attorney General may make regulations prescribing additional requirements for the purposes of clause (5) (g).

Crown Witnesses Act

23.  (1)  Subsection 6 (9) of the Crown Witnesses Act is repealed.

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

Prohibition

7.  (1)  The following information is confidential and privileged, and, subject to subsection (2), no person shall, directly or indirectly, knowingly disclose any such information:

1. Information respecting the location or change of identity of a person who receives protective assistance under a witness protection program.

2. Information respecting,

i. the provision of protective assistance under a witness protection program, or

ii operational matters relating to the provision of that assistance.

3. Information relating to the application of section 6.

Exceptions

(2)  Information listed in subsection (1) may be disclosed,

(a) if the disclosure of the information is made for the purpose of providing protective assistance under a witness protection program or improving or otherwise administering the program;

(b) if the Attorney General consents to the disclosure of the information;

(c) if the information is important to the ability of an accused person to make full answer and defence;

(d) if the disclosure of the information is essential to the administration of justice; or

(e) in any other circumstance prescribed by the regulations made under this section.

Offence and penalty

(3)  A person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both.

Prosecution

(4)  No prosecution shall be commenced with respect to an alleged contravention of subsection (1) without the consent of the Attorney General or the Deputy Attorney General.

Regulations

(5)  The Attorney General may make regulations,

(a) prescribing additional circumstances in which information listed in subsection (1) may be disclosed, for the purposes of clause (2) (e);

(b) prescribing programs for the purposes of the definition of “witness protection program” in subsection (6).

Definitions

(6)  In this section,

“disclose” means, with respect to information listed in subsection (1), to disclose, release, produce or otherwise make the information available to any person; (“divulguer”)

“witness protection program” means any program providing protective assistance to individuals involved in investigations and prosecutions that is prescribed by the regulations made under this section. (“programme de protection des témoins”)

Development Charges Act, 1997

24.  Section 58 of the Development Charges Act, 1997 is repealed.

Education Act

25.  (1)  Subsection 58.1 (13.1) of the Education Act is repealed.

(2)  Section 257.100 of the Act is repealed.

Election Act

26.  Clause 7 (10) (b) of the Election Act is amended by striking out “infirmity” and substituting “incapacity”.

Environmental Assessment Act

27.  (1)  Paragraph 1 of subsection 32 (1) of the Environmental Assessment Act is repealed.

(2)  Paragraph 4 of subsection 32 (1) of the Act is amended by striking out “1, 2 or 3” at the end and substituting “2 or 3”.

Environmental Protection Act

28.  (1)  Section 34 of the Environmental Protection Act is repealed and the following substituted:

Appeal from decision of Tribunal

34.  A party to a proceeding under this Part before the Tribunal may appeal from its decision on a question of law to the Divisional Court.

No appeal to Lieutenant Governor in Council

Definition

34.1  (1)  In this section,

“old section 34” means section 34 as it read immediately before the day the Good Government Act, 2009 received Royal Assent.

Not subject to appeal

(2)  Every decision of the Tribunal that is the subject of an appeal to the Lieutenant Governor in Council under the old section 34 that is not disposed of or withdrawn before the day the Good Government Act, 2009 receives Royal Assent is deemed not to be subject to appeal to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council.

Same

(3)  Every decision of the Tribunal that may be the subject of an appeal to the Lieutenant Governor in Council under the old section 34 is deemed not to be subject to appeal to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in Council.

No effect on validity

(4)  Nothing in this section affects the validity of a decision of the Tribunal that, but for subsection 28 (1) of Schedule 2 to the Good Government Act, 2009, was or could have been the subject of an appeal to the Lieutenant Governor in Council under the old section 34.

(2)  Paragraph 1 of subsection 180 (1) of the Act is repealed.

(3)  Paragraph 4 of subsection 180 (1) of the Act is amended by striking out “1, 2 or 3” at the end and substituting “2 or 3”.

Environmental Review Tribunal Act, 2000

29.  Section 8 of the Environmental Review Tribunal Act, 2000 is repealed and the following substituted:

Non-compellability

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

Protection from personal liability

8.1  (1)  No action or other proceeding shall be instituted against a member of the Tribunal, an employee in the Tribunal or any other public servant employed under Part III of the Public Service of Ontario Act, 2006 who is acting under the direction of a member of the Tribunal as a result of any act done in good faith in the performance or intended performance of any duty under any Act or in the exercise or intended exercise of any power under any Act, or of any alleged neglect or default in the performance or exercise in good faith of such duty or power.

Exception

(2)  Subsection (1) does not apply in the case of an application for judicial review or an action or proceeding that is specifically provided for under an Act with respect to a person referred to in that subsection.

Crown liability

(3)  Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by an agent or servant of the Crown to which it would otherwise be subject.

Escheats Act

30.  Subsection 6 (2) of the Escheats Act is repealed and the following substituted:

Transfer, assignment, discharge or disposal of interest in personal property

(2)  Despite any other Act or law, the Public Guardian and Trustee may transfer, assign or discharge, at such price and on such terms as seem proper, or may otherwise dispose of in any manner as seems proper, all or part of any interest in personal property of which he or she has taken possession under this Act.

Estates Administration Act

31.  (1)  The definition of “mental incompetency” in section 1 of the Estates Administration Act is repealed.

(2)  The definition of “mentally incompetent person” in section 1 of the Act is repealed and the following substituted:

“mentally incapable person” means a person who is incapable as defined in the Substitute Decisions Act, 1992, whether or not the person has a guardian or an attorney for property under a continuing power of attorney for property; (“incapable mental”)

(3)  The English version of clause 11 (1) (b) of the Act is amended by striking out “mentally incompetent persons” and substituting “mentally incapable persons”.

(4)  Clause 11 (1) (c) of the Act is repealed and the following substituted:

(c) the written consent of every adult, of the Children’s Lawyer on behalf of every minor, and of the Public Guardian and Trustee on behalf of every mentally incapable person who has no guardian or attorney for property, whose property or interest would be affected, and an affidavit verifying the consent; or

(5)  Clause 11 (1) (d) of the Act is amended,

(a) by adding “or of the Public Guardian and Trustee, as the case may be” after “the certificate of the Children’s Lawyer”; and

(b) by striking out “the judge or Children’s Lawyer” and substituting “the judge, the Children’s Lawyer or the Public Guardian and Trustee”.

(6)  Subsection 17 (2) of the Act is amended,

(a) by striking out “including the Children’s Lawyer acting on behalf of a minor or mentally incompetent person” and substituting “including the Children’s Lawyer acting on behalf of a minor or the Public Guardian and Trustee acting on behalf of a mentally incapable person who has no guardian or attorney for property”;

(b) by striking out “where a mentally incompetent person is beneficially entitled” and substituting “where a minor or a mentally incapable person who has no guardian or attorney for property is beneficially entitled”;

(c) by striking out “where in the opinion of the Children’s Lawyer” and substituting “where in the opinion of the Children’s Lawyer or the Public Guardian and Trustee, as the case may be”;

(d) by striking out “the Children’s Lawyer may, upon proof satisfactory to him or her” and substituting “the Children’s Lawyer or the Public Guardian and Trustee may, upon proof satisfactory to him or her”;

(e) by striking out “approve the sale on behalf of such mentally incompetent person” and substituting “approve the sale on behalf of such minor or mentally incapable person”;

(f) by striking out “any such sale made with the written approval of the Children’s Lawyer is valid and binding upon such mentally incompetent person” and substituting “any such sale made with the written approval of the Children’s Lawyer on behalf of such minor or the Public Guardian and Trustee on behalf of such mentally incapable person is valid and binding upon the minor or mentally incapable person”; and

(g) by adding “and the Public Guardian and Trustee has the same powers and duties as he or she has in the case of mentally incapable persons” after “in the case of minors”.

(7)  Subsection 17 (3) of the Act is amended by striking out “with the written approval of the Children’s Lawyer on behalf of minors or mentally incompetent persons” and substituting “with the written approval of the Children’s Lawyer on behalf of minors or of the Public Guardian and Trustee on behalf of mentally incapable persons who have no guardian or attorney for property”.

(8)  Subsection 17 (6) of the Act is amended by adding “or of the Public Guardian and Trustee, as the case may be” after “the Children’s Lawyer”.

(9)  Section 18 of the Act is amended by adding “or of the Public Guardian and Trustee” after “the Children’s Lawyer”.

(10)  Section 20 of the Act is repealed.

(11)  Clause 22 (1) (b) of the Act is amended by striking out “or mentally incompetent person” and substituting “or the Public Guardian and Trustee acting on behalf of a mentally incapable person who has no guardian or attorney for property”.

(12)  Subsection 22 (2) of the Act is amended by adding “or of the Public Guardian and Trustee” after “the Children’s Lawyer”.

Evidence Act

32.  (1)  Section 14 of the Evidence Act is repealed and the following substituted:

Actions by or against incapable persons, etc.

14.  An opposite or interested party in an action by or against one of the following persons shall not obtain a verdict, judgment or decision on the party’s own evidence, unless the evidence is corroborated by some other material evidence:

1. A person who has been found,

i. incapable of managing property under the Substitute Decisions Act, 1992 or under the Mental Health Act,

ii. incapable of personal care under the Substitute Decisions Act, 1992, or

iii. incapable by a court in Canada or elsewhere.

2. A patient in a psychiatric facility.

3. A person who, because of a mental disorder within the meaning of the Mental Health Act, is incapable of giving evidence.

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

Affirmation in lieu of oath

(1)  A person may, instead of taking an oath, make an affirmation or declaration that is of the same force and effect as if the person had taken an oath in the usual form.

Expropriations Act

33.  (1)  Subsection 22 (2) of the Expropriations Act is amended,

(a) by striking out “a minor, a mental incompetent or a person incapable of managing his or her affairs” and substituting “a minor or a person who is incapable as defined in the Substitute Decisions Act, 1992, whether or not the person has a guardian”; and

(b) by striking out “to be under the disability or, in the case of death while under the disability” and substituting “to be a minor or incapable or, in the case of death while a minor or incapable”.

(2)  Section 27 of the Act is amended by adding the following subsections:

Protection from personal liability

(7)  No action or other proceeding shall be instituted against a member of the board of negotiation or an employee appointed under Part III of the Public Service of Ontario Act, 2006 to work for the board of negotiation as a result of any act done in good faith in the performance or intended performance of any duty under any Act or in the exercise or intended exercise of any power under any Act, or of any alleged neglect or default in the performance or exercise in good faith of such duty or power.

Exception

(8)  Subsection (7) does not apply in the case of an application for judicial review or an action or proceeding that is specifically provided for under an Act with respect to a person referred to in that subsection.

Crown liability

(9)  Subsection (7) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by an agent or servant of the Crown to which it would otherwise be subject.

(3)  Subsection 31 (4) of the Act is amended by striking out “Sections 95 and 96 of the Ontario Municipal Board Act do not apply” at the beginning and substituting “Section 96 of the Ontario Municipal Board Act does not apply”.

Family Law Act

34.  (1)  Clause (a) of the definition of “net family property” in subsection 4 (1) of the Family Law Act is repealed and the following substituted:

(a) the spouse’s debts and other liabilities, and

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

Net family property, liabilities

(1.1)  The liabilities referred to in clauses (a) and (b) of the definition of “net family property” in subsection (1) include any applicable contingent tax liabilities in respect of the property.

(3)  Section 35 of the Act is amended by adding the following subsection:

Interpretation

(1.1)  For the purposes of subsection (1), a party to a domestic contract includes a party’s guardian of property or attorney for property, if the guardian or attorney entered into the domestic contract on behalf of the party under the authority of subsection 55 (3).

(4)  Subsection 55 (3) of the Act is repealed and the following substituted:

Guardian, attorney

(3)  If a mentally incapable person has a guardian of property or an attorney under a continuing power of attorney for property, and the guardian or attorney is not his or her spouse, the guardian or attorney may enter into a domestic contract or give any waiver or consent under this Act on the person’s behalf, subject to the court’s prior approval.

(5)  Section 59.5 of the Act is repealed.

Human Rights Code

35.  (1)  Subsection 11 (2) of the Human Rights Code is amended by striking out “The Commission, the Tribunal” at the beginning and substituting “The Tribunal”.

(2)  Subsection 11 (3) of the Act is amended by striking out “The Commission, the Tribunal” at the beginning and substituting “The Tribunal”.

(3)  Section 45.8 of the Act is amended by striking out “45.6” and substituting “45.7”.

Independent Health Facilities Act

36.  (1)  Subsections 19 (4), (5) and (6) of the Independent Health Facilities Act are repealed.

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

No petition to Lieutenant Governor in Council

Definition

19.1  (1)  In this section,

“old subsection 19 (4)” means subsection 19 (4) as it read immediately before the day the Good Government Act, 2009 received Royal Assent.

Not subject to petition

(2)  Every direction of the Minister that is the subject of a petition filed under the old subsection 19 (4) that is not disposed of or withdrawn before the day the Good Government Act, 2009 receives Royal Assent is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council.

Same

(3)  Every direction of the Minister that may be the subject of a petition under the old subsection 19 (4) is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in Council.

No effect on validity

(4)  Nothing in this section affects the validity of a direction of the Minister that, but for subsection 36 (1) of Schedule 2 to the Good Government Act, 2009 and this section, was or could have been the subject of a petition filed under the old subsection 19 (4).

Interprovincial Summonses Act

37.  (1)  Subsection 5 (1) of the Interprovincial Summonses Act is amended by striking out “in any court” in the portion before clause (a).

(2)  Clause 5 (1) (b) of the Act is amended by striking out “proceedings” and substituting “proceeding”.

Juries Act

38.  (1)  Clause 4 (b) of the Juries Act is amended by striking out “an indictable offence” and substituting “an offence that may be prosecuted by indictment”.

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

Criminal record check

18.2  (1)  For the purposes of confirming whether clause 4 (b) applies in respect of a person selected under section 18 or 18.1 for inclusion on a jury panel, the sheriff may, in accordance with this section and the regulations, request that a criminal record check, prepared from national data on the Canadian Police Information Centre database, be conducted concerning the person.

Timing

(2)  A criminal record check concerning a person that is requested under subsection (1) shall be obtained by the sheriff before he or she finalizes the jury panel on which the person is to be included.

Collection, use and disclosure of personal information by sheriff

(3)  Subject to any restrictions or conditions set out in the regulations, the sheriff shall collect, directly or indirectly, use and disclose such personal information respecting a person who is the subject of a criminal record check under subsection (1) as is required for the purposes of this section.

Agreement with police force

(4)  The sheriff may enter into an agreement with a police force that is prescribed by the regulations respecting,

(a) the preparation of a criminal record check by the police force for the purposes of this section; and

(b) the collection, use and disclosure of personal information by the police force for the purposes of the criminal record check.

Removal and replacement

(5)  If, on review of a person’s criminal record check, the sheriff determines that clause 4 (b) applies in respect of the person, the sheriff shall,

(a) remove the person from the jury panel on which the person was to have been included;

(b) remove the person’s name and other information from the jury roll for the applicable year; and

(c) draft, in accordance with section 18 or 18.1, as the case may be, another person for the jury panel to replace the person who was removed.

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

Automated procedure for empanelling jury in civil cases

27.1  Where a trial is in respect of a civil proceeding, instead of following the procedure described in section 27 to select a jury, any electronic or other automated procedure may be used to accomplish the same result.

(4)  Section 28 of the Act is amended by adding “or 27.1” after “section 27”.

(5)  Section 29 of the Act is repealed and the following substituted:

Several causes may be tried in succession with the same jury

29.  (1)  Despite sections 27, 27.1 and 28, unless a party objects, the court may try any issue or assess damages with a jury previously selected to try any other issue or to assess damages.

Same

(2)  Despite subsection (1), unless a party objects, the court may order any juror from the previously selected jury whom both parties consent to withdraw or who may be justly challenged or excused by the court, to retire and may cause another juror to be selected in accordance with section 27 or 27.1, as the case may be, in his or her place, in which case the issue shall be tried or the damages assessed with the remaining members of the previously selected jury and the new juror or jurors, as the case may be, who appear and are approved as indifferent.

(6)  Section 37 of the Act is amended by striking out “Lieutenant Governor in Council” in the portion before clause (a) and substituting “Attorney General”.

(7)  Section 37 of the Act is amended by adding the following clauses:

(b.1) setting out restrictions or conditions that apply to the collection, use or disclosure of personal information by the sheriff, for the purposes of subsection 18.2 (3);

(b.2) prescribing a police force for the purposes of subsection 18.2 (4);

Justices of the Peace Act

39.  (1)  Clause 2.1 (15) (b) of the Justices of the Peace Act is amended by striking out “or a community college”.

(2)  Subsection 2.1 (15) of the Act is amended by adding the following clause:

(b.1) has been granted by a post-secondary institution, other than a college of applied arts and technology or a university, a diploma, certificate or other document evidencing successful completion of a program that can reasonably be considered to be equivalent to a program offered by a college of applied arts and technology and described in clause (b);

(3)  Paragraph 3 of subsection 5.1 (1) of the Act is repealed and the following substituted:

3. The justice of the peace has retired or will retire as a full-time or part-time justice of the peace before the effective date of the change in designation.

4. The justice of the peace will be under 75 years of age on the effective date of the change in designation.

(4)  Subsections 5.1 (2) and (3) of the Act are repealed and the following substituted:

Cessation at 65 years

(2)  Subject to subsection (3), a per diem justice of the peace shall not continue in office once he or she reaches 65 years of age.

Continuation in office

(3)  A per diem justice of the peace who is 65 years of age or older may, subject to the annual approval of the Chief Justice of the Ontario Court of Justice, continue in office until he or she reaches 75 years of age.

Criteria for approval

(4)  The Chief Justice of the Ontario Court of Justice shall determine whether to grant approval under subsection (3) in accordance with the criteria developed and approved under subsection 6 (5).

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

Retirement at 65 years

6.  (1)  Subject to subsections (2) and (3), every full-time or part-time justice of the peace shall retire when he or she reaches 65 years of age.

Continuation in office

(2)  A full-time or part-time justice of the peace who is 65 years of age or older may, subject to the annual approval of the Chief Justice of the Ontario Court of Justice, continue in office until he or she reaches 75 years of age.

Same

(3)  A justice of the peace who continues in office in accordance with subsection (2) after reaching 65 years of age continues as a full-time or part-time justice of the peace in accordance with the office he or she held before reaching 65 years of age, subject to a change in designation under section 5.1.

Regional senior justice of the peace

(4)  A regional senior justice of the peace of the Ontario Court of Justice may continue in that office after reaching 65 years of age, subject to the annual approval of the Chief Justice of the Ontario Court of Justice, until the earlier of,

(a) the expiry of his or her term of office, including any renewal under subsection 16 (5); or

(b) when he or she reaches 75 years of age.

Criteria for approval

(5)  The Chief Justice of the Ontario Court of Justice shall determine whether to grant approval under subsection (2) or (4) in accordance with criteria developed by the Chief Justice and approved by the Review Council.

(6)  Subsection 8 (2) of the Act is amended by adding the following clause:

(b.1) to approve criteria under subsection 6 (5) for granting approval for justices of the peace to continue in office once they reach 65 years of age;

(7)  Subsection 13.1 (1) of the Act is repealed and the following substituted:

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

Decision after resignation, etc.

(1)  A justice of the peace may give a decision or participate in the giving of a decision in any matter previously tried or heard before the justice of the peace within 90 days after,

(a) resigning;

(b) being appointed to a court; or

(c) retiring and ceasing to continue in office.

Lakes and Rivers Improvement Act

40.  Section 12 of the Lakes and Rivers Improvement Act is repealed and the following substituted:

No petition to Lieutenant Governor in Council

Definition

12.  (1)  In this section,

“old section 12” means this section as it read immediately before the day the Good Government Act, 2009 received Royal Assent.

Not subject to petition

(2)  Every refusal or order of the Minister that is the subject of a petition filed under the old section 12 that is not disposed of or withdrawn before the day the Good Government Act, 2009 receives Royal Assent is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council.

Same

(3)  Every refusal or order of the Minister that may be the subject of a petition under the old section 12 is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in Council.

No effect on validity

(4)  Nothing in this section affects the validity of a refusal or order of the Minister that, but for section 40 of Schedule 2 to the Good Government Act, 2009, was or could have been the subject of a petition filed under the old section 12.

Land Titles Act

41.  (1)  Subsection 28 (1) of the Land Titles Act is amended by striking out “If a minor, mentally incapable person, person of unsound mind” at the beginning and substituting “If a minor, person who is incapable as defined in the Substitute Decisions Act, 1992, whether or not the person has a guardian”.

(2)  The English version of subsection 28 (1) of the Act is amended by striking out “the minor, mentally incapable person, person of unsound mind” and substituting “the minor, person who is incapable”.

(3)  Subsection 28 (3) of the Act is amended by striking out “mentally incapable person, person of unsound mind” and substituting “person who is incapable as defined in the Substitute Decisions Act, 1992”.

(4)  Subsection 57 (5.1) of the Act is amended by striking out “in the case of a person under the disability of minority, mental incompetency or unsoundness of mind, within six years from the date at which the disability ceased” at the end and substituting “in the case of a minor or a person who is incapable as defined in the Substitute Decisions Act, 1992, within six years from the date on which the minority or incapacity ceased”.

(5)  Subsection 136 (1) of the Act is amended,

(a) by striking out “Despite section 3 of the Bail Act” at the beginning of the portion before clause (a); and

(b) by striking out “that Act” in the portion before clause (a) and substituting “the Bail Act”.

Law Society Act

42.  Section 59.2 of the Law Society Act is amended by adding the following subsections:

Temporary members

(6)  If the number of members of the Committee available to consider an application under section 59.3 is insufficient to form a quorum under subsection (3), the Foundation may appoint the number of temporary members needed in order to form a quorum.

Notice of appointment

(7)  The Foundation shall provide notice of each appointment under subsection (6) to the Attorney General as soon as reasonably practicable, and the notice shall include the reasons for the appointment.

Expiry of appointment

(8)  The appointment of a temporary member expires on the earliest of the following dates:

1. The date on which the temporary member is no longer needed in order to form a quorum.

2. If the application is granted, the date on which the proceeding in respect of which the application is made is finally disposed of.

3. If the application is not granted, the date on which it is denied.

4. The third anniversary of the appointment.

Reappointment

(9)  A temporary member whose appointment expires under paragraph 4 of subsection (8) may be reappointed by the Foundation, and subsections (7) and (8) apply with necessary modifications in respect of the reappointment.

Remuneration

(10)  Subsection (5) applies with necessary modifications with respect to the remuneration of a temporary member.

Legislation Act, 2006

43.  (1)  Clause (a) of the definition of “consolidated law” in subsection 1 (1) of the Legislation Act, 2006 is amended by adding “(Regulations)” after “Part III”.

(2)  Clause (b) of the definition of “consolidated law” in subsection 1 (1) of the Act is amended by adding “(Change Powers)” after “Part V”.

(3)  Clause (b) of the definition of “source law” in subsection 1 (1) of the Act is amended by adding “(Regulations)” after “Part III”.

(4)  The French version of subsection 5 (1) of the Act is amended by striking out “citation d’une loi” in the portion before clause (a) and substituting “référence à une loi”.

(5)  The French version of subsection 5 (2) of the Act is amended by striking out “citation d’une loi” and substituting “référence à une loi”.

(6)  The French version of subsection 5 (3) of the Act is amended,

(a) by striking out “citation d’une loi” and substituting “référence à une loi”; and

(b) by striking out “citation législative” and substituting “référence législative”.

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

Repeal of unproclaimed Acts, provisions

Annual report

10.1  (1)  On one of the first five days on which the Legislative Assembly sits in each calendar year, the Attorney General shall table in the Assembly a report listing every Act or provision of an Act that,

(a) is to come into force on a day to be named by proclamation of the Lieutenant Governor;

(b) was enacted nine years or more before December 31 of the preceding calendar year; and

(c) was not in force on December 31 of the preceding calendar year.

Repeal

(2)  Every Act or provision listed in the annual report is repealed on December 31 of the calendar year in which the report is tabled unless,

(a) it comes into force on or before December 31 of that calendar year; or

(b) during that calendar year, the Assembly adopts a resolution that the Act or provision listed in the report not be repealed.

Publication

(3)  The Attorney General shall, in each calendar year, publish on the e-Laws website a list of every Act or provision repealed under this section on December 31 of the preceding calendar year, and may publish the list in any other manner that he or she considers appropriate.

First report

(4)  The first report under subsection (1) shall be tabled in 2011.

(8)  Subsection 15 (2) of the Act is amended by striking out “a corrected Act is published” and substituting “a corrected Act is promptly published”.

(9)  Subsection 15 (3) of the Act is amended by striking out “in the circumstances” at the end.

(10)  Subsection 15 (4) of the Act is repealed and the following substituted:

Notice

(4)  Where subsection (2) or (3) applies, the Chief Legislative Counsel may, if he or she considers it appropriate, publish a notice of correction on the e-Laws website or in print.

(11)  The French version of clause 16 (a) of the Act is amended,

(a) by striking out “citation des lois” and substituting “référence aux lois”; and

(b) by striking out “modes de citation” and substituting “modes de référence”.

(12)  Subsection 27 (1) of the Act is amended by striking out “the Registrar shall promptly publish a corrected regulation” and substituting “he or she shall ensure that a corrected regulation is promptly published”.

(13)  Subsection 27 (2) of the Act is repealed and the following substituted:

Notice of correction on e-Laws website

(2)  Where subsection (1) applies, the Registrar may, if he or she considers it appropriate, publish a notice of correction on the e-Laws website.

(14)  Subsection 27 (3) of the Act is amended by striking out “the Registrar shall, as soon as possible” and substituting “the Registrar may, if he or she considers it appropriate”.

(15)  Subsections 27 (4) and (5) of the Act are repealed and the following substituted:

Same

(4)  A notice of correction published under subsection (3) may include a corrected regulation, if the Registrar considers it appropriate.

(16)  The French version of subsection 30 (1) of the Act is amended by striking out “citation d’un règlement” and substituting “référence à un règlement”.

(17)  The French version of subsection 30 (3) of the Act is amended by striking out “citation d’un règlement” in the portion before clause (a) and substituting “référence à un règlement”.

(18)  The French version of subsection 30 (4) of the Act is amended,

(a) by striking out “citation d’un règlement” and substituting “référence à un règlement”; and

(b) by striking out “citation législative” and substituting “référence législative”.

(19)  The French version of clause 32 (b) of the Act is amended,

(a) by striking out “citation des règlements” and substituting “référence aux règlements”; and

(b) by striking out “modes de citation” and substituting “modes de référence”.

(20)  The French version of subsection 35 (2) of the Act is amended by striking out “avis de non-responsabilité” and substituting “avertissement”.

(21)  The French version of subsection 35 (3) of the Act is amended by striking out “d’un avis de non-responsabilité si cet avis” and substituting “d’un avertissement si l’avertissement”.

(22)  Subsection 42 (2) of the Act is amended by adding the following paragraphs:

2.1 Make such minor changes as may be required to ensure a consistent form of expression.

2.2 Make such minor changes as may be required to make the form of expression of an Act or regulation in French or in English more compatible with its form of expression in the other language.

(23)  The French version of paragraph 7 of subsection 42 (2) of the Act is amended by striking out “modes de citation des lois ou des règlements” and substituting “modes de référence aux lois ou aux règlements”.

(24)  The French version of subsection 42 (4) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Erreur de codification

(4)  Si le premier conseiller législatif se rend compte qu’une erreur s’est produite lors du processus de publication ou de codification d’un texte législatif codifié :

. . . . .

(25)  Subsection 43 (3) of the Act is amended by adding “or of a correction made under subsection 42 (4)” after “notice of a change made under paragraphs 1 to 3 of subsection 42 (2)” in the portion before clause (a).

(26)  Clause 43 (3) (a) of the Act is amended by adding “or correction” after “change”.

(27)  Subsection 43 (4) of the Act is repealed and the following substituted:

Notice

(4)  In providing notice of a change under subsection (1) or (2), the Chief Legislative Counsel shall state the change or the nature of the change.

(28)  Clause 62 (4) (a) of the Act is repealed and the following substituted:

(a) the incorporated document is readily available to the public, on and after the day the regulation or amending regulation containing the reference is filed under Part III (Regulations); and

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

Delegation of regulation-making power

80.1  (1)  A person on whom an Act confers power to make a regulation may delegate the power only if an Act specifically authorizes the delegation of that regulation-making power.

Exception

(2)  Subsection (1) does not apply in respect of orders made under section 17 of the Ontario Planning and Development Act, 1994, section 47 of the Planning Act, or a predecessor of either of those sections.

(30)  The definition of “mentally incompetent” in section 87 of the Act is repealed.

(31)  The definition of “regulation” in section 87 of the Act is amended by striking out “as defined in Part III” and substituting “that is filed under Part III (Regulations)”.

(32)  Subsection 88 (2) of the Act is amended by adding the following paragraph:

2.1 Family Day.

(33)  Paragraphs 2 and 3 of subsection 89 (6) of the Act are repealed and the following substituted:

2. 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.

(34)  Subsection 98 (4) of the Act is repealed and the following substituted:

Consolidation

(4)  The Chief Legislative Counsel may at any time cause an Act that is unconsolidated and unrepealed to be consolidated and published on the e-Laws website as consolidated law.

French version

(5)  If the Chief Legislative Counsel causes an Act to be consolidated under subsection (4), he or she shall, in the case of a public Act, or may, in the case of a private Act,

(a) prepare a French version of the Act; and

(b) cause the French version to be consolidated and published on the e-Laws website as consolidated law together with the English version.

Revision

(6)  For the purposes of consolidating an Act under subsection (4), Part V (Change Powers) applies in respect of the consolidated Act with the following modifications:

1. Subsection 42 (2) shall be read as including power to,

i. omit provisions that are obsolete, and

ii. alter the numbering and arrangement of provisions.

2. Subsection 42 (3) does not apply.

3. Subsection 43 (1) shall be read as including reference to the changes referred to in subparagraphs 1 i and ii.

(35)  Subsection 99 (3) of the Act is repealed and the following substituted:

Consolidation

(3)  The Chief Legislative Counsel may at any time cause a regulation that is unconsolidated and unrevoked to be consolidated and published on the e-Laws website as consolidated law.

French version

(4)  If the Chief Legislative Counsel causes a regulation to be consolidated under subsection (3), he or she may,

(a) prepare a French version of the regulation; and

(b) cause the French version to be consolidated and published on the e-Laws website as consolidated law together with the English version.

Revision

(5)  For the purposes of consolidating a regulation under subsection (3), Part V (Change Powers) applies in respect of the consolidated regulation with the following modifications:

1. Subsection 42 (2) shall be read as including power to,

i. omit provisions that are obsolete, and

ii. alter the numbering and arrangement of provisions.

2. Subsection 42 (3) does not apply.

3. Subsection 43 (1) shall be read as including reference to the changes referred to in subparagraphs 1 i and ii.

Limited Partnerships Act

44.  (1)  Clause 8 (g) of the Limited Partnerships Act is repealed and the following substituted:

(g) continue the business of the limited partnership if a general partner dies, retires or becomes incapable as defined in the Substitute Decisions Act, 1992 or a corporate general partner is dissolved, unless the right to do so is given in the partnership agreement.

(2)  Section 21 of the Act is amended by striking out “The retirement, death or mental incompetence of a general partner or dissolution of a corporate general partner” at the beginning of the portion before clause (a) and substituting “A general partner’s retirement, death or incapacity to manage property within the meaning of the Substitute Decisions Act, 1992 or a corporate general partner’s dissolution”.

Local Health System Integration Act, 2006

45.  Paragraph 1 of subsection 4 (3) of the Local Health System Integration Act, 2006 is repealed.

Ministry of the Attorney General Act

46.  The Ministry of the Attorney General Act is amended by adding the following section:

Limit on proceedings against Crown Attorneys, etc.

8.  (1)  No action or other proceeding for damages shall be commenced by a person who is or was the subject of a prosecution, in respect of any act done or omitted to be done in the performance or purported performance of a duty or authority in relation to the prosecution, against any of the following:

1. A Crown Attorney, Deputy Crown Attorney or assistant Crown Attorney appointed under the Crown Attorneys Act.

2. A person authorized under section 6 of the Crown Attorneys Act to be a provincial prosecutor.

3. Any other employee appointed for the purposes of section 4.

4. A person who was, but no longer is, a person described in paragraph 1, 2 or 3.

Proceedings against Attorney General

(2)  An action or other proceeding described in subsection (1) may be commenced against the Attorney General by a person who is or was the subject of a prosecution and, for the purpose, the Attorney General stands in the place of the person against whom the action or other proceeding would have been brought but for that subsection, and may be found liable in his or her stead.

Same

(3)  An action or other proceeding may only be brought against the Attorney General under subsection (2) if, but for subsection (1), the action or proceeding could have been brought against a person referred to in that subsection.

Liability without prejudice

(4)  A finding of liability against the Attorney General under subsection (2) is without prejudice to the right of the Attorney General or the Crown to indemnity or other relief from the person in whose place the Attorney General stood in the action or other proceeding.

Notice of claim; discovery; service; trial without jury; payment by Attorney General

(5)  Subsections 7 (1) and (2) and sections 8, 10, 11 and 22 of the Proceedings Against the Crown Act apply, with necessary modifications, to an action or other proceeding under subsection (2) and, for the purpose, a reference to the Crown shall be read as a reference to the Attorney General.

Municipal Act, 2001

47.  (1)  Subsection 183 (4) of the Municipal Act, 2001 is repealed.

(2)  Subsection 474.14 (3) of the Act is amended by striking out “Sections 94 and 95 of the Ontario Municipal Board Act do not apply” at the beginning and substituting “Section 94 of the Ontario Municipal Board Act does not apply”.

Nipissing University Act, 1992

48.  Subsection 32 (2) of the Nipissing University Act, 1992, being chapter Pr52, is repealed.

Nutrient Management Act, 2002

49.  (1)  Paragraph 1 of subsection 57 (5) of the Nutrient Management Act, 2002 is repealed and the following substituted:

1. A member of a committee described in clause 6 (2) (z.2).

(2)  Paragraph 4 of subsection 57 (5) of the Act is amended by striking out “1, 2 or 3” at the end and substituting “2 or 3”.

Ontario College of Art & Design Act, 2002

50.  Subsection 11 (7) of the Ontario College of Art & Design Act, 2002 is repealed.

Ontario Energy Board Act, 1998

51.  (1)  Subsection 6 (9) of the Ontario Energy Board Act, 1998 is amended by striking out “sections 33 and 34” and substituting “section 33”.

(2)  Section 34 of the Act is repealed and the following substituted:

No petition to Lieutenant Governor in Council

Definition

34.  (1)  In this section,

“old section 34” means this section as it read immediately before the day the Good Government Act, 2009 received Royal Assent.

Not subject to petition

(2)  Every order, rule or code of the Board that is the subject of a petition filed under the old section 34 that is not disposed of or withdrawn before the day the Good Government Act, 2009 receives Royal Assent is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council.

Same

(3)  Every order, rule or code of the Board that may be the subject of a petition under the old section 34 is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in Council.

No effect on validity

(4)  Nothing in this section affects the validity of an order, rule or code of the Board that, but for subsection 51 (2) of Schedule 2 to the Good Government Act, 2009, was or could have been the subject of a petition filed under the old section 34.

Ontario Heritage Act

52.  (1)  The Ontario Heritage Act is amended by adding the following section:

Protection from personal liability

24.1  (1)  No action or other proceeding shall be instituted against a member of the Review Board or an employee appointed under Part III of the Public Service of Ontario Act, 2006 to work for the Review Board as a result of any act done in good faith in the performance or intended performance of any duty under any Act or in the exercise or intended exercise of any power under any Act, or of any alleged neglect or default in the performance or exercise in good faith of such duty or power.

Exception

(2)  Subsection (1) does not apply in the case of an application for judicial review or an action or proceeding that is specifically provided for under an Act with respect to a person referred to in that subsection.

Crown liability

(3)  Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by an agent or servant of the Crown to which it would otherwise be subject.

(2)  Subsection 68.1 (3) of the Act is repealed.

Ontario Law Reform Commission Act

53.  The Ontario Law Reform Commission Act is repealed.

Ontario Municipal Board Act

54.  (1)  Section 6 of the Ontario Municipal Board Act is repealed.

(2)  Sections 18, 19 and 20 of the Act are repealed.

(3)  Section 95 of the Act is repealed and the following substituted:

No petition to Lieutenant Governor in Council

Definition

95.  (1)  In this section,

“old section 95” means this section as it read immediately before the day the Good Government Act, 2009 received Royal Assent.

Not subject to petition

(2)  Every order or decision of the Board that is the subject of a petition filed under the old section 95 that is not disposed of or withdrawn before the day the Good Government Act, 2009 receives Royal Assent is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council.

Same

(3)  Every order or decision of the Board that may be the subject of a petition under the old section 95 is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in Council.

No effect on validity

(4)  Nothing in this section affects the validity of an order or decision of the Board that, but for subsection 54 (3) of Schedule 2 to the Good Government Act, 2009, was or could have been the subject of a petition filed under the old section 95.

(4)  Subsection 96 (4) of the Act is amended by striking out “in sections 43 and 95” in the portion before clause (a) and substituting “in section 43”.

Ontario Water Resources Act

55.  (1)  Section 9 of the Ontario Water Resources Act is repealed and the following substituted:

Appeal from Tribunal decision

9.  A party to a proceeding under section 7 may appeal from the Tribunal’s decision on a question of law to the Divisional Court.

No appeal to Lieutenant Governor in Council

Definition

9.1  (1)  In this section,

“old section 9” means section 9 as it read immediately before the day the Good Government Act, 2009 received Royal Assent.

Not subject to appeal

(2)  Every decision of the Tribunal that is the subject of an appeal to the Lieutenant Governor in Council under the old section 9 that is not disposed of or withdrawn before the day the Good Government Act, 2009 receives Royal Assent is deemed not to be subject to appeal to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council.

Same

(3)  Every decision of the Tribunal that may be the subject of an appeal to the Lieutenant Governor in Council under the old section 9 is deemed not to be subject to appeal to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in Council.

No effect on validity

(4)  Nothing in this section affects the validity of a decision of the Tribunal that, but for subsection 55 (1) of Schedule 2 to the Good Government Act, 2009, was or could have been the subject of an appeal to the Lieutenant Governor in Council under the old section 9.

(2)  Subsection 73 (5) of the Act is repealed.

(3)  Subsection 74 (9) of the Act is repealed.

(4)  The French version of subsection 74 (10) of the Act is amended,

(a) by striking out “ou un décret pris ou une ordonnance rendue” and substituting “pris”; and

(b) by striking out “ou le décret” at the end.

(5)  The French version of subsection 74 (12) of the Act is amended by striking out “ou d’un décret pris ou d’une ordonnance rendue” and substituting “pris”.

(6)  The French version of subsection 74 (13) of the Act is amended,

(a) by striking out “ou d’un décret pris ou d’une ordonnance rendue” and substituting “pris”; and

(b) by striking out “, du décret ou de l’ordonnance”.

(7)  Subsection 74 (14) of the Act is repealed.

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

No petition to Lieutenant Governor in Council

Definition

74.1  (1)  In this section,

“old section 74” means section 74 as it read immediately before the day the Good Government Act, 2009 received Royal Assent.

Not subject to petition

(2)  Every order made under the old section 74, or rate or charge imposed by such an order, that is the subject of a petition filed under subsection (9) or (14) of that section, as the case may be, that is not disposed of or withdrawn before the day the Good Government Act, 2009 receives Royal Assent is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council.

Same

(3)  Every order made under the old section 74, or rate or charge imposed by such an order, that may be the subject of a petition filed under subsection (9) or (14) of that section, as the case may be, is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in Council.

No effect on validity

(4)  Nothing in this section affects the validity of an order, or rate or charge imposed by an order, that, but for subsection 55 (3) or (7) of Schedule 2 to the Good Government Act, 2009 and this section, was or could have been the subject of a petition filed under subsection (9) or (14) of the old section 74.

(9)  Paragraph 1 of subsection 93 (1) of the Act is repealed.

(10)  Paragraph 3 of subsection 93 (1) of the Act is amended by striking out “1 or 2” at the end and substituting “2”.

Partition Act

56.  Section 6 of the Partition Act is amended by striking out “a minor or mentally incompetent person, party to the proceedings by which the sale or partition is made or declared, as of a person” and substituting “a party to the proceedings by which the sale or partition is made or declared who is a minor or is incapable as defined in the Substitute Decisions Act, 1992, as of a party”.

Partnerships Act

57.  (1)  Clause 35 (a) of the Partnerships Act is repealed and the following substituted:

(a) when a partner is found to be incapable as defined in the Substitute Decisions Act, 1992;

(2)  Section 35 of the Act is amended by adding the following subsection:

Application where incapacity

(2)  In the case of an application under clause (1) (a), the application may be made by the litigation guardian of the partner found to be incapable, on the partner’s behalf.

Pesticides Act

58.  Paragraph 1 of subsection 16 (1) of the Pesticides Act is repealed and the following substituted:

1. A member of the Committee.

Planning Act

59.  (1)  Section 64 of the Planning Act is repealed.

(2)  Clause 74 (4) (b) of the Act is amended by striking out “but in either case, section 95 of the Ontario Municipal Board Act applies and section 64 of this Act does not apply in respect of the final disposition of the matter” at the end.

(3)  Clause 74 (6) (b) of the Act is amended by striking out “but in either case, section 95 of the Ontario Municipal Board Act applies and section 64 of this Act does not apply in respect of the final disposition of the matter” at the end.

Police Services Act

60.  (1)  Paragraph 5 of subsection 58 (2) of the Police Services Act is repealed.

(2)  Subsection 85 (10) of the Act is amended by striking out “or an employee of the Ontario Provincial Police”.

(3)  Section 113 of the Act is amended by adding the following subsection:

Acting director

(3.1)  The director may designate a person, other than a police officer or former police officer, as acting director to exercise the powers and perform the duties of the director if the director is absent or unable to act.

(4)  Subsection 113 (4) of the Act is amended by striking out “The director” at the beginning and substituting “The director, acting director”.

Professional Engineers Act

61.  Subclause 28 (4) (k) (ii) of the Professional Engineers Act is amended by striking out “handicap” and substituting “incapacity”.

Public Guardian and Trustee Act

62.  (1)  Subsection 10.3 (1) of the Public Guardian and Trustee Act is repealed and the following substituted:

Access to personal information

(1)  For the purpose of identifying and locating minors and other persons who may be entitled to assets held by the Accountant of the Superior Court of Justice, the Public Guardian and Trustee is entitled to collect personal information from any source and to retain, use and disclose the personal information.

(2)  Subsection 10.3 (2) of the Act is amended by striking out “clause (1) (a)” at the end and substituting “subsection (1)”.

(3)  Section 10.3 of the Act is amended by adding the following subsection:

Personal Health Information Protection Act, 2004

(3.1)  For greater certainty, subsection (3) does not affect the disclosure of personal health information by the Minister of Health and Long-Term Care under clause 43 (1) (e) of the Personal Health Information Protection Act, 2004.

(4)  Subsection 10.3 (4) of the Act is amended by striking out “clause (1) (a)” at the end and substituting “subsection (1)”.

(5)  Subsection 10.3 (6) of the Act is repealed.

(6)  Subsection 10.3 (7) of the Act is amended by adding the following definition:

“personal health information” has the same meaning as in the Personal Health Information Protection Act, 2004; (“renseignements personnels sur la santé”)

(7)  Subsection 10.3 (10) of the Act is repealed.

(8)  Subsection 15 (4) of the Act is amended by striking out “Lieutenant Governor in Council” and substituting “Attorney General”.

Real Property Limitations Act

63.  (1)  Section 36 of the Real Property Limitations Act is amended,

(a) by striking out “is under the disability of minority, mental incompetency or unsoundness of mind” and substituting “is a minor or is incapable as defined in the Substitute Decisions Act, 1992, whether or not the person has a guardian”; and

(b) by striking out “any such disability” and substituting “any such minority or incapacity”.

(2)  Section 39 of the Act is amended by striking out “is a minor, mentally incompetent person, of unsound mind, or tenant for life” and substituting “is a minor, is incapable as defined in the Substitute Decisions Act, 1992, whether or not the person has a guardian, or is a tenant for life”.

Registry Act

64.  (1)  Paragraph 6 of subsection 18 (6) of the Registry Act is amended by striking out “under the Mental Incompetency Act” at the end and substituting “under the Substitute Decisions Act, 1992 or the Mental Health Act”.

(2)  Subsection 116 (3) of the Act is amended,

(a) by striking out “a person under the disability of minority, mental incompetency or unsoundness of mind” and substituting “a minor or a person who is incapable as defined in the Substitute Decisions Act, 1992, whether or not the person has a guardian”; and

(b) by striking out “the disability ceased” and substituting “the minority or incapacity ceased”.

Religious Organizations’ Lands Act

65.  (1)  Subsection 10 (1) of the Religious Organizations’ Lands Act is amended by striking out “for one term of forty years or for more than one term of not more than forty years in all”.

(2)  Clause 10 (2) (a) of the Act is amended by striking out “subject to the forty year maximum period specified in subsection (1)”.

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

1. Subsection 23 (1).

2. Subsection 24 (2).

3. Subsections 25 (1) and (2).

Retail Business Holidays Act

66.  Subsection 4.3 (7) of the Retail Business Holidays Act is amended by striking out “Sections 43 and 95 of the Ontario Municipal Board Act do not apply” at the beginning and substituting “Section 43 of the Ontario Municipal Board Act does not apply”.

Safe Drinking Water Act, 2002

67.  (1)  Paragraph 1 of subsection 158 (1) of the Safe Drinking Water Act, 2002 is repealed.

(2)  Paragraph 3 of subsection 158 (1) of the Act is amended by striking out “1 or 2” at the end and substituting “2”.

Settled Estates Act

68.  (1)  Subsection 34 (1) of the Settled Estates Act is amended,

(a) by striking out “to committees on behalf of mentally incompetent persons” and substituting “to the guardian of property, attorney acting under a continuing power of attorney for property or litigation guardian on behalf of persons who are incapable as defined in the Substitute Decisions Act, 1992”; and

(b) by striking out “or person of unsound mind not so found” at the end.

(2)  Subsection 34 (2) of the Act is repealed and the following substituted:

Court approval

(2)  All consents, notifications or notices respecting an application that are given by a guardian of property, attorney acting under a continuing power of attorney for property or litigation guardian on behalf of a person who is incapable as defined in the Substitute Decisions Act, 1992, or by the Children’s Lawyer or other litigation guardian on behalf of a minor, are subject to court approval.

Shortline Railways Act, 1995

69.  Subsection 9 (1) of the Shortline Railways Act, 1995 is amended by striking out “sections 43, 94 and 95” and substituting “sections 43 and 94”.

Solicitors Act

70.  Subsections 33 (3), (4) and (5) of the Solicitors Act are repealed and the following substituted:

Rate to be shown

(3)  The rate of interest applicable to a bill shall be shown on the bill delivered.

Disallowance, variation on assessment

(4)  On the assessment of a solicitor’s bill, if the assessment officer considers it just in the circumstances, the assessment officer may, in respect of the whole or any part of the amount allowed on the assessment,

(a) disallow interest; or

(b) vary the applicable rate of interest.

Regulations

(5)  The Lieutenant Governor in Council may make regulations establishing a maximum rate of interest that may be charged under subsection (1) or (2) or that may be fixed under clause (4) (b).

Substitute Decisions Act, 1992

71.  (1)  Section 3 of the Substitute Decisions Act, 1992 is amended by adding the following subsection:

Same

(3)  Nothing in subsection (2) affects any right of the person to an assessment of a solicitor’s bill under the Solicitors Act or other review of the legal fees and, if it is determined that the person is incapable of managing property, the assessment or other review may be sought on behalf of the person by,

(a) the person’s guardian of property; or

(b) the person’s attorney under a continuing power of attorney for property.

(2)  Clauses 16.1 (c) and (d) of the Act are repealed and the following substituted:

(c) the Public Guardian and Trustee receives,

(i) the original power of attorney, or a copy of it that is authenticated in a manner satisfactory to the Public Guardian and Trustee,

(ii) a written undertaking signed by the attorney to act in accordance with the power of attorney, and

(iii) proof satisfactory to the Public Guardian and Trustee of the identity of the person named as the attorney in the power of attorney; and

(d) if someone has replaced the Public Guardian and Trustee as the statutory guardian under section 17, the statutory guardian receives,

(i) a copy of the power of attorney that is authenticated in a manner satisfactory to the statutory guardian, and

(ii) a written undertaking signed by the attorney to act in accordance with the power of attorney.

(3)  Section 16.1 of the Act is amended by adding the following subsections:

Attorney resigns

(2)  If a statutory guardianship of property is terminated under subsection (1) and, within six months after the termination, the power of attorney is terminated under section 12 because of the attorney’s resignation, the Public Guardian and Trustee or the person who replaced the Public Guardian and Trustee as statutory guardian under section 17, as the case may be, may elect to resume being the incapable person’s statutory guardian of property until another person is appointed as guardian of property under section 17 or 22.

Exception

(3)  Subsection (2) does not apply if any of the events described in paragraph 1, 3 or 4 of section 20 has occurred since the termination of the statutory guardianship of property under subsection (1).

(4)  Section 20 of the Act is amended by adding the following paragraphs:

1.1 The statutory guardianship is terminated under subsection 16.1 (1), except as provided by subsection 16.1 (2).

. . . . .

5. The person dies.

(5)  Clause 24 (5) (c) of the Act is repealed and the following substituted:

(c) the closeness of the relationship of the applicant to the incapable person and, if the applicant is not the proposed guardian, the closeness of the relationship of the proposed guardian to the incapable person.

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

P.G.T., powers of executor

35.  (1)  If the Public Guardian and Trustee is the guardian of property for an incapable person immediately before the person’s death, the Public Guardian and Trustee may, but need not, exercise the powers of an executor to whom the incapable person’s property is given in trust for the payment of debts and the distribution of the residue, until notified of another person’s appointment as personal representative.

Same

(2)  If the Public Guardian and Trustee exercises powers under subsection (1), it may be with respect to all of the property or such portion of the property as the Public Guardian and Trustee determines.

Same

(3)  If the Public Guardian and Trustee exercises powers under subsection (1) only with respect to a portion of the property, the duties and responsibilities of the Public Guardian and Trustee in respect of the property are limited to that portion.

(7)  Clause 57 (3) (c) of the Act is repealed and the following substituted:

(c) the closeness of the relationship of the applicant to the incapable person and, if the applicant is not the proposed guardian, the closeness of the relationship of the proposed guardian to the incapable person.

(8)  Subsection 83 (1) of the Act is amended by striking out “to any record relating to the person who is alleged to be incapable that is in the custody or control of” in the portion before clause (a) and substituting “to any record relating to the person who is alleged to be incapable that the Public Guardian and Trustee reasonably believes to be relevant to the investigation and that is in the custody or control of”.

(9)  Section 83 of the Act is amended by adding the following subsection:

Notice of access

(9)  If the Public Guardian and Trustee obtains access to one or more records under this section, the Public Guardian and Trustee shall, unless it is not appropriate in the circumstances, notify the person who is alleged to be incapable as soon as reasonably possible that,

(a) an allegation was made that the person is incapable of managing property or incapable of personal care and that serious adverse effects are occurring or might occur as a result;

(b) the Public Guardian and Trustee is investigating the allegation as required by this Act; and

(c) the Public Guardian and Trustee has obtained access to one or more records under this section for the purposes of the investigation.

Surveyors Act

72.  Subclause 26 (4) (l) (ii) of the Surveyors Act is amended by striking out “handicap” and substituting “incapacity”.

Time Act

73.  Clause 2 (4) (a) of the Time Act is repealed and the following substituted:

(a) daylight saving time during the period between 2 a.m. standard time on the second Sunday in March and 2 a.m. daylight saving time on the first Sunday in November; and

Toronto Islands Residential Community Stewardship Act, 1993

74.  Paragraph 1 of subsection 14 (2) of the Toronto Islands Residential Community Stewardship Act, 1993 is repealed.

Town of Haldimand Act, 1999

75.  Subsection 13.6 (7) of the Town of Haldimand Act, 1999 is repealed.

Town of Norfolk Act, 1999

76.  Subsection 13.6 (7) of the Town of Norfolk Act, 1999 is repealed.

Toxics Reduction Act, 2009

77.  (1)  Paragraph 1 of subsection 47 (1) of the Toxics Reduction Act, 2009 is repealed.

(2)  Paragraph 4 of subsection 47 (1) of the Act is amended by striking out “1, 2 or 3” at the end and substituting “2 or 3”.

University of Ontario Institute of Technology Act, 2002

78.  Subsection 15 (6) of the University of Ontario Institute of Technology Act, 2002 is repealed.

Revocation of Regulation

79.  Regulation 72 of the Revised Regulations of Ontario, 1990 (Forms) made under the Children’s Law Reform Act is revoked.

Commencement

Commencement

80.  (1)  Subject to subsections (2) to (4), this Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

Same

(2)  The following provisions come into force on a day to be named by proclamation of the Lieutenant Governor:

1. Subsections 20 (1) and (8) to (15).

2. Section 23.

3. Subsections 38 (1), (2) and (7).

4. Section 39.

Same

(3)  Section 22 comes into force 30 days after the day the Good Government Act, 2009 receives Royal Assent.

Same

(4)  Section 77 comes into force on the later of the day subsection 47 (1) of the Toxics Reduction Act, 2009 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

SCHEDULE 3
MINISTRY OF THE ATTORNEY GENERAL (ELECTORAL STATUTES)

Election Act

1.  Subsection 42 (1) of the Election Act is amended by striking out “sections 4, 7, 14, 44 and 55” and substituting “sections 4, 7 and 14, subsection 45 (4) and section 55”.

Election Finances Act

2.  Subsection 44 (2) of the Election Finances Act is repealed and the following substituted:

Increase for certain candidates

(2)  In relation to candidates in electoral districts listed in subsection 38 (3.3), the amount determined under subsection (1) shall be increased by the applicable amount determined under subsection 38 (3.4).

Electoral System Referendum Act, 2007

3.  Section 20 of the Electoral System Referendum Act, 2007 is repealed and the following substituted:

Repeal

20.  (1)  Sections 2 to 11, 17 and 19 and Tables 1 and 2 are repealed on the day the Good Government Act, 2009 receives Royal Assent.

(2)  Section 18 is repealed on the day the Legislature is dissolved for the first time after the 2007 general election.

(3)  The remaining provisions of this Act are repealed on October 10, 2013.

Commencement

Commencement

4.  This Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

SCHEDULE 4
MINISTRY OF THE ATTORNEY GENERAL (PROVINCIAL OFFENCES)

Provincial Offences Act

1.  (1)  The definition of “provincial offences officer” in subsection 1 (1) of the Provincial Offences Act is repealed and the following substituted:

“provincial offences officer” means,

(a) a police officer,

(b) a constable appointed pursuant to any Act,

(c) a municipal law enforcement officer referred to in subsection 101 (4) of the Municipal Act, 2001 or in subsection 79 (1) of the City of Toronto Act, 2006, while in the discharge of his or her duties,

(d) a by-law enforcement officer of any municipality or of any local board of any municipality, while in the discharge of his or her duties,

(e) an officer, employee or agent of any municipality or of any local board of any municipality whose responsibilities include the enforcement of a by-law, an Act or a regulation under an Act, while in the discharge of his or her duties, or

(f) a person designated under subsection (3); (“agent des infractions provinciales”)

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

Issuance and service

(2)  A provincial offences officer who believes that one or more persons have committed an offence may issue, by completing and signing in the form prescribed under section 13,

(a) a certificate of offence certifying that an offence has been committed; and

(b) either an offence notice indicating the set fine for the offence or a summons.

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

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

Filing of certificate of offence

4.  A certificate of offence shall be filed in the office of the court as soon as is practicable, but no later than seven days after service of the offence notice or summons.

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

Having a trial

5.  (1)  A defendant who is served with an offence notice may give notice of intention to appear in court for the purpose of entering a plea and having a trial of the matter.

Notice of intention to appear in offence notice

(2)  If the offence notice includes a part with a notice of intention to appear, the defendant must give notice of intention to appear by,

(a) completing the notice of intention to appear part of the offence notice; and

(b) delivering the offence notice to the court office specified in it in the manner provided in the offence notice.

Notice of intention to appear to be filed in person

(3)  If the offence notice requires the notice of intention to appear to be filed in person, the defendant must give the notice of intention to appear by,

(a) attending in person or by representative at the court office specified in the offence notice at the time or times specified in the offence notice; and

(b) filing a notice of intention to appear in the form prescribed under section 13 with the clerk of the court.

Specified court office

(4)  A notice of intention to appear under subsection (3) is not valid if the defendant files the notice of intention to appear at a court office other than the one specified on the offence notice.

Notice of trial

(5)  Where a notice of intention to appear is received under subsection (2) or (3), the clerk of the court shall, as soon as is practicable, give notice to the defendant and the prosecutor of the time and place of the trial.

Rescheduling time of trial

(6)  The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the notice referred to in subsection (5).

(6)  Section 5.1 of the Act is repealed and the following substituted:

Availability of meeting procedure

5.1  (1)  This section applies where the offence notice requires the notice of intention to appear to be filed in person in the form prescribed under section 13.

Option for meeting with the prosecutor

(2)  Instead of filing a notice of intention to appear under subsection 5 (3), a defendant may request a meeting with the prosecutor to discuss the resolution of the offence by,

(a) indicating that request on the offence notice; and

(b) delivering the offence notice to the court office specified on it within 15 days after the defendant was served with the offence notice.

Notice of meeting time

(3)  Where a defendant requests a meeting with the prosecutor under subsection (2), the clerk of the court shall, as soon as is practicable, give notice to the defendant and the prosecutor of the time and place of their meeting.

Rescheduling the meeting time

(4)  If the time for the meeting scheduled in the notice under subsection (3) is not suitable for the defendant, the defendant may, at least two days before the scheduled time of the meeting, deliver to the clerk of the court one written request to reschedule the time for the meeting and the clerk shall arrange a new meeting time to take place within 30 days of the time scheduled in the notice under subsection (3).

Notice of rescheduled meeting time

(5)  Where a meeting time is rescheduled under subsection (4), the clerk of the court shall, as soon as is practicable, give notice to the defendant and the prosecutor of the rescheduled time and the place of their meeting.

Meeting by electronic method

(6)  The defendant and the prosecutor may, if unable to attend in person because of remoteness, attend their meeting by electronic method in accordance with section 83.1.

Agreement on plea of guilty and submissions

(7)  At their meeting, the defendant and the prosecutor may agree that,

(a) the defendant will enter a guilty plea to the offence or a substituted offence; and

(b) the defendant and the prosecutor will make submissions as to penalty, including an extension of time for payment.

Appearance before justice

(8)  If an agreement is reached under subsection (7), the defendant shall, as directed by the prosecutor,

(a) appear with the prosecutor before a justice sitting in court and orally enter the plea and make submissions; or

(b) appear without the prosecutor before a justice sitting in court within 10 days, enter the plea orally and make the submissions in the form determined by the regulations.

Conviction

(9)  Upon receiving the plea and submissions under subsection (8), the justice may,

(a) require the prosecutor to appear and speak to the submissions, if the submissions were submitted under clause (8) (b); and

(b) enter a conviction and impose the set fine or such other fine as is permitted by law in respect of the offence for which the plea was entered.

If no justice available

(10)  If no justice is available after the meeting to conduct the proceeding under clause (8) (a), the clerk of the court shall, as soon as practicable, give notice to the defendant and the prosecutor of the time and place for their joint appearance before a justice.

Notice of trial

(11)  The clerk of the court shall, as soon as is practicable, give notice to the defendant and the prosecutor of the time and place of the trial if,

(a) an agreement is not reached under subsection (7); or

(b) the justice does not accept the guilty plea and refers the matter to trial.

Rescheduling time of trial

(12)  The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the notice referred to subsection (11).

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

Rescheduling time of trial

5.1.1  The clerk of the court may, for administrative reasons, reschedule the time of the trial under sections 5 and 5.1 by giving a revised notice to the defendant and the prosecutor within 21 days of informing the defendant and the prosecutor of the time and place of the trial under subsections 5 (2) and 5.1 (6), respectively.

(8)  Section 5.1.1 of the Act, as enacted by subsection (7), is repealed.

(9)  Section 5.2 of the Act is repealed.

(10)  Section 6 of the Act is repealed.

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

Plea of guilty with submissions

7.  (1)  A defendant who does not have the option of meeting with the prosecutor under section 5.1 and does not wish to dispute the charge in the offence notice, but wishes to make submissions as to penalty, including an extension of time for payment, may attend at the time and place specified in the notice and may appear before a justice sitting in court for the purpose of pleading guilty to the offence and making submissions as to penalty, and the justice may enter a conviction and impose the set fine or such lesser fine as is permitted by law.

Submissions under oath

(2)  The justice may require submissions under subsection (1) to be made under oath, orally or by affidavit.

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

Payment out of court

8.  (1)  A defendant who does not wish to dispute the charge in the offence notice may, in the manner indicated on the offence notice, pay the set fine and all applicable costs and surcharges fixed by the regulations.

Effect of payment

(2)  Acceptance by the court office of payment under subsection (1) constitutes,

(a) a plea of guilty by the defendant;

(b) conviction of the defendant for the offence; and

(c) imposition of a fine in the amount of the set fine for the offence.

(13)  Section 9 of the Act is repealed and the following substituted:

Deemed not to dispute charge

9.  (1)  A defendant is deemed to not wish to dispute the charge where,

(a) at least 15 days have elapsed after the defendant was served with the offence notice and the defendant did not give notice of intention to appear under section 5, did not request a meeting with the prosecutor in accordance with section 5.1 and did not plead guilty under section 7 or 8;

(b) the defendant requested a meeting with the prosecutor in accordance with section 5.1 but did not attend the scheduled meeting with the prosecutor; or

(c) the defendant reached an agreement with the prosecutor under subsection 5.1 (7) but did not appear at a sentencing hearing with a justice under subsection 5.1 (8).

Action by justice

(2)  Where a defendant is deemed to not wish to dispute the charge, a justice shall examine the certificate of offence and shall,

(a) where the certificate of offence is complete and regular on its face, enter a conviction in the defendant’s absence and without a hearing and impose the set fine for the offence; or

(b) where the certificate of offence is not complete and regular on its face, quash the proceeding.

Conviction without proof of by-law

(3)  Where the offence is in respect of an offence under a by-law of a municipality, the justice shall enter a conviction under clause (2) (a) without proof of the by-law that creates the offence if the certificate of offence is complete and regular on its face.

(14)  Subsection 9.1 (1) of the Act is repealed and the following substituted:

Failure to appear at trial

(1)  A defendant is deemed to not wish to dispute the charge where the defendant has been issued a notice of the time and place of trial and fails to appear at the time and place appointed for the trial.

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

Rescheduling time of trial

(4.1)  If a notice of trial is given, the clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the original notice of trial.

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

Reopening

Application to strike out conviction

11.  (1)  A defendant who was convicted without a hearing may, within 15 days of becoming aware of the conviction, apply to a justice to strike out the conviction.

Striking out the conviction

(2)  Upon application under subsection (1), a justice shall strike out a conviction if satisfied by affidavit of the defendant that, through no fault of the defendant, the defendant was unable to appear for a hearing or for a meeting under section 5.1 or the defendant did not receive delivery of a notice or document relating to the offence.

If conviction struck out

(3)  If the justice strikes out the conviction, the justice shall,

(a) proceed under section 7, if the offence notice does not require the notice of intention to appear to be filed in person and the defendant wishes to proceed under that section;

(b) direct the clerk of the court to give notice to the defendant and the prosecutor of the time and place of their meeting under subsection 5.1 (3), if the offence notice requires the notice of intention to appear to be filed in person and the defendant wishes to proceed under that section; or

(c) direct the clerk of the court to give notice to the defendant and the prosecutor of the time and place of the trial.

Rescheduling time of trial

(4)  The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the notice referred to clause (3) (c).

Certificate

(5)  A justice who strikes out a conviction under subsection (2) shall give the defendant a certificate of the fact in the prescribed form.

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

Error by municipality

11.1  (1)  A municipality or other body may apply to a justice requesting that a conviction be struck out if the defendant was convicted because of an error made by the municipality or other body.

Striking out conviction

(2)  On an application by a municipality or other body, if a justice is satisfied that an error was made, the justice shall strike out the conviction.

Notice to defendant

(3)  If the justice strikes out the conviction, the municipality or other body shall notify the defendant of that fact.

(18)  Subsection 12 (1) of the Act is amended by striking out “$500” wherever it appears and substituting in each case “$1,000”.

(19)  Section 12 of the Act is amended by adding the following subsection:

Transitional

(1.1)  Subsection (1) applies only to an offence committed on or after the day subsection 1 (18) of Schedule 4 to the Good Government Act, 2009 comes into force.

(20)  Clause 13 (1) (d) of the Act is repealed.

(21)  Section 17 of the Act is amended by adding the following subsection:

Rescheduling time of trial

(4.1)  The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the notice referred to subsection (4).

(22)  Subsection 17.1 (1) of the Act is repealed and the following substituted:

Application

(1)  This section applies where the parking infraction notice requires the notice of intention to appear to be filed in person at a place specified in the parking infraction notice.

(23)  Section 17.1 of the Act is amended by adding the following subsection:

Rescheduling time of trial

(6.1)  The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the notice referred to subsection (6).

(24)  Section 18.1 of the Act is amended by adding the following subsection:

Rescheduling time of trial

(5)  The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the notice referred to subsection (4).

(25)  Subsection 18.1.1 (1) of the Act is repealed and the following substituted:

Application

(1)  This section applies where the notice of impending conviction requires the notice of intention to appear to be filed in person at a place specified in the notice of impending conviction.

(26)  Section 18.1.2 of the Act is repealed.

(27)  Subsection 18.4 (1) of the Act is repealed and the following substituted:

Failure to appear at trial

(1)  A defendant is deemed to not wish to dispute the charge where the defendant has been issued a notice of the time and place of trial and fails to appear at the time and place appointed for the trial.

(28)  Subsection 18.6 (1) of the Act is repealed and the following substituted:

Authority to collect parking fines

(1)  A municipality may collect the fines levied for convictions respecting parking infractions under its by-laws if the municipality,

(a) enters into an agreement with the Attorney General to authorize it; or

(b) enters into a transfer agreement under Part X.

Agreement

(1.1)  The Attorney General and a municipality may enter into an agreement for the purpose of clause (1) (a).

(29)  Section 19 of the Act is repealed and the following substituted:

Reopening

Application to strike out conviction

19.  (1)  A defendant who was convicted of a parking infraction without a hearing may, within 15 days of becoming aware of the conviction, apply to a justice to strike out the conviction.

Striking out the conviction

(2)  Upon application under subsection (1), a justice shall strike out a conviction if satisfied by affidavit of the defendant or otherwise that, through no fault of the defendant, the defendant was unable to appear for a hearing or the defendant never received any notice or document relating to the parking infraction.

If conviction struck out

(3)  If the justice strikes out the conviction, the justice shall,

(a) if the defendant enters a plea of guilty, accept the plea and impose the set fine; or

(b) direct the clerk of the court to give notice to the defendant and the prosecutor of the time and place of the trial.

Rescheduling time of trial

(4)  The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the notice referred to in clause (3) (b).

(30)  Clause 20 (1) (h) of the Act is repealed.

(31)  Clauses 20 (1) (i) and (j) of the Act are repealed and the following substituted:

(i) prescribing the information to be included in a notice certifying that a fine is in default under subsection 18.6 (4) and designating the person to whom the notice is to be sent.

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

Multiple defendants

(1.1)  For greater certainty, an information laid under subsection (1) may include one or more persons.

(33)  Clause 25 (7) (g) of the Act is repealed and the following substituted.

(g) it does not name or describe with precision any person, place, thing or time; or

(34)  Subsection 26 (4) of the Act is repealed and the following substituted:

Service on corporation

(4)  Service of a summons on a corporation may be effected,

(a) in the case of a municipal corporation by,

(i) delivering the summons personally to the mayor, warden, reeve or other chief officer of the corporation or to the clerk of the corporation, or

(ii) mailing the summons by registered mail to the municipal corporation at an address held out by it to be its address;

(b) in the case of any corporation, other than a municipal corporation, incorporated or continued by or under an Act by,

(i) delivering the summons personally to the manager, secretary or other executive officer of the corporation or person apparently in charge of a branch office of the corporation, or

(ii) mailing the summons by registered mail to the corporation at an address held out by it to be its address;

(c) in the case of corporation not incorporated or continued by or under an Act by,

(i) a method provided under clause (b),

(ii) delivering the summons personally to the corporation’s resident agent or agent for service or to any other representative of the corporation in Ontario, or

(iii) mailing the summons by registered mail to a person referred to in subclause (ii) or to an address outside Ontario, including outside Canada, held out by the corporation to be its address.

Date of mailed service

(4.1)  A summons served by registered mail under subsection (4) is deemed to have been duly served seven days after the day of mailing.

(35)  Subsection 29 (1) of the Act is repealed and the following substituted:

Territorial jurisdiction

(1)  Subject to subsection (2), a proceeding in respect of an offence shall be heard and determined by the Ontario Court of Justice sitting in the county or district in which the offence occurred or in the area specified in the transfer agreement made under Part X.

(36)  Section 39 of the Act is amended by adding the following subsection:

Exception

(2.1)  Despite subsection (2), a summons served under this section may be served by a person other than a provincial offences officer.

(37)  Section 45 of the Act is repealed and the following substituted:

Taking of plea

45.  (1)  After being informed of the substance of the information or certificate, the defendant shall be asked whether the defendant pleads guilty or not guilty of the offence charged in it.

Conviction on plea of guilty

(2)  Where the defendant pleads guilty, the court may accept the plea and convict the defendant.

Conditions of accepting plea

(3)  A court may accept a plea of guilty only if it is satisfied that the defendant,

(a) is making the plea voluntarily;

(b) understands that the plea is an admission of the essential elements of the offence;

(c) understands the nature and consequences of the plea; and

(d) understands that the court is not bound by any agreement made between the defendant and the prosecutor.

Validity of plea not affected

(4)  The failure of a court to fully inquire into whether the conditions set out in subsection (3) are met does not affect the validity of the plea.

Refusal to plead

(5)  Where the defendant refuses to plead or does not answer directly, the court shall enter a plea of not guilty.

Plea of guilty to another offence

(6)  Where the defendant pleads guilty of an offence other than the offence charged, and whether or not it is an included offence and whether or not the defendant has pleaded not guilty to the offence charged, the court may, with the consent of the prosecutor, accept such plea of guilty and accordingly amend the certificate of offence, the certificate of parking infraction or the information, as the case may be, or substitute the offence to which the defendant pleads guilty.

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

Judicial pre-trial conferences

45.1  (1)  On application by the prosecutor or the defendant or on his or her own motion, a justice may order that a pre-trial conference be held between the prosecutor and the defendant or a representative of the defendant.

Matters for consideration

(2)  The court, or a justice of the court, shall preside over the pre-trial conference, the purpose of which is to,

(a) consider the matters that, to promote a fair and expeditious trial, would be better decided before the start of the proceedings and other similar matters; and

(b) make arrangements for decisions on those matters.

(39)  Subsection 46 (1) of the Act is repealed and the following substituted:

Trial on plea of not guilty

(1)  If the defendant pleads not guilty, the court shall hold the trial.

(40)  Section 48.1 of the Act is repealed and the following substituted:

Certified evidence

Application

48.1  (1)  This section applies to a hearing, including a hearing in the absence of a defendant under section 54, where,

(a) the proceeding for the offence was commenced by certificate under Part I or II; and

(b) the offence is specified by the regulations.

Admissibility of certified evidence

(2)  The following are admissible in evidence as proof of the facts certified in it, in the absence of evidence to the contrary:

1. A certified statement in a certificate of offence.

2. A certified statement in a certificate of parking infraction.

3. Other types of certified evidence specified by the regulations.

Other provisions on admissibility

(3)  For greater certainty, subsection (2) does not affect or interfere with the operation of a provision of this Act or any other Act that permits or specifies that a document or type of document be admitted into evidence as proof of the facts certified in it.

Onus

(4)  For greater certainty, this section does not remove the onus on the prosecution to prove its case beyond a reasonable doubt.

No oral evidence

(5)  A provincial offences officer who provides certified evidence referred to in subsection (2) in respect of a proceeding shall not be required to attend to give evidence at trial, except as provided under subsection 49 (4).

Regulations

(6)  The Lieutenant Governor in Council may make regulations,

(a) specifying offences for the purposes of clause (1) (b);

(b) respecting other types of certified evidence for the purposes of paragraph 3 of subsection (2);

(c) respecting restrictions or conditions on the admissibility of evidence under subsection (2).

(41)  Subsection 49 (3) of the Act is repealed and the following substituted:

Adjournment

(3)  Despite subsection (1) and subject to subsection (4), if the trial is being held in respect of a proceeding commenced under Part I or II, the court shall not adjourn the trial for the purpose of having the provincial offences officer who completed the certificate of offence or the certificate of parking infraction, as the case may be, attend to give evidence unless the court is satisfied that the interests of justice require it.

Adjournment where certified evidence

(4)  If certified evidence referred to in subsection 48.1 (2) is being admitted as evidence in a trial referred to in subsection (1), the court shall not adjourn the trial for the purpose of having any of the following persons attend to give evidence unless the court is satisfied that the oral evidence of the person is necessary in order to ensure a fair trial:

1. The provincial offences officer who completed the certificate of offence or the certificate of parking infraction, as the case may be.

2. Any provincial offences officer who provided certified evidence in respect of the proceeding.

(42)  Section 49 of the Act is amended by adding the following subsection:

Power of clerk to adjourn

(5)  The clerk of the court may, on behalf of the court, adjourn,

(a) the first trial date for a proceeding commenced under Part I or Part II to a date agreed to by the defendant and the prosecutor in a written agreement filed with the court; and

(b) any proceeding under this Act or any step in a proceeding under this Act, where no justice is able to attend in person, to a date chosen in accordance with the instructions of a justice.

(43)  Section 54 of the Act is repealed and the following substituted:

Conviction in the absence of the defendant

54.  (1)  Where a defendant does not appear at the time and place appointed for a hearing and it is proved by the prosecutor, having been given a reasonable opportunity to do so, that a summons was served, a notice of trial was given under Part I or II, an undertaking to appear was given or a recognizance to appear was entered into, as the case may be, or where the defendant does not appear upon the resumption of a hearing that has been adjourned, the court may,

(a) proceed to hear and determine the proceeding in the absence of the defendant; or

(b) adjourn the hearing and, if it thinks fit, issue a summons to appear or issue a warrant in the prescribed form for the arrest of the defendant.

Proceeding arising from failure to appear

(2)  Where the court proceeds under clause (1) (a) or adjourns the hearing under clause (1) (b) without issuing a summons or warrant, no proceeding arising out of the failure of the defendant to appear at the time and place appointed for the hearing or for the resumption of the hearing shall be instituted, or if instituted shall be proceeded with, except with the consent of the Attorney General or his or her agent.

(44)  Subsection 68 (2) of the Act is repealed.

(45)  Section 69 of the Act is amended by adding the following subsection:

Inability to pay

(14.1)  Despite subsection 165 (3), a defendant may, in accordance with the regulations, apply to a justice to reduce or expunge a defaulted fine under subsection (15) where the defendant meets the criteria for inability to pay defined in the regulations.

(46)  Subsection 69 (22) of the Act is amended by adding the following clause:

(a.1) prescribing the form and procedure for an application under subsection (14.1);

(47)  Subsection 76.1 (1) of the Act is repealed and the following substituted:

Electronic format and filing

(1)  A document may, in accordance with the regulations, be completed, signed and filed by electronic means in an electronic format.

(48)  Section 83.1 of the Act is repealed and the following substituted:

Definition

83.1  (1)  In this section,

“electronic method” means video conference, audio conference, telephone conference or other method determined by the regulations.

Appearance by electronic method

(2)  Subject to this section, in any proceeding under this Act or any step in a proceeding under this Act, if the appropriate equipment is available at the courthouse where the proceeding occurs,

(a) a witness may give evidence by electronic method;

(b) a defendant may appear by electronic method;

(c) a prosecutor may appear and prosecute by electronic method; and

(d) an interpreter may interpret by electronic method.

Consent required

(3)  A witness may appear by electronic method to give evidence in a proceeding commenced by information under Part III only with the consent of both the prosecutor and the defendant.

Limited use of certain electronic methods

(4)  Attendance by audio conference or telephone conference may only be used for the purpose of,

(a) attending a pre-trial conference;

(b) attending a meeting between the defendant and the prosecutor under section 5.1; or

(c) attending or appearing at any other proceeding or step in a proceeding determined by the regulations.

Appearance in person

(5)  The court may order any person described in subsection (2) to appear in person if it is satisfied that the interests of justice require it or it is necessary for a fair trial.

Oaths

(6)  Despite the Commissioners for taking Affidavits Act, where evidence is given under oath by electronic method, the oath may be administered by the same electronic method.

Regulations

(7)  The Lieutenant Governor in Council may make regulations,

(a) respecting the conditions for using any electronic method, including the degree of any remoteness required;

(b) determining proceedings where attendance or appearance may be made by electronic method;

(c) requiring the payment of fees for using electronic methods, 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 regulations may waive the payment of a fee.

(49)  Section 83.1 of the Act, as re-enacted by subsection (47), is amended by adding the following subsection:

Attendance by justice

(3.1)  A justice may attend and conduct a sentencing hearing under sections 5.1 and 7 and any other proceeding or any step in a proceeding determined by the regulations, by means of electronic method, if the appropriate equipment is available at the courthouse where the proceeding occurs, and the justice may,

(a) adjourn the sentencing hearing to have the defendant appear in person before the justice for the purpose of ensuring that the defendant understands the plea; and

(b) adjourn any other proceeding or step in a proceeding determined by the regulations if he or she is satisfied that the interests of justice require it or it is necessary for a fair trial.

(50)  Section 85 of the Act is repealed and the following substituted:

Extension of time

85.  (1)  Subject to this section, the court may extend any time fixed by this Act, by the regulations made under this Act or the rules of court for doing any thing other than commencing or recommencing a proceeding, whether or not the time has expired.

Limit on number of applications

(2)  No more than one application for an extension of the time for filing of an appeal may be made in respect of a conviction.

Exception for commencing parking proceeding

(3)  A justice may extend the time for commencing a parking proceeding where the court is unable to obtain proof of ownership of the vehicle or to send a notice of impending conviction to the defendant within that time because of extraordinary circumstances, including labour disputes and disruptions of postal services, power services and technological facilities.

(51)  Section 87 of the Act is repealed and the following substituted:

Delivery

87.  (1)  Any notice or document required or authorized to be given or delivered under this Act or the rules of court is sufficiently given or delivered if,

(a) delivered personally or by mail;

(b) delivered in accordance with a method provided by this Act or the regulations; or

(c) delivered in accordance with a method provided under any other Act or prescribed by the rules of court.

Same

(2)  Where a notice or document that is required or authorized to be given or delivered to a person under this Act is mailed to the person at the person’s last known address appearing on the records of the court in the proceeding, there is a rebuttable presumption that the notice or document is delivered to the person.

Regulations

(3)  The Lieutenant Governor in Council may make regulations respecting the method of delivery for any notice or document, including additional electronic methods, for the purposes of this Act.

(52)  Section 111 of the Act is amended by adding the following subsection:

Simultaneous applications

(3)  A defendant may file an application to waive compliance with subsection (1) at the same time as the notice of appeal.

(53)  Section 111 of the Act is amended by adding the following subsection:

Role of prosecutor

(4)  The defendant shall give the prosecutor notice of any application to waive compliance with subsection (1) and the prosecutor shall have an opportunity to make submissions in the public interest in respect of the application.

(54)  Subsection 116 (1) of the Act is repealed and the following substituted:

Appeals, proceedings commenced by information

(1)  Where a proceeding is commenced by information under Part III, the defendant or the prosecutor or the Attorney General by way of intervention may appeal from,

(a) a conviction;

(b) a dismissal;

(c) a finding as to ability, because of mental disorder, to conduct a defence;

(d) a sentence; or

(e) any other order as to costs.

(55)  Section 116 of the Act is amended by adding the following subsection:

Simultaneous application

(4)  Despite subsection (3), the notice of appeal may be filed at the same time as an application under section 85 to extend the time to give notice of appeal.

(56)  Subsection 117 (1) of the Act is amended by adding the following clause:

(a.1) amend the information, unless it is of the opinion that the defendant has been misled or prejudiced in his or her defence or appeal;

(57)  Subsection 135 (2) of the Act is amended by striking out “fifteen” and substituting “30”.

(58)  Section 135 of the Act is amended by adding the following subsection:

Simultaneous application

(2.1)  Despite subsection (2), the notice of appeal may be filed at the same time as an application under section 85 to extend the time to give notice of appeal.

(59)  Section 137 of the Act is amended by adding the following subsections:

Dismissal by justice

(2)  Where the clerk of the court considers that an appeal has not been proceeded with or has been abandoned, the clerk may, after giving notice to the parties to the appeal, have the matter brought before a justice sitting in open court to determine whether the appeal has been abandoned and the appeal should be dismissed.

Motion to restore

(3)  A party to an appeal that was dismissed under subsection (2) may apply to have the appeal restored.

(60)  Subsection 141 (5) of the Act is repealed.

(61)  Section 159 of the Act is amended by adding the following subsection:

Detention pending appeal, etc.

(1.0.1)  A direction to return seized items does not take effect for 30 days and does not take effect during any application made or appeal taken in respect of the thing.

(62)  Subsection 165 (9) of the Act is repealed and the following substituted:

No other charge

(9)  The municipality shall not collect any other charge for acting under a transfer agreement, except in accordance with section 304 of the Municipal Act, 2001 or section 240 of the City of Toronto Act, 2006 or with the Attorney General’s advance written consent.

City of Toronto Act, 2006

2.  The City of Toronto Act, 2006 is amended by adding the following section:

Unpaid fines

381.1  The treasurer of the City may add any part of a fine for a commission of a provincial offence that is in default under section 69 of the Provincial Offences Act to the tax roll for any property in the City for which all of the owners are responsible for paying the fine and collect it in the same manner as municipal taxes.

Highway Traffic Act

3.  (1)  Subsection 205.17 (2) of the Highway Traffic Act is amended by striking out “5.2”.

(2)  Subsection 205.17 (2) of the Act is amended by striking out “6”.

(3)  Subsection 205.19 (1) of the Act is repealed and the following substituted:

Deemed not to dispute charge

(1)  A defendant is deemed to not wish to dispute the charge where,

(a) at least 15 days have elapsed after the defendant was served with the offence notice and the defendant did not give notice of intention to appear under section 5 of the Provincial Offences Act, did not request a meeting with the prosecutor in accordance with section 5.1 of that Act and did not plead guilty under section 7 or 8 of that Act;

(b) the defendant requested a meeting with the prosecutor in accordance with section 5.1 of the Provincial Offences Act but did not attend the scheduled meeting with the prosecutor; or

(c) the defendant reached an agreement with the prosecutor under subsection 5.1 (7) of the Provincial Offences Act but did not appear at a sentencing hearing with a justice under subsection 5.1 (9) of that Act.

(4)  Subsection 205.23 (1) of the Act is amended by adding “or for a meeting under section 5.1 of the Provincial Offences Act” after “for a hearing”.

Municipal Act, 2001

4.  The Municipal Act, 2001 is amended by adding the following section:

Unpaid fines

441.1  Upon the request of a municipality that has entered into a transfer agreement under Part X of the Provincial Offences Act, the treasurer of a local municipality may add any part of a fine for a commission of a provincial offence that is in default under section 69 of the Provincial Offences Act to the tax roll for any property in the local municipality for which all of the owners are responsible for paying the fine and collect it in the same manner as municipal taxes.

Commencement

Commencement

5.  (1)  Subject to subsections (2), (3) and (4), this Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

(2)  Subsections 1 (37), (48), (53) and (61) and sections 2 and 4 come into force six months after the day the Good Government Act, 2009 receives Royal Assent.

(3)  Subsections 1 (28) and (30) come into force one year after the day the Good Government Act, 2009 receives Royal Assent.

(4)  Subsections 1 (5), (6), (8), (9), (11), (13), (16), (20), (22), (25), (26), (29), (31), (40), (41), (45), (46), (47) and (49) and subsections 3 (1), (3) and (4) come into force on a day to be named by proclamation of the Lieutenant Governor.

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

Purpose and Interpretation

Purpose

1.  The purpose of this Act is to ensure that adjudicative tribunals are accountable, transparent and efficient in their operations while remaining independent in their decision-making.

Definitions

2.  In this Act,

“adjudicative tribunal” means an agency, board, commission, corporation or other entity that is prescribed; (“tribunal décisionnel”)

“governance accountability documents” means the memorandum of understanding, business plan and annual report required by sections 11, 12 and 13, respectively; (“documents de responsabilisation en matière de gouvernance”)

“prescribed” means prescribed by regulations made under this Act; (“prescrit”)

“public accountability documents” means the mandate and mission statement, consultation policy, service standard policy, ethics plan and member accountability framework required by sections 3, 4, 5, 6 and 7, respectively; (“documents de responsabilisation à l’égard du public”)

“responsible minister”, in relation to an adjudicative tribunal, means the minister of the Crown who is responsible to the Assembly for the tribunal. (“ministre responsable”)

Public Accountability Documents

Mandate and mission statement

3.  (1)  Every adjudicative tribunal shall develop a mandate and mission statement.

Contents

(2)  The mandate and mission statement must contain,

(a) a statement of the tribunal’s legislative mandate, with reference to the Act that establishes its mandate and to any Act or Acts that add to its mandate;

(b) the tribunal’s mission statement; and

(c) any other matter specified in the regulations or in a directive of the Management Board of Cabinet.

Approval

(3)  The mandate and mission statement must be approved by the tribunal’s responsible minister.

Consultation policy

4.  (1)  Every adjudicative tribunal shall develop a consultation policy.

Contents

(2)  The consultation policy must describe whether and how the tribunal will consult with the public when it is considering changes to its rules or policies, including consultation with any persons, entities or groups of persons or entities whose interests, in the opinion of the tribunal’s chair, would be affected by those changes.

Same

(3)  The consultation policy must contain any other matter specified in the regulations or in a directive of the Management Board of Cabinet.

Approval

(4)  The consultation policy must be approved by the tribunal’s responsible minister.

Service standard policy

5.  (1)  Every adjudicative tribunal shall develop a service standard policy.

Contents

(2)  The service standard policy must contain,

(a) a statement of the standards of service that the tribunal intends to provide;

(b) a process for making, reviewing and responding to complaints about the service provided by the tribunal; and

(c) any other matter specified in the regulations or in a directive of the Management Board of Cabinet.

Approval

(3)  The service standard policy must be approved by the tribunal’s responsible minister.

Relationship to other remedies

(4)  Nothing in the service standard policy shall be interpreted as affecting,

(a) a process or remedy available under the Ombudsman Act;

(b) a right of appeal from decisions of the tribunal available under any Act; or

(c) a right to bring an application for judicial review.

Ethics plan

6.  (1)  Every adjudicative tribunal shall develop an ethics plan.

Contents

(2)  The contents of the ethics plan shall be prescribed and must also include any matter specified in a directive of the Management Board of Cabinet.

Approval

(3)  The ethics plan must be approved by the Conflict of Interest Commissioner appointed under the Public Service of Ontario Act, 2006.

Conflict with Public Service of Ontario Act, 2006

(4)  In the event of any conflict between an adjudicative tribunal’s ethics plan and the conflict of interest rules made under the Public Service of Ontario Act, 2006 that apply to the tribunal, the conflict of interest rules prevail.

Member accountability framework

7.  (1)  Every adjudicative tribunal shall develop a member accountability framework.

Contents

(2)  The member accountability framework must contain,

(a) a description of the functions of the members, the chair and the vice-chairs, if any, of the tribunal;

(b) a description of the skills, knowledge, experience, other attributes and specific qualifications required of a person to be appointed as a member of the tribunal;

(c) a code of conduct for the members of the tribunal; and

(d) any other matter specified in the regulations or in a directive of the Management Board of Cabinet.

Approval

(3)  The member accountability framework must be approved by the tribunal’s responsible minister.

Publication, Amendment and Review of Public Accountability Documents

Publication of public accountability documents

8.  Every adjudicative tribunal shall make its public accountability documents, approved as required by section 3, 4, 5, 6 or 7, as the case may be, available to the public.

Amendments to public accountability documents

9.  An adjudicative tribunal may amend its public accountability documents, and the person required to approve the original document is also required to approve any amendment to the document.

Review of public accountability documents

10.  Every adjudicative tribunal shall review its public accountability documents to determine whether they require amendment every three years after their initial publication.

Governance Accountability Documents

Memorandum of understanding

11.  (1)  Every adjudicative tribunal shall enter into a memorandum of understanding with its responsible minister.

Contents

(2)  The memorandum of understanding must address,

(a) the financial, staffing and administrative arrangements for the tribunal;

(b) the accountability relationships of the tribunal, including its duty to account to its responsible minister;

(c) the recruitment, orientation and training of the tribunal’s members;

(d) the committee structure of the tribunal, if any;

(e) the tribunal’s planning and reporting requirements; and

(f) any other matter specified in the regulations or in a directive of the Management Board of Cabinet.

Expiry

(3)  The memorandum of understanding expires five years after the day it is entered into, and may be renewed before that day for another five years.

Review

(4)  The tribunal and its responsible minister shall review the memorandum of understanding after there is a change in the responsible minister or the chair of the tribunal, and, in any event, at least once before it expires.

Continuation of expired memorandum

(5)  A memorandum of understanding that has expired continues in effect, despite its expiry, until it is renewed or replaced.

Publication

(6)  The tribunal’s responsible minister shall make the memorandum of understanding available to the public.

Transition

(7)  An adjudicative tribunal and its responsible minister may agree that a memorandum of understanding entered into by them before the day that subsection (1) becomes applicable to the tribunal and that is still in effect on that day is a memorandum of understanding entered into by them on the day subsection (1) becomes applicable to the tribunal for the purposes of this section.

Business plan

12.  (1)  Every adjudicative tribunal shall develop a business plan for a prescribed period of time.

Contents

(2)  The contents of the business plan shall be prescribed and must also include any matter specified in a directive of the Management Board of Cabinet.

Approval

(3)  The business plan must be approved by the tribunal’s responsible minister.

Publication

(4)  The tribunal shall make the business plan available to the public.

Annual report

13.  (1)  Every adjudicative tribunal shall prepare and give its responsible minister an annual report within 90 days after the end of its fiscal year.

Contents

(2)  The annual report must contain,

(a) a report on the tribunal’s activities, including recruitment activities, during the preceding fiscal year;

(b) a financial statement for the tribunal for the preceding fiscal year; and

(c) any other matter specified in the regulations or in a directive of the Management Board of Cabinet.

Tabling in the Assembly

(3)  The responsible minister shall submit the report to the Lieutenant Governor in Council and, within 60 days after the day the responsible minister receives the report, shall table the report in the Assembly.

Tribunal-specific Act prevails

(4)  In the event of any conflict between this section and a provision of another Act respecting the tabling of an annual report by an adjudicative tribunal, the provision of the other Act prevails in the case of that tribunal.

Appointment to Adjudicative Tribunals

Adjudicative tribunal members to be selected by competitive, merit-based process

14.  (1)  The selection process for the appointment of members to an adjudicative tribunal shall be a competitive, merit-based process and the criteria to be applied in assessing candidates shall include the following:

1. Experience, knowledge or training in the subject matter and legal issues dealt with by the tribunal.

2. Aptitude for impartial adjudication.

3. Aptitude for applying alternative adjudicative practices and procedures that may be set out in the tribunal’s rules.

Tribunal-specific qualifications

(2)  If a member of an adjudicative tribunal is required by or under any other Act to possess specific qualifications, a person shall not be appointed to the tribunal unless he or she possesses those qualifications.

Publication

(3)  The responsible minister of an adjudicative tribunal shall make public the recruitment process to select one or more persons to be appointed to the tribunal and in doing so shall specify,

(a) the steps intended to be taken in the recruitment process; and

(b) the skills, knowledge, experience, other attributes and specific qualifications required of a person to be appointed.

Chair to recommend appointments, reappointments

(4)  No person shall be appointed or reappointed to an adjudicative tribunal unless the chair of the tribunal, after being consulted as to his or her assessment of the person’s qualifications under subsections (1) and (2) and, in the case of a reappointment, of the member’s performance of his or her duties on the tribunal, recommends that the person be appointed or reappointed.

Conflict with other Acts, regulations

(5)  In the event of any conflict between this section and a provision of another Act or of a regulation made under another Act respecting the appointment of members of an adjudicative tribunal, the provision of the other Act or regulation prevails.

Tribunal Clustering

Designation of clusters

15.  The Lieutenant Governor in Council may by regulation designate two or more adjudicative tribunals as a cluster if, in the opinion of the Lieutenant Governor in Council, the matters that the tribunals deal with are such that they can operate more effectively and efficiently as part of a cluster than alone.

Governance structure of clusters

Executive chair

16.  (1)  The Lieutenant Governor in Council may appoint an executive chair to be responsible for all of the adjudicative tribunals included in a cluster.

Associate chairs

(2)  The Lieutenant Governor in Council may appoint an associate chair for each adjudicative tribunal that is included in a cluster.

Alternate executive chairs

(3)  The Lieutenant Governor in Council may appoint one or more of the associate chairs as alternate executive chairs of the cluster, and an alternate executive chair shall act in the place of the executive chair if the executive chair is unable to act or if the position of executive chair is vacant.

Vice-chairs

(4)  The Lieutenant Governor in Council may appoint one or more vice-chairs for each adjudicative tribunal that is included in a cluster, and a vice-chair shall act in the place of the tribunal’s associate chair if the associate chair is unable to act or if the position of associate chair is vacant.

Chairs must be members of tribunals

(5)  The executive chair and each alternate executive chair must also be members of each of the adjudicative tribunals in the cluster and the associate chair and each vice-chair must also be members of the tribunal to which they are appointed as associate chair and vice-chair.

Powers, duties, etc., of executive chair

17.  (1)  The executive chair shall have the powers, duties and functions assigned to the chair of each adjudicative tribunal that is included in the cluster by this or any other Act or by any regulation, order-in-council or ministerial or Management Board of Cabinet directive.

Delegation

(2)  The executive chair may delegate to an associate chair or vice-chair of an adjudicative tribunal that is included in the cluster any power, duty or function, except a power, duty or function he or she may have as an ethics executive under the Public Service of Ontario Act, 2006.

Protection from liability

(3)  The executive chair, alternate executive chair and associate chair of an adjudicative tribunal that is included in a cluster shall be entitled to the same protection from liability as the chair of the tribunal.

Same

(4)  The vice-chairs and members of an adjudicative tribunal that is included in a cluster shall be entitled to the same protection from liability as the members of the tribunal.

Crown liability

(5)  Any provision in another Act that addresses the Crown’s liability for the actions or omissions of an adjudicative tribunal that is included in a cluster or of a chair, vice-chair or member of an adjudicative tribunal that is included in a cluster applies with necessary modifications to the adjudicative tribunal.

References to chair in other Acts, etc.

(6)  Except as provided in a regulation made under this Act, any reference in this or any other Act or a regulation to the chair of an adjudicative tribunal that is included in a cluster shall be read as a reference to the tribunal’s executive chair.

Joint accountability documents

18.  (1)  All the adjudicative tribunals included in a cluster shall jointly develop, prepare or enter into, as the case may be, the public accountability documents and governance accountability documents required by this Act.

Same

(2)  Section 3, 4, 5, 6 or 7, as the case may be, and sections 8, 9 and 10 apply with necessary modifications to any public accountability document jointly developed by all the adjudicative tribunals in a cluster.

Same

(3)  Section 11, 12 or 13, as the case may be, applies with necessary modifications to any governance accountability document jointly developed, prepared or entered into, as the case may be, by all the adjudicative tribunals in a cluster.

This Act prevails re governance of clusters

19.  In the event of any conflict between section 16 or 17 and a provision of another Act or a regulation respecting the governance of an adjudicative tribunal that is included in a cluster, section 16 or 17 prevails.

General Matters

Chair is responsible for tribunals

20.  (1)  The chair of an adjudicative tribunal is responsible for ensuring that the tribunal performs the duties and functions required of it under this or any other Act and that it is in compliance with any other Act or any regulation applicable to it.

Effect of failure to comply

(2)  Any failure of an adjudicative tribunal or its chair to comply with this Act does not affect the validity of any action taken or decision made by the tribunal or the chair.

Review of tribunals

21.  (1)  An adjudicative tribunal’s responsible minister shall direct a public servant employed under Part III of the Public Service of Ontario Act, 2006 or any other person to conduct a review of the adjudicative tribunal at least once every six years.

Matters for review

(2)  The review required by subsection (1) must address,

(a) the tribunal’s mandate and whether it continues to be relevant;

(b) the functions performed by the tribunal, and whether they are best performed by the tribunal or whether they would be better performed by another entity;

(c) the tribunal’s governance structure and management systems, and whether they continue to be appropriate to its mandate and functions;

(d) the tribunal’s financial and human resources and its financial and information systems;

(e) the tribunal’s business planning, performance measurement and reporting practices;

(f) whether the tribunal has effective processes in place to ensure its compliance with any applicable Act, regulation or directive of the Management Board of Cabinet;

(g) whether the tribunal is effective in achieving its mandate and serving the public;

(h) whether changes should be made to the tribunal or whether the tribunal should be discontinued; and

(i) any other matter specified in the regulations or in a directive of the Management Board of Cabinet.

Additional reviews

(3)  An adjudicative tribunal’s responsible minister may at any time direct a public servant employed under Part III of the Public Service of Ontario Act, 2006 or any other person to conduct a review of the adjudicative tribunal in respect of any of the matters listed in subsection (2).

Protection of personal information

(4)  Nothing in this section authorizes a person conducting a review under subsection (1) or subsection (3) to collect, or an adjudicative tribunal to disclose to such person, any information that is personal information within the meaning of the Freedom of Information and Protection of Privacy Act or personal health information within the meaning of the Personal Health Information Protection Act, 2004.

Application of Public Service of Ontario Act, 2006, Management Board of Cabinet Act

22.  Nothing in this Act affects any obligation or requirement imposed by or under the Public Service of Ontario Act, 2006 or the Management Board of Cabinet Act on a person who is appointed as a chair, vice-chair or member of an adjudicative tribunal.

Regulations

Regulations

23.  The Lieutenant Governor in Council may make regulations,

(a) prescribing agencies, boards, commissions, corporations or other entities for the purpose of the definition of “adjudicative tribunal” in section 2;

(b) prescribing the contents of the ethics plan required by section 6;

(c) prescribing a period of time for the purpose of subsection 12 (1) and the contents of the business plan required by section 12;

(d) governing the publication of the recruitment process required by subsection 14 (3);

(e) respecting the waiver of any requirement set out in section 14, including waiving any such requirement;

(f) prescribing references in this or any other Act or in a regulation to the chair of an adjudicative tribunal that are to be read other than as described in subsection 17 (6) and prescribing how such references shall be read in relation to the adjudicative tribunal that is included in a cluster;

(g) prescribing other matters to be addressed in a review of an adjudicative tribunal required by section 21;

(h) prescribing other matters to be addressed or included in any public accountability document or governance accountability document;

(i) prescribing the date by or time within which an adjudicative tribunal must comply with any provision or requirement of this Act or of a regulation made under this Act respecting a public accountability document or governance accountability document;

(j) prescribing the form and format of any public accountability document or governance accountability document;

(k) governing the publication of the public accountability documents or governance accountability documents or of the review required by section 21.

Commencement and Short Title

Commencement

24.  The Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

25.  The short title of the Act set out in this Schedule is the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009.

SCHEDULE 6
PUBLIC INQUIRIES ACT, 2009

CONTENTS

Purpose and Interpretation

  1.

  2.

Purpose

Definitions

Establishing a Commission

  3.

  4.

Commission

Joint commission

Duties and Powers of a Commission

  5.

  6.

  7.

Duties of commission

Commission activities

Power to make rules

Information and Evidence

  8.

  9.

10.

11.

12.

Admissible information

Matters to be relied on

Power to compel witnesses and disclosure

Appearance fees and expenses

Deemed undertaking

Search Powers

13.

Application for search warrant

Hearings

14.

Holding a hearing

Participation at a Public Inquiry

15.

Determination of participation

Protection of Participants and Witnesses

16.

17.

18.

Immunities

Rights of persons before misconduct found

No intimidation by employer

Disclosure by the Crown

19.

Privilege not waived

Report of Commission

20.

Commission’s report

Languages

21.

Languages of order

Protection of the Commission

22.

23.

24.

Protection against compulsion

Protection from action

Review of decisions

Financial and Administrative Matters

25.

26.

27.

Commission budget

Commission staff

Administrative information

Enforcement of Process

28.

29.

30.

Power to maintain order

Failure to comply with order

Contempt proceedings

Records

31.

Power to record hearings

Transitional Matters

32.

Continuation of inquiries under former Act

Procedures under Other Acts

33.

34.

Former Part II inquiries

Special procedure under other Acts

Penalties

35.

Penalties

Regulations

36.

Regulations

Repeal and Consequential Amendments

37.

38.

39.

40.

41.

42.

43.

44.

45.

46.

47.

48.

49.

50.

51.

52.

53.

54.

55.

56.

57.

58.

59.

60.

61.

62.

63.

64.

65.

66.

67.

68.

69.

70.

71.

72.

73.

74.

75.

76.

77.

78.

79.

80.

81.

82.

83.

84.

85.

86.

87.

88.

89.

90.

91.

Repeal

AgriCorp Act, 1996

Architects Act

Archives and Recordkeeping Act, 2006

Athletics Control Act

Auditor General Act

Building Code Act, 1992

Charities Accounting Act

Child and Family Services Act

City of Toronto Act, 2006

Community Small Business Investment Funds Act

Condominium Act, 1998

Corporations Tax Act

Courts of Justice Act

Drug and Pharmacies Regulation Act

Early Childhood Educators Act, 2007

Education Act

Election Act

Election Finances Act

Electoral System Referendum Act, 2007

Environmental Bill of Rights, 1993

Farm Products Marketing Act

Fire Protection and Prevention Act, 1997

French Language Services Act

Health Insurance Act

Health Protection and Promotion Act

Hospital and Charitable Institutions Inquiries Act

Law Society Act

Livestock, Poultry and Honey Bee Protection Act

Members’ Integrity Act, 1994

Milk Act

Ministry of Consumer and Business Services Act

Ministry of Correctional Services Act

Ministry of Labour Act

Motor Vehicle Dealers Act

Municipal Act, 2001

Municipal Affairs Act

Municipal Elections Act, 1996

Niagara Escarpment Planning and Development Act

Ontario College of Teachers Act, 1996

Ontario Energy Board Act, 1998

Police Services Act

Professional Engineers Act

Professional Foresters Act, 2000

Public Guardian and Trustee Act

Registered Insurance Brokers Act

Registry Act

Regulated Health Professions Act, 1991

Retail Sales Tax Act

Social Work and Social Service Work Act, 1998

Statutory Powers Procedure Act

Surveyors Act

Surveys Act

Veterinarians Act

Workplace Safety and Insurance Act, 1997

Commencement and Short Title

92.

93.

Commencement

Short title

______________

Purpose and Interpretation

Purpose

1.  The purpose of this Act is to establish an effective and accountable process for public inquiries where there is a public interest to,

(a) independently inquire into facts or matters;

(b) make recommendations regarding those facts or matters.

Definitions

2.  In this Act,

“commission” means a commission, including a joint commission, established under section 3; (“commission”)

“commissioner” means a commissioner appointed under section 3; (“commissaire”)

“Minister” means the Attorney General or such other Minister as may be made responsible for a public inquiry in the order under section 3; (“ministre”)

“public inquiry” means a public inquiry conducted by a commission under this Act, but does not include an inquiry or other proceeding under section 33 or 34; (“enquête publique”)

“witness” means a person who gives testimony or provides information, a document or thing in a public inquiry. (“témoin”)

Establishing a Commission

Commission

3.  (1)  The Lieutenant Governor in Council may by order establish a commission to conduct a public inquiry into a matter that the Lieutenant Governor in Council considers to be in the public interest.

Preliminary recommendations

(2)  If there are matters to be determined before a public inquiry is commenced, the Lieutenant Governor in Council may, by order, appoint a person to make recommendations on how the public inquiry should be conducted, including the commission’s terms of reference and other matters as may be appropriate.

Content of order

(3)  The Lieutenant Governor in Council shall, in the order establishing a commission,

(a) appoint one or more persons as commissioners and, if more than one commissioner is appointed, assign roles and responsibilities to the commissioners;

(b) set out the terms of reference for the public inquiry;

(c) set out any special provisions respecting the manner in which the public inquiry is to proceed;

(d) fix the date for the delivery of the commission’s report;

(e) provide for any matters required if an agreement is made under section 4 to establish a joint commission; and

(f) if the Attorney General is not to be responsible for the public inquiry, designate the Minister who is to be responsible.

Resignation

(4)  A person appointed under this Act may resign by giving written notice to the Lieutenant Governor in Council.

Joint commission

4.  The Lieutenant Governor in Council may enter into an agreement with the governments of one or more other jurisdictions about jointly establishing a commission and how the public inquiry is to be conducted by the joint commission.

Duties and Powers of a Commission

Duties of commission

5.  A commission shall,

(a) conduct its public inquiry faithfully, honestly and impartially in accordance with its terms of reference;

(b) ensure that its public inquiry is conducted effectively, expeditiously, and in accordance with the principle of proportionality; and

(c) ensure that it is financially responsible and operates within its budget.

Commission activities

6.  Subject to the order establishing it, a commission may engage in any activity appropriate to fulfilling its duties, including,

(a) conducting research and collecting information, including conducting interviews and undertaking surveys;

(b) consulting, in private or in public, with persons or groups, including consulting prior to making its rules or determining who may participate in the public inquiry;

(c) consulting with the general public;

(d) receiving oral and written submissions; and

(e) holding public hearings.

Power to make rules

7.  (1)  Subject to this Act and the order establishing it, a commission has the power to control its own processes and may make rules governing its practice and procedure.

Examples of rules

(2)  As examples of matters that may be dealt with in rules made under subsection (1), a commission may make rules with respect to the following:

1. The scheduling of activities for the conduct of the public inquiry, including dividing the public inquiry into phases or parts.

2. Processes for determining who may participate in the public inquiry and the scope of any participation in the public inquiry.

3. Time limits applicable to any of its proceedings and the extension or abridgement of time limits applicable to any of its proceedings.

4. The service of notices and other documents.

5. Adjournments.

6. The transcription and recording of meetings and hearings.

7. The collection, submission and receipt of information.

8. Processes for determining any privilege claimed in respect of information.

9. Fees and expenses payable to witnesses and participants.

Rules for different persons or classes of persons

(3)  A commission may, for different persons or different classes of persons,

(a) make different rules; and

(b) waive or modify the application of one or more of its rules.

Rules publicly available

(4)  A commission shall ensure that its rules are made available to the public.

Exemption under Legislation Act, 2006

(5)  Part III (Regulations) of the Legislation Act, 2006 does not apply to rules made by a commission.

Information and Evidence

Admissible information

8.  (1)  A commission may collect and receive information that it considers relevant and appropriate, whether or not the information would be admissible in a court and in whatever form the information takes, and may accept the information as evidence at the public inquiry.

Exclusion of information

(2)  A commission may exclude information that the commission considers is unduly repetitious or does not meet such standards of proof as are commonly relied on by reasonably prudent persons in the conduct of their affairs.

Privilege preserved

(3)  Despite subsection (1), no information may be received and accepted by a commission that would be inadmissible in a court by reason of any privilege under the law of evidence.

Matters to be relied on

9.  (1)  Subject to section 8, a commission shall, as much as practicable and appropriate, refer to and rely on,

(a) any public transcript or record of any proceeding before any court or statutory tribunal;

(b) any medical, professional, social science and background information related to the subject matter of the public inquiry;

(c) any existing records or reports relevant to the subject matter of the public inquiry;

(d) any agreed statements of facts prepared by commission counsel or the participants;

(e) the testimony of a representative witness of a participant in the public inquiry; and

(f) any other document or information, if referral to and reliance on the document or information would promote the efficient and expeditious conduct of the public inquiry.

Same

(2)  A commission may rely on a record or report in lieu of calling witnesses.

Reliance on other commissioner’s decision or information

(3)  Subject to the order establishing the commission, where more than one commissioner is appointed or a commissioner is replaced, a commissioner may rely on any decision made and information collected or received by any former or current commissioner.

Power to compel witnesses and disclosure

10.  (1)  A commission may serve a summons requiring a person to,

(a) attend the public inquiry, in person or by electronic means, to provide testimony on oath or affirmation or in another manner; and

(b) produce for the public inquiry any information, document or thing under the person’s power or control.

Attendance not necessary

(2)  In requiring production under clause (1) (b), the commission may or may not require that a person attend with the information, document or thing.

Confidential information

(3)  Subject to the order establishing it and despite any other Act, a commission may require the provision or production of information that is considered confidential or inadmissible under another Act or a regulation and that information shall be disclosed to the commission for the purposes of the public inquiry.

Protection of confidential information

(4)  A commission may impose conditions on the disclosure of information at a public inquiry to protect the confidentiality of that information.

Appearance fees and expenses

11.  (1)  A commission may,

(a) if a person is summoned to appear before the commission at the request of a participant, order the participant to pay appearance fees and expenses reasonably and necessarily incurred by the person summoned, other than fees and expenses incurred by the person in respect of legal representation, advice or services; and

(b) in any case, pay appearance fees and expenses reasonably and necessarily incurred by a person summoned to appear before the commission, other than fees and expenses incurred by the person in respect of legal representation, advice or services.

Apportioning fees and expenses

(2)  A commission may apportion fees and expenses under subsection (1) between two or more participants or between one or more participants and the commission.

Deemed undertaking

12.  (1)  Subject to this section, all participants and their lawyers or agents are deemed to undertake not to use information obtained from another participant or collected or received by the commission for any purpose other than that of the public inquiry in which it was obtained.

Exceptions

(2)  Subsection (1) does not prohibit the following:

1. A use to which the person who disclosed the information consents.

2. The use, for any purpose, of information that is disclosed to the public.

3. The use, for any purpose, of information that is provided or referred to during a hearing.

4. The use, for any purpose, of information obtained from information referred to in paragraph 2 or 3.

5. The use of information to impeach the testimony of a person in another proceeding or for a prosecution for perjury in respect of that testimony.

Court order

(3)  If satisfied that the interests of justice outweigh any prejudice that would result to a party who disclosed evidence, a court may order that subsection (1) does not apply to the information, and may impose such terms and give such directions as are just.

Search Powers

Application for search warrant

13.  (1)  Where authorized in the order establishing the commission, a commission may apply, or authorize a person to apply, to a justice of the peace for a warrant to enter a place and conduct a search of the place, if there are reasonable grounds for believing that there are in any building, receptacle or place, including a dwelling house, any documents or things relevant to the subject matter of the public inquiry.

Same

(2)  Upon application under subsection (1), a justice of the peace may issue a warrant, if he or she is satisfied on information under oath or affirmation that the warrant is necessary for the purposes specified in the application.

Powers

(3)  The warrant may authorize a peace officer or person named in the warrant, upon producing the warrant and identification,

(a) to enter any place specified in the warrant, including a dwelling house; and

(b) to do any of the things specified in the warrant.

Conditions on search warrant

(4)  The warrant shall contain such conditions as the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances.

Time of execution

(5)  Any entry under the warrant shall be made at such reasonable times as may be specified in the warrant.

Expiry of warrant

(6)  The warrant shall expire on the date of expiry specified in the warrant, which shall be no later than 15 days after the warrant is issued, but a justice of the peace may extend the date of expiry for an additional period of no more than 15 days, upon application without notice by the person named in the warrant.

Use of force

(7)  The person authorized to execute the warrant may call upon peace officers for assistance in executing the warrant and a peace officer may use whatever force is reasonably necessary to execute the warrant.

Obligation to produce and assist

(8)  On request by a peace officer or the person authorized to execute the warrant, a person shall produce all documents or things required under the warrant and provide any assistance that is reasonably necessary, including assistance in using any data storage, processing or retrieval device or system, to produce a document in readable form.

Return of removed things

(9)  A person executing a warrant who removes any document or thing from a place shall,

(a) make it available to the person from whom it was removed, on request, at a time and place convenient for both that person and the person authorized to execute the warrant; and

(b) return it to the person from whom it was removed within a reasonable time.

Obstruction prohibited

(10)  No person shall obstruct or hinder a person in the execution of a warrant issued under this section.

Hearings

Holding a hearing

14.  (1)  A commission shall hold a hearing during the public inquiry only if authorized in the order establishing the commission.

Hearings open to the public

(2)  Subject to subsection (3), a commission that is conducting a hearing shall,

(a) give reasonable advance notice to the public of the schedule and location of the hearing;

(b) ensure that the hearing is open to the public, either in person or by electronic means; and

(c) give the public access to the information collected or received in the hearing.

Exclusion of public

(3)  A commission may exclude the public from all or part of a hearing or take other measures to prevent the disclosure of information if it decides that the public’s interest in the public inquiry or the information to be disclosed in the public inquiry is outweighed by the need to prevent the disclosure of information that could reasonably be expected to be injurious to,

(a) the administration of justice;

(b) law enforcement;

(c) national security; or

(d) a person’s privacy, security or financial interest.

Limitations on examinations

(4)  A commission may reasonably limit examination and cross-examination of a witness where the commission is satisfied that it has been sufficient to disclose fully and fairly the facts in relation to which the witness has given evidence.

Participation at a Public Inquiry

Determination of participation

15.  (1)  Subject to the order establishing the commission, a commission shall determine,

(a) whether a person can participate in the public inquiry;

(b) the manner and scope of the participation of different participants or different classes of participants;

(c) the rights and responsibilities, if any, of different participants or different classes of participants; and

(d) any limits or conditions on the participation of different participants or different classes of participants.

Considerations

(2)  Before making a decision under subsection (1), the commission shall consider,

(a) whether a person has a substantial and direct interest in the subject matter of the public inquiry;

(b) whether a person is likely to be notified of a possible finding of misconduct under section 17;

(c) whether a person’s participation would further the conduct of the public inquiry; and

(d) whether a person’s participation would contribute to the openness and fairness of the public inquiry.

Representation

(3)  A person who is permitted to participate in a public inquiry,

(a) may participate on their own behalf;

(b) may be represented by a lawyer; or

(c) may, with the leave of the commission, be represented by an agent.

Protection of Participants and Witnesses

Immunities

16.  Participants and witnesses,

(a) have the same immunities as a witness who appears before a court; and

(b) are considered to have objected to answering any question that may,

(i) incriminate him or her in a criminal proceeding, or

(ii) establish his or her liability in a civil proceeding.

Rights of persons before misconduct found

17.  (1)  A commission shall not find misconduct by a person unless,

(a) reasonable notice of the possible finding and a summary of the evidence supporting the possible finding have been given to that person; and

(b) the person has been given a reasonable opportunity to respond.

Representation

(2)  Subsection 15 (3) applies with necessary modifications with respect to a person who has been given an opportunity to respond under subsection (1).

No intimidation by employer

18.  (1)  No employer, employers’ organization or person acting on behalf of an employer or employers’ organization shall,

(a) refuse to employ or continue to employ a person;

(b) threaten dismissal or otherwise threaten a person;

(c) discriminate against a person in regard to employment or a term or condition of employment; or

(d) intimidate or coerce or impose a pecuniary or other penalty on a person,

because of a belief that the person may provide information, a document or thing in a public inquiry or because the person has made or is about to make a disclosure that may be required in a public inquiry or has participated in or is about to participate in a public inquiry.

Application

(2)  This section applies despite any other Act and the oath of office of a public servant sworn or affirmed under the Public Service of Ontario Act, 2006 is not breached where information is provided in a public inquiry.

Remedies

(3)  An employee who believes that an employer, employers’ organization or other person has contravened subsection (1) may,

(a) have the matter dealt with by final and binding settlement by arbitration under any applicable collective agreement;

(b) file a complaint with the Ontario Labour Relations Board; or

(c) have the matter dealt with under the Police Services Act, if the employee is subject to a rule or code of discipline under that Act.

Inquiry by Ontario Labour Relations Board

(4)  The following apply if the employee files a complaint under clause (3) (b) with the Ontario Labour Relations Board:

1. The Ontario Labour Relations Board may inquire into the complaint, including a complaint by a public servant within the meaning of the Public Service of Ontario Act, 2006.

2. The provisions of section 96, except subsection (5), and sections 104 to 109, 110, 111, 112, 114, 116 and 117 of the Labour Relations Act, 1995 apply to the complaint with all necessary modifications.

3. The employer, employers’ organization or other person against whom the complaint is made has the burden of proving that he, she or it did not act contrary to subsection (1).

4. The Ontario Labour Relations Board may impose such penalty for a contravention of subsection (1) as the Board considers just and reasonable in all the circumstances, subject to any applicable contract of employment or collective agreement.

Disclosure by the Crown

Privilege not waived

19.  (1)  If the Government of Ontario discloses to a commission, either voluntarily or in response to a request, summons or search warrant, any information over which the Government asserts privilege or immunity, the privilege or immunity is not waived or defeated for any other purposes by the disclosure.

Disclosure not waiving privilege for other purposes

(2)  If a commission determines that it is necessary to disclose information over which the Government of Ontario asserts privilege or immunity, the privilege or immunity is not waived or defeated for any other purposes by the disclosure.

Report of Commission

Commission’s report

20.  (1)  A commission shall deliver its report in writing to the Minister on or before the date fixed in the order establishing the commission for the delivery of its report.

Interim report

(2)  A commission may prepare and deliver an interim report if the commission considers it to be appropriate for the public inquiry.

Attachment of orders

(3)  Each order made by the Lieutenant Governor in Council under this Act must be included in or appended to the commission’s report.

Unfinished report

(4)  If a commission does not for any reason deliver its report, the Minister may publish any unfinished work of the commission, and that work shall be treated as if it had been published by the commission.

Languages

Languages of order

21.  (1)  Each order made by the Lieutenant Governor in Council under this Act must be made in both English and French.

Exception

(2)  Where an order is not ready in both English and French at the same time and the Lieutenant Governor in Council determines that the health or safety of the public would not be served by waiting, the order may be made in one language and the version in the other language shall be made as soon as practicable.

Languages of report

(3)  The commission’s report shall be delivered, in accordance with the order establishing the commission, in both English and French at the same time.

Simultaneous public release

(4)  Where the commission’s report is made available to the public, it shall be released in both English and French at the same time.

Exception

(5)  Where the commission’s report is not ready in both English and French at the same time and the Lieutenant Governor in Council determines that the health or safety of the public would not be served by waiting, the Lieutenant Governor in Council may, by order,

(a) allow one version of the report to be delivered or released at a time later than the other version;

(b) allow one version of the report to be delivered after the date required for its delivery; and

(c) provide that the Government of Ontario will translate the delayed version of the report, and that version shall be considered to be the official report of the commission for all purposes.

Protection of the Commission

Protection against compulsion

22.  (1)  No commissioner or any person acting on behalf of or under the direction of a commission is a competent or compellable witness in a proceeding concerning anything done under this Act, other than a proceeding under the Criminal Code (Canada).

Confidentiality

(2)  No commissioner or any person acting on behalf of or under the direction of a commission shall,

(a) disclose to any person during the public inquiry any information obtained in the public inquiry, except for the purposes of the public inquiry; and

(b) disclose to any person after the delivery of the commission’s report any information obtained in the public inquiry, except information otherwise available to the public.

Exception

(3)  Subsection (2) does not apply if the disclosure is in relation to any action, application or other legal proceeding to which the commission is a party.

Protection from action

23.  (1)  No action or other proceeding lies or shall be instituted against a commission, a commissioner, a person acting on behalf of or under the direction of a commission or any other person acting pursuant to this Act for any act done in good faith in the exercise or performance or the intended exercise or performance of any power or duty under this Act or for neglect or default in the good faith exercise or performance of such power or duty.

Crown not relieved of liability

(2)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability for the acts or omissions of a minister of the Crown, a public servant, a commission, a commissioner, a person acting on behalf of or under the direction of a commission or any other person acting pursuant to this Act to which it would otherwise be subject and the Crown is liable under that Act as if subsection (1) had not been enacted.

Review of decisions

24.  (1)  A decision or an action taken by a commission is final and conclusive for all purposes and,

(a) shall not be challenged, reviewed, prohibited, restrained or quashed in any court; and

(b) is not subject to any proceedings or process in court.

Standard of review

(2)  In any judicial review of a decision of a commission or of any matter involving a commission, the decision of the commission or any action or inaction of the commission in respect of any other matter shall not be altered or set aside unless it is unreasonable.

Limitation period

(3)  No application for judicial review may be brought more than 14 days after the date the decision or matter for which judicial review is being sought occurred, and any application for judicial review after that period shall, in the absence of evidence to the contrary, be presumed to result in substantial prejudice or hardship within the meaning of section 5 of the Judicial Review Procedure Act.

Financial and Administrative Matters

Commission budget

25.  (1)  The Minister shall, in consultation with the commission, set a budget for the conduct of a public inquiry.

Staffing

(2)  The Minister may, in consultation with the commission,

(a) establish fees and rates of pay for persons engaged by the commission under subsection 26 (1); and

(b) provide for the secondment of public servants to assist the commission.

Revised budget

(3)  The Minister may, in consultation with the commission, revise the budget for the commission to accommodate any change in circumstances.

Future financial commitments

(4)  A commission has no capacity to make any financial commitments for expenditures in respect of activities after the date for the delivery of the commission’s report.

Exception, legal proceedings

(5)  Subsection (4) does not apply to expenditures arising from any action, application or other legal proceeding to which the commission is a party.

Funding information not privileged, confidential

(6)  No privilege or confidentiality applies to information on any funding provided to a participant by the Government of Ontario, including the existence of any funding and its nature, rate and amount.

Funding information not personal information

(7)  Despite the Freedom of Information and Protection of Privacy Act, the information described in subsection (6) is not personal information within the meaning of that Act.

Commission staff

26.  (1)  A commission may engage the services of,

(a) one or more lawyers to act as its counsel;

(b) clerks, reporters and assistants; and

(c) other persons having special technical or other expertise or knowledge.

Public Service of Ontario Act, 2006

(2)  The Public Service of Ontario Act, 2006 does not apply to a person engaged under subsection (1) but does apply to any public servant seconded to the commission.

Administrative information

27.  (1)  A commission and the Minister may at any time, or shall on the request of either, share with each other administrative information relating to the commission and the public inquiry, including information respecting,

(a) the budget for the commission;

(b) the commission’s actual and projected expenditures;

(c) the timing and progress of the public inquiry; and

(d) the production and delivery of the commission’s report.

Excluded information

(2)  Nothing in subsection (1) authorizes the provision of information respecting the substance of the deliberations of the commission in the public inquiry or the contents of the commission’s report.

Enforcement of Process

Power to maintain order

28.  (1)  A commission may make such orders or give such directions at a public inquiry as it considers proper to maintain order and to prevent the abuse of the commission’s processes.

Enforcement of order or direction

(2)  A peace officer called upon to enforce a commission’s order or direction may take any action that is necessary to do so and may use such force as is reasonably required for that purpose.

Failure to comply with order

29.  Without limiting any other power of enforcement, if a person fails to comply with an order, directive or rule of a commission, the commission may, after giving notice to the person,

(a) continue with the public inquiry and make a finding or recommendation based on the information before it, with or without providing an opportunity for submissions from that person; or

(b) make any order necessary for the purpose of enforcing its orders, directives or rules.

Contempt proceedings

30.  (1)  A commission may, on its own motion or on the motion of a participant to the public inquiry, state a case to the Divisional Court setting out the facts where any person without lawful excuse,

(a) fails to attend the public inquiry after being duly summoned as a witness;

(b) obstructs or hinders a person in the execution of a duly issued warrant;

(c) being a witness or otherwise participating in a public inquiry,

(i) refuses to take an oath or to make an affirmation legally required by the commission to be taken or made,

(ii) refuses to produce any information, document or thing in his or her power or control legally required by the commission to be produced by him or her, or

(iii) refuses to answer any question to which the commission may legally require an answer; or

(d) does any other thing that, if the commission had been a court of law having power to commit for contempt, would have been contempt of that court.

Actions of the court

(2)  In the stated case, the Divisional Court may inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of the person and after hearing any statement that may be offered in defence, punish or take steps for the punishment of the person in like manner as if he or she had been guilty of contempt of the court.

Records

Power to record hearings

31.  (1)  A commission may transcribe or record its meetings and shall transcribe or record its hearings.

Transcription or recording considered correct

(2)  The transcription or recording of a meeting or hearing is deemed to be correct and to constitute part of the record of the meeting or hearing.

Validity not affected

(3)  The validity of the meeting or hearing is not affected if, by a mechanical or human failure or an accident, the transcription or recording of a meeting or hearing is destroyed, interrupted or incomplete.

Transitional Matters

Continuation of inquiries under former Act

32.  (1)  Where a commission has commenced, but not concluded, an inquiry under the former Act before this Act comes into force,

(a) the former Act continues to apply to the inquiry; and

(b) the persons appointed to conduct the inquiry continue to hold office until the inquiry is concluded.

Legal proceedings

(2)  Any action, application or other legal proceeding or any remedy that was commenced, immediately before this Act comes into force, by or against a commission, a person appointed to conduct an inquiry, a person acting on behalf of or under the direction of a commission or any other person acting pursuant to the former Act may be continued as if the former Act were in force.

Definition of “former Act”

(3)  In this section,

“former Act” means the Public Inquiries Act, as it read immediately before its repeal by section 37.

Procedures under Other Acts

Former Part II inquiries

Definition

33.  (1)  In this section,

“inquiry” includes a determination, examination, hearing, inquiry, investigation, review or other activity to which this section is applicable.

Standard procedure

(2)  This section applies where another Act or a regulation confers on a person or body the power to conduct an inquiry in accordance with this section or certain provisions of this section.

Power to summon witnesses, papers, etc.

(3)  The person or body conducting the inquiry may require any person by summons,

(a) to give evidence on oath or affirmation at the inquiry; or

(b) to produce in evidence at the inquiry such documents and things as the person or body conducting the inquiry may specify,

relevant to the subject matter of the inquiry and not inadmissible in evidence under subsection (13).

Form and service of summons

(4)  A summons issued under subsection (3) shall be in either the English or French version of the form prescribed by the regulations and shall be served personally on the person summoned and he or she shall be paid at the time of service the like fees and allowances for attendance as a witness before the person or body conducting the inquiry as are paid for the attendance of a witness summoned to attend before the Superior Court of Justice.

Stated case for contempt for failure to attend hearing, etc.

(5)  Where any person without lawful excuse,

(a) on being duly summoned under subsection (3) as a witness at an inquiry makes default in attending at the inquiry; or

(b) being in attendance as a witness at an inquiry, refuses to take an oath or to make an affirmation legally required by the person or body conducting the inquiry to be taken or made, or to produce any document or thing in his or her power or control legally required by the person or body conducting the inquiry to be produced, or to answer any question to which the person or body conducting the inquiry may legally require an answer; or

(c) does any other thing that, if the person or body conducting the inquiry had been a court of law having power to commit for contempt, would have been contempt of that court,

the person or body conducting the inquiry may state a case to the Divisional Court setting out the facts and that court may, on the application of the person or body conducting the inquiry or of the Attorney General, inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of that person and after hearing any statement that may be offered in defence, punish or take steps for the punishment of that person in like manner as if he or she had been guilty of contempt of the court.

Protection of witnesses

(6)  A witness at an inquiry shall be deemed to have objected to answer any question asked him or her upon the ground that his or her answer may tend to criminate the witness or may tend to establish his or her liability to civil proceedings at the instance of the Crown or of any person, and no answer given by a witness at an inquiry shall be used or be receivable in evidence against him or her in any trial or other proceedings against him or her thereafter taking place, other than a prosecution for perjury in giving such evidence.

Right to object

(7)  A witness shall be informed by the person or body conducting the inquiry of his or her right to object to answer any question under section 5 of the Canada Evidence Act.

No discipline of employees

(8)  No adverse employment action shall be taken against any employee of any person because the employee, acting in good faith, has made representations as a party or has disclosed information either in evidence or otherwise to a person or body conducting the inquiry under the applicable Act or to the staff of a person or body conducting the inquiry.

Offence

(9)  Any person who, contrary to subsection (8), takes adverse employment action against an employee is guilty of an offence and on conviction is liable to a fine of not more than $5,000.

Application

(10)  This section applies despite any other Act and the oath of office of a public servant within the meaning of the Public Service of Ontario Act, 2006 is not breached where information is disclosed as described in subsection (8).

Effective date

(11)  This section applies to representations made, and information disclosed, on or after June 12, 2000.

Unsworn evidence admissible

(12)  A person or body conducting the inquiry may admit at an inquiry evidence not given under oath or affirmation.

Privilege

(13)  Nothing is admissible in evidence at an inquiry that would be inadmissible in a court by reason of any privilege under the law of evidence.

Release of documents

(14)  Documents and things produced in evidence at an inquiry shall, upon request of the person who produced them or the person entitled thereto, be released to the person by the person or body conducting the inquiry within a reasonable time.

Photocopies of documents

(15)  Where a document has been produced in evidence before a person or body conducting the inquiry, the person or body conducting the inquiry may or the person producing it may with the leave of the person or body conducting the inquiry, cause the document to be photocopied and the photocopy may be filed in evidence in the place of the document produced, and a copy of a document produced in evidence, certified to be a true copy thereof by the person or body conducting the inquiry, is admissible in evidence in proceedings in which the document produced is admissible, as evidence of the document produced.

Power to administer oaths and require evidence under oath

(16)  A person or body conducting an inquiry has power to administer oaths and affirmations for the purpose of the inquiry and may require evidence to be given under oath or affirmation.

Powers of multiple appointees

(17)  Where two or more persons are appointed to make an inquiry, any one of them may exercise the powers conferred by subsection (3), (4), (14), (15) or (16).

Special procedure under other Acts

Definition

34.  (1)  In this section,

“inquiry” includes an inquiry or other activity to which this section is applicable.

Application

(2)  This section applies to,

(a) an inquiry conducted under subsections 160 (2) and 169 (2) of the City of Toronto Act, 2006;

(b) an inquiry conducted under subsection 31 (2) of the Members’ Integrity Act, 1994;

(c) an inquiry conducted under subsections 223.4 (2) and 223.12 (2) of the Municipal Act, 2001; and

(d) a person acting under subsection 51 (11.1) of the Law Society Act, to the extent applicable under subsection 51 (11.2) of that Act.

Procedure

(3)  Subject to subsections (4) and (5), the conduct of and the procedure to be followed on an inquiry is under the control and direction of the person or body conducting the inquiry.

Hearings to be open, exceptions

(4)  All hearings on an inquiry are open to the public except where the person or body conducting the inquiry is of the opinion that,

(a) matters involving public security may be disclosed at the hearing; or

(b) intimate financial or personal matters or other matters may be disclosed at the hearing that are of such a nature, having regard to the circumstances, that the desirability of avoiding disclosure thereof in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public,

in which case the person or body may hold the hearing concerning any such matters in the absence of the public.

Rights of persons interested

(5)  A person or body conducting the inquiry shall accord to any person who satisfies the person or body that the person has a substantial and direct interest in the subject matter of the inquiry an opportunity during the inquiry to give evidence and to call and examine or to cross-examine witnesses personally or by counsel on evidence relevant to the person’s interest.

Rights of persons before misconduct found

(6)  No finding of misconduct on the part of any person shall be made against the person in any report of a person or body conducting the inquiry after the inquiry unless that person had reasonable notice of the substance of the alleged misconduct and was allowed full opportunity during the inquiry to be heard in person or by counsel.

Stated case

(7)  Where the authority to appoint a person or body under an Act referred to in subsection (2) or the authority of the person or body to do any act or thing proposed to be done or done in the course of the inquiry is called into question by a person affected, the person or body conducting the inquiry may of its own motion or upon the request of such person or body state a case in writing to the Divisional Court setting forth the material facts and the grounds upon which the authority to appoint the person or body or their authority to do the act or thing are questioned.

Order directing stated case

(8)  If the person or body conducting the inquiry refuses to state a case under subsection (7), the person requesting it may apply to the Divisional Court for an order directing the person or body to state such a case.

Court to hear and determine stated case

(9)  Where a case is stated under this section, the Divisional Court shall hear and determine in a summary manner the question raised.

Proceedings stayed

(10)  Pending the decision of the Divisional Court on a case stated under this section, no further proceedings shall be taken by the person or body conducting the inquiry with respect to the subject matter of the stated case, but the person or body may continue the inquiry into matters not in issue in the stated case.

Languages of final reports

(11)  The final report of a person or body conducting the inquiry shall be submitted in both English and French at the same time.

Same

(12)  When the final report is made available to the public, it shall be released in both English and French at the same time.

Exception

(13)  The Lieutenant Governor in Council may order that subsection (11), subsection (12) or both subsections do not apply to a final report if, in the opinion of the Lieutenant Governor in Council, the health or safety of the public would not be served by delaying the submission, release or both because only one language version is ready.

Same

(14)  If an order is made under subsection (13), the other language version shall be submitted, released or both, as the case may be, as soon as possible.

Penalties

Penalties

35.  Every person or employers’ organization that contravenes subsection 13 (8) or (10), 18 (1) or 22 (2) is guilty of an offence and on conviction is liable,

(a) if an individual, to a fine of not more than $5,000; or

(b) if a corporation or employers’ organization, to a fine of not more than $25,000.

Regulations

Regulations

36.  The Lieutenant Governor in Council may make such regulations as the Lieutenant Governor in Council considers necessary or advisable for carrying out the intent and purposes of this Act, including regulations respecting forms used for the purposes of this Act.

Repeal and Consequential Amendments

Repeal

37.  The Public Inquiries Act is repealed.

AgriCorp Act, 1996

38.  Subsection 3 (8) of the AgriCorp Act, 1996 is repealed and the following substituted:

Inquiry

(8)  AgriCorp may inquire into any matter relating to its objects and section 33 of the Public Inquiries Act, 2009 applies to that inquiry.

Architects Act

39.  Subsection 38 (2) of the Architects Act is repealed and the following substituted:

Powers of investigator

(2)  For purposes relevant to the subject matter of an investigation under this section, the person appointed to make the investigation may inquire into and examine the practice of the member or holder of the certificate of practice or temporary licence in respect of whom the investigation is being made and may, upon production of his or her appointment, enter at any reasonable time the business premises of the member or holder and examine books, records, documents and things relevant to the subject matter of the investigation.

Application of Public Inquiries Act, 2009

(2.1)  Section 33 of the Public Inquiries Act, 2009 applies to the inquiry under subsection (2).

Archives and Recordkeeping Act, 2006

40.  Clause (d) of the definition of “public body” in subsection 2 (1) of the Archives and Recordkeeping Act, 2006 is repealed and the following substituted:

(d) a commission under the Public Inquiries Act, 2009, or

Athletics Control Act

41.  Section 8 of the Athletics Control Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

8.  Section 33 of the Public Inquiries Act, 2009 applies to an investigation under section 6 or 7.

Auditor General Act

42.  Subsection 11 (2) of the Auditor General Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(2)  Section 33 of the Public Inquiries Act, 2009 applies to the examination by the Auditor General.

Building Code Act, 1992

43.  Subsection 30 (2) of the Building Code Act, 1992 is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(2)  Section 33 of the Public Inquiries Act, 2009 applies to the inquiry.

Charities Accounting Act

44.  (1)  Subsection 6 (4) of the Charities Accounting Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(4)  Section 33 of the Public Inquiries Act, 2009 applies to an investigation directed under subsection (3).

(2)  Subsection 10 (4) of the Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(4)  Section 33 of the Public Inquiries Act, 2009 applies to an investigation directed under subsection (3).

Child and Family Services Act

45.  Subsection 67 (2) of the Child and Family Services Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(2)  Section 33 of the Public Inquiries Act, 2009 applies to an investigation by a judge under subsection (1).

City of Toronto Act, 2006

46.  (1)  Subsection 160 (2) of the City of Toronto Act, 2006 is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(2)  The Commissioner may elect to exercise the powers under sections 33 and 34 of the Public Inquiries Act, 2009, in which case those sections apply to the inquiry in accordance with the election.

(2)  Subsection 169 (2) of the Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(2)  The registrar may elect to exercise the powers under sections 33 and 34 of the Public Inquiries Act, 2009, in which case those sections apply to the inquiry in accordance with the election.

(3)  Subsection 180 (2) of the Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(2)  Section 34 of the Public Inquiries Act, 2009 applies to an examination by the Auditor General.

(4)  Subsection 198 (2) of the Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(2)  Section 34 of the Public Inquiries Act, 2009 applies to an inquiry by the clerk into the sufficiency of the application.

(5)  Subsection 215 (2) of the Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(2)  Section 34 of the Public Inquiries Act, 2009 applies to the investigation or inquiry by the judge.

(6)  Subsection 235 (3) of the Act is repealed and the following substituted:

Evidence on oath

(3)  The auditor may require any person to give evidence on oath respecting any of the information and explanation under subsection (2) and for that purpose has the powers under section 34 of the Public Inquiries Act, 2009, in which case that section applies to the proceeding.

(7)  Section 404 of the Act is amended by striking out “Public Inquiries Act” and substituting “Public Inquiries Act, 2009.

Community Small Business Investment Funds Act

47.  Subsection 32 (5) of the Community Small Business Investment Funds Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(5)  Section 33 of the Public Inquiries Act, 2009 applies to an inquiry under subsection (4).

Condominium Act, 1998

48.  Subsection 130 (3) of the Condominium Act, 1998 is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(3)  Those provisions of section 33 of the Public Inquiries Act, 2009 that the order states apply to the inspector’s investigation or audit.

Corporations Tax Act

49.  Subsection 93 (9) of the Corporations Tax Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(9)  Section 33 of the Public Inquiries Act, 2009 apply to an inquiry authorized under subsection (5).

Courts of Justice Act

50.  Section 24 of Appendix A of Framework Agreement of the Schedule to the Courts of Justice Act is repealed and the following substituted:

24.  Despite the repeal of the Public Inquiries Act, in connection with, and for the purposes of, any inquiry, the Commission or any member thereof has the powers of a commission under that Act.

Drug and Pharmacies Regulation Act

51.  Section 148.3 of the Drug and Pharmacies Regulation Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

148.3  Section 33 of the Public Inquiries Act, 2009 applies to a determination by an inspector whether a person mentioned in subsection 140 (1) has committed an act of proprietary misconduct or is in breach of this Act or the regulations.

Early Childhood Educators Act, 2007

52.  Subsection 39 (4) of the Early Childhood Educators Act, 2007 is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(4)  Section 33 of the Public Inquiries Act, 2009 applies to the investigation.

Education Act

53.  (1)  Clause 10 (b) of the Education Act is repealed and the following substituted:

commission of inquiry

(b) appoint as a commission one or more persons, as the Minister considers expedient, to inquire into and report upon any school matter, and section 33 of the Public Inquiries Act, 2009 applies to that commission;

(2)  Subsection 230.2 (6) of the Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(6)  Section 33 of the Public Inquiries Act, 2009 applies an investigation.

(3)  Subsection 253 (7) of the Act is repealed and the following substituted:

Power to take evidence

(7)  An auditor of a board may require any person to give evidence on oath or affirmation for the purposes of the audit and section 33 of the Public Inquiries Act, 2009 applies for the purposes of obtaining that evidence.

(4)  Subsection 257.30 (4) of the Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(4)  Section 33 of the Public Inquiries Act, 2009 applies to an investigation.

Election Act

54.  (1)  Section 4.0.1 of the Election Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

4.0.1  Section 33 of the Public Inquiries Act, 2009 applies to any investigation or examination under this Act by the Chief Electoral Officer.

(2)  Section 111 of the Act is repealed and the following substituted:

Inquiry as to extensive corrupt practices

111.  The Lieutenant Governor in Council, upon the recommendation of the Assembly, may establish a commission to inquire into whether corrupt practices extensively prevailed at the election and section 33 of the Public Inquiries Act, 2009 applies to that inquiry.

Election Finances Act

55.  Section 3 of the Election Finances Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

3.  Section 33 of the Public Inquiries Act, 2009 applies to any investigation or examination under this Act or the Taxpayer Protection Act, 1999 by the Chief Electoral Officer.

Electoral System Referendum Act, 2007

56.  Subsection 13 (1) of the Electoral System Referendum Act, 2007 is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(1)  Section 33 of the Public Inquiries Act, 2009 applies to any investigation or examination under this Act by the Chief Electoral Officer.

Environmental Bill of Rights, 1993

57.  Subsection 60 (2) of the Environmental Bill of Rights, 1993 is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(2)  Section 33 of the Public Inquiries Act, 2009 applies to an examination under subsection (1).

Farm Products Marketing Act

58.  Subsection 3 (2) of the Farm Products Marketing Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(2)  Section 33 of the Public Inquiries Act, 2009 applies to an investigation under this section.

Fire Protection and Prevention Act, 1997

59.  Subsection 9 (3) of the Fire Protection and Prevention Act, 1997 is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(3)  Section 33 of the Public Inquiries Act, 2009 applies to any inquiry or investigation by the Fire Marshal under this Act.

French Language Services Act

60.  Subsection 12.4 (3) of the French Language Services Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(3)  Section 33 of the Public Inquiries Act, 2009 applies to an investigation by the Commissioner.

Health Insurance Act

61.  Subsection 40.1 (2) of the Health Insurance Act is repealed and the following substituted:

Same

(2)  Section 33 of the Public Inquiries Act, 2009 applies to the activities of an inspector only in relation to those persons described in paragraphs 1 and 2 of subsection (1).

Health Protection and Promotion Act

62.  Subsection 78 (3) of the Health Protection and Promotion Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(3)  Section 33 of the Public Inquiries Act, 2009 applies to the investigation.

Hospital and Charitable Institutions Inquiries Act

63.  Section 1 of the Hospital and Charitable Institutions Inquiries Act is repealed and the following substituted:

Inquiry

1.  (1)  Whenever the Lieutenant Governor in Council considers it expedient, the Lieutenant Governor in Council may, by order, appoint one or more persons to conduct an inquiry to be made concerning any matter connected with or affecting a hospital, sanatorium, charitable institution or other organization that is granted aid out of money appropriated by the Legislature.

Application of Public Inquiries Act, 2009

(2)  Section 33 of the Public Inquiries Act, 2009 applies to the inquiry.

Law Society Act

64.  Subsection 51 (11.2) of the Law Society Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(11.2)  Subsections 33 (4), (5) and (16) and 34 (4) of the Public Inquiries Act, 2009 apply, with necessary modifications, if a summons is issued under subsection (11.1).

Livestock, Poultry and Honey Bee Protection Act

65.  Subsection 6 (2) of the Livestock, Poultry and Honey Bee Protection Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(2)  Section 33 of the Public Inquiries Act, 2009 applies to an inquiry under subsection (1).

Members’ Integrity Act, 1994

66.  Clause 31 (2) (a) of the Members’ Integrity Act, 1994 is repealed and the following substituted:

(a) the Commissioner may elect to exercise the powers under sections 33 and 34 of the Public Inquiries Act, 2009, in which case those sections apply to the inquiry; and

Milk Act

67.  Subsection 3 (3) of the Milk Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(3)  Section 33 of the Public Inquiries Act, 2009 applies to any inquiry, arbitration or investigation under subsection (2).

Ministry of Consumer and Business Services Act

68.  Subsection 5.1 (2) of the Ministry of Consumer and Business Services Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(2)  The person appointed shall report the result of the investigation to the Minister and section 33 of the Public Inquiries Act, 2009 applies to that investigation.

Ministry of Correctional Services Act

69.  Section 23 of the Ministry of Correctional Services Act is repealed and the following substituted:

Ministerial inquiry

23.  (1)  The Minister may, by order, appoint a person to make an inquiry into any matter to which this Act applies as may be specified in the Minister’s order and the person so appointed shall report the result of the inquiry to the Minister.

Application of Public Inquiries Act, 2009

(2)  Section 33 of the Public Inquiries Act, 2009 applies to the inquiry.

Ministry of Labour Act

70.  Subsection 9 (2) of the Ministry of Labour Act is repealed and the following substituted:

Public inquiries by Board

(2)  For the purpose of procuring such information or for the purpose of assisting the Ministry in carrying out section 6, the Minister may authorize the Board or any members of the Board to conduct an inquiry and section 33 of the Public Inquiries Act, 2009 applies to the inquiry.

Motor Vehicle Dealers Act

71.  (1)  Section 12 of the Motor Vehicle Dealers Act is repealed and the following substituted:

Investigations by order of Minister

12.  The Minister may by order appoint a person to make an investigation into any matter to which this Act applies as may be specified in the Minister’s order and the person appointed shall report the result of his or her investigation to the Minister and section 33 of the Public Inquiries Act, 2009 applies to the investigation.

(2)  Subsection 13 (2) of the Act is repealed and the following substituted:

Powers of investigator

(2)  Section 33 of the Public Inquiries Act, 2009 applies to an investigation under this section and the person appointed to make the investigation may, for purposes relevant to the subject matter of the investigation, inquire into and examine the affairs of the person in respect of whom the investigation is being made and may,

(a) upon production of his or her appointment, enter at any reasonable time the business premises of such person and examine books, papers, documents and things relevant to the subject matter of the investigation; and

(b) inquire into negotiations, transactions, loans, borrowings made by or on behalf of or in relation to such person and into property, assets or things owned, acquired or alienated in whole or in part by the person or any person acting on the person’s behalf that are relevant to the subject matter of the investigation.

Municipal Act, 2001

72.  (1)  Subsection 223.4 (2) of the Municipal Act, 2001 is repealed and the following substituted:

Powers on inquiry

(2)  The Commissioner may elect to exercise the powers under sections 33 and 34 of the Public Inquiries Act, 2009, in which case those sections apply to the inquiry.

(2)  Subsection 223.12 (2) of the Act is repealed and the following substituted:

Inquiry

(2)  The registrar may elect to exercise the powers under sections 33 and 34 of the Public Inquiries Act, 2009, in which case those sections apply to the inquiry.

(3)  Subsection 223.21 (2) of the Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(2)  Section 33 of the Public Inquiries Act, 2009 applies to an examination by the Auditor General.

(4)  Subsection 250 (2) of the Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(2)  Section 33 of the Public Inquiries Act, 2009 applies to an inquiry into the sufficiency of the application by the clerk.

(5)  Subsection 274 (2) of the Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(2)  Section 33 of the Public Inquiries Act, 2009 applies to the investigation or inquiry by the judge.

(6)  Subsection 297 (3) of the Act is repealed and the following substituted:

Evidence on oath

(3)  The auditor may require any person to give evidence on oath respecting any of the information and explanation under subsection (2) and section 33 of the Public Inquiries Act, 2009 applies to the taking of that evidence.

Municipal Affairs Act

73.  Section 12 of the Municipal Affairs Act is repealed and the following substituted:

Powers of auditor

12.  (1)  For the purposes of any audit, the officer of the Ministry or other person appointed to make the audit may,

(a) require the production of all or any books, records and documents that may in any way relate to the affairs of the municipality that are the subject of the audit;

(b) inspect, examine and audit and copy anything required to be produced under clause (a); and

(c) require any officer of the municipality and any other person to appear before him or her and give evidence on oath touching any of such affairs.

Application of Public Inquiries Act, 2009

(2)  Section 33 of the Public Inquiries Act, 2009 applies to the audit.

Municipal Elections Act, 1996

74.  Clause 81 (8) (b) of the Municipal Elections Act, 1996 is repealed and the following substituted:

(b) has the powers set out in section 34 of the Public Inquiries Act, 2009 and section 34 applies to the audit.

Niagara Escarpment Planning and Development Act

75.  Subsection 10 (7) of the Niagara Escarpment Planning and Development Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(7)  Section 33 of the Public Inquiries Act, 2009 applies to a hearing under subsection (3).

Ontario College of Teachers Act, 1996

76.  Subsection 36 (4) of the Ontario College of Teachers Act, 1996 is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(4)  Section 33 of the Public Inquiries Act, 2009 applies to the investigation.

Ontario Energy Board Act, 1998

77.  Subsection 88.0.1 (16) of the Ontario Energy Board Act, 1998 is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(16)  Section 33 of the Public Inquiries Act, 2009 applies to an inquiry under subsection (11).

Police Services Act

78.  (1)  Subsection 22 (2) of the Police Services Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(2)  Section 33 of the Public Inquiries Act, 2009 applies to an investigation or inquiry conducted by the Commission.

(2)  Subsection 26 (2) of the Act is repealed.

(3)  Section 26.4 of the Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

26.4  Section 33 of the Public Inquiries Act, 2009 applies to an investigation or review under this Act by the Independent Police Review Director or by an investigator appointed under subsection 26.5 (1) or an employee in the office of the Independent Police Review Director who is conducting an investigation or review on behalf of the Independent Police Review Director.

Professional Engineers Act

79.  Subsection 33 (2) of the Professional Engineers Act is repealed and the following substituted:

Powers of investigator

(2)  For purposes relevant to the subject matter of an investigation under this section, the person appointed to make the investigation may inquire into and examine the practice of the member or holder of the certificate of authorization, temporary licence, provisional licence or limited licence in respect of whom the investigation is being made and, upon production of his or her appointment, may enter at any reasonable time the business premises of the member or holder and examine books, records, documents and things relevant to the subject matter of the investigation.

Application of Public Inquiries Act, 2009

(2.1)  Section 33 of the Public Inquiries Act, 2009 applies to the inquiry under subsection (2).

Professional Foresters Act, 2000

80.  Subsection 48 (4) of the Professional Foresters Act, 2000 is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(4)  Section 33 of the Public Inquiries Act, 2009 applies to the investigation.

Public Guardian and Trustee Act

81.  Section 6 of the Public Guardian and Trustee Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

6.  Section 33 of the Public Inquiries Act, 2009 applies to an inquiry under section 5 by the Public Guardian and Trustee.

Registered Insurance Brokers Act

82.  Subsection 25 (3) of the Registered Insurance Brokers Act is repealed and the following substituted:

Powers of investigator

(3)  For purposes relevant to the subject matter of an investigation under this section, a person appointed to make the investigation may inquire into and examine the practice of the member in respect of whom the investigation is being made and, upon production of his or her appointment, may enter at any reasonable time the business premises of such person and examine books, records, documents and things relevant to the subject matter of the investigation.

Application of Public Inquiries Act, 2009

(3.1)  Section 33 of the Public Inquiries Act, 2009 applies to an inquiry.

Registry Act

83.  Section 98 of the Registry Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

98.  If the Director or the Director of Titles, in the performance of duties under this Act, has occasion to make an inquiry or to determine any matter, section 33 of the Public Inquiries Act, 2009 applies to that inquiry or determination.

Regulated Health Professions Act, 1991

84.  Subsection 76 (1) of Schedule 2 (Health Professions Procedural Code) to the Regulated Health Professions Act, 1991 is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(1)  An investigator may inquire into and examine the practice of the member to be investigated and section 33 of the Public Inquiries Act, 2009 applies to that inquiry and examination.

Retail Sales Tax Act

85.  Subsection 31 (10) of the Retail Sales Tax Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(10)  Section 33 of the Public Inquiries Act, 2009 applies to an inquiry under subsection (5).

Social Work and Social Service Work Act, 1998

86.  Subsection 32 (4) of the Social Work and Social Service Work Act, 1998 is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(4)  Section 33 of the Public Inquiries Act, 2009 applies to the investigation.

Statutory Powers Procedure Act

87.  Clause 3 (2) (f) of the Statutory Powers Procedure Act is amended by striking out “Public Inquiries Act” and substituting “Public Inquiries Act, 2009”.

Surveyors Act

88.  Subsection 30 (2) of the Surveyors Act is repealed and the following substituted:

Powers of investigator

(2)  For purposes relevant to the subject matter of an investigation under this section, the person appointed to make the investigation may inquire into and examine the practice of the member or holder of the certificate of authorization in respect of whom the investigation is being made and, upon production of his or her appointment, may enter at any reasonable time the business premises of the member or holder and examine books, records, documents and things relevant to the subject matter of the investigation.

Application of Public Inquiries Act, 2009

(2.1)  Section 33 of the Public Inquiries Act, 2009 applies to the inquiry under subsection (2).

Surveys Act

89.  Subsection 7 (1) of the Surveys Act is repealed and the following substituted:

Examination re boundaries, etc.

(1)  Where a surveyor has reasonable grounds for believing that a person has information concerning a line, boundary, corner or post that may assist the surveyor in ascertaining its true position, or has a writing, plan or document concerning the true position of a line, boundary, corner or post, the surveyor may examine such person under oath or require such person to produce such writing, plan or document for the surveyor’s inspection.

Application of Public Inquiries Act, 2009

(1.1)  Section 33 of the Public Inquiries Act, 2009 applies to an examination under subsection (1).

Veterinarians Act

90.  Subsection 36 (2.1) of the Veterinarians Act is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(2.1)  Section 33 of the Public Inquiries Act, 2009 applies to an investigation under this section.

Workplace Safety and Insurance Act, 1997

91.  Subsection 136 (1) of the Workplace Safety and Insurance Act, 1997 is repealed and the following substituted:

Application of Public Inquiries Act, 2009

(1)  Section 33 of the Public Inquiries Act, 2009 applies to an examination, investigation and inspection conducted by the Board or any person appointed by the Board.

Commencement and Short Title

Commencement

92.  The Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

93.  The short title of the Act set out in this Schedule is the Public Inquiries Act, 2009.

SCHEDULE 7
MINISTRY OF CHILDREN AND YOUTH SERVICES

Child and Family Services Act

1.  (1)  The definition of “Minister” in subsection 3 (1) of the Child and Family Services Act is repealed and the following substituted:

“Minister” means the Minister of Children and Youth Services or such other member of the Executive Council as may be designated under the Executive Council Act to administer this Act; (“ministre”)

(2)  The French version of clause 45 (4) (b) of the Act is amended by striking out “la possibilité que la présence du public causerait” at the beginning and substituting “la question de savoir si la présence du public pourrait causer”.

(3)  The French version of subsection 75 (3) of the Act is amended by striking out “dans la forme prescrite” at the end and substituting “selon la formule prescrite”.

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

Detention under Provincial Offences Act

Pre-trial detention

94.  (1)  Where a young person is ordered to be detained in custody under subsection 150 (4) (order for detention) or 151 (2) (further orders) of the Provincial Offences Act, the young person shall be detained in a place of temporary detention.

Open custody for provincial offences

(2)  Where a young person is sentenced to a term of imprisonment under the Provincial Offences Act,

(a) the term of imprisonment shall be served in a place of open custody, subject to subsections (3) and (4);

(b) section 91 of the federal Act applies with necessary modifications; and

(c) sections 28 (remission) and 28.1 (determinations of remission) and Part III (Ontario Parole and Earned Release Board) of the Ministry of Correctional Services Act apply with necessary modifications.

Transfer to place of secure custody

(3)  Where a young person is placed in open custody under clause (2) (a), the provincial director may transfer the young person to a place of secure custody if, in the opinion of the provincial director, the transfer is necessary for the safety of the young person or the safety of others in the place of open custody.

Concurrent terms

(4)  Where a young person is committed to secure custody under the Young Offenders Act (Canada) or under the federal Act and is sentenced concurrently to a term of imprisonment under the Provincial Offences Act, the term of imprisonment under the Provincial Offences Act shall be served in the same place as the disposition under the Young Offenders Act (Canada) or the sentence under the federal Act.

(5)  Subsection 96 (6) of the Act is amended by striking out “shall be paid the daily allowances” and substituting “shall be paid the remuneration”.

(6)  Subsection 98.1 (1) of the Act is repealed and the following substituted:

Inspections and investigations

(1)  The Minister may designate any person to conduct such inspections or investigations as the Minister may require in connection with the administration of this Part.

(7)  Clause 108 (e) of the Act is amended by striking out “in the case of a child” and substituting “in the case of a young person”.

(8)  Subsection 128 (2) of the Act is repealed.

(9)  The French version of clauses 158 (5) (a) and (b) of the Act is amended by striking out “acquis” wherever it appears and substituting in each case “dévolu”.

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

Licences, terms and conditions

193.1  During the course of a licence, a Director may impose terms and conditions on the licence or amend the terms and conditions on the licence.

(11)  Subsection 198 (1) of the Act is amended by striking out “under subsection 193 (3), (5) or (6)” and substituting “under subsection 193 (3), (5) or (6) or section 193.1”.

(12)  Subsection 207 (6) of the Act is amended by striking out “shall be paid the daily allowances” and substituting “shall be paid the remuneration”.

Day Nurseries Act

2.  (1)  The definitions of “Minister” and “Ministry” in subsection 1 (1) of the Day Nurseries Act are repealed and the following substituted:

“Minister” means the Minister of Children and Youth Services or such other member of the Executive Council as may be designated under the Executive Council Act to administer this Act; (“ministre”)

“Ministry” means the Ministry of the Minister; (“ministère”)

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

Licences, terms and conditions

11.1  During the course of a licence, a Director may impose terms and conditions on the licence or amend the terms and conditions on the licence.

(3)  Subsection 14 (1) of the Act is amended by striking out “under subsection 11 (2), (4) or (5)” and substituting “under subsection 11 (2), (4) or (5) or section 11.1”.

Intercountry Adoption Act, 1998

3.  (1)  The definition of “Minister” in subsection 1 (1) of the Intercountry Adoption Act, 1998 is repealed and the following substituted:

“Minister” means the Minister of Children and Youth Services or such other member of the Executive Council as may be designated under the Executive Council Act to administer this Act; (“ministre”)

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

Licences, conditions

8.1  During the course of a licence, a Director may impose conditions on the licence or amend the conditions on the licence.

(3)  Subsection 12 (1) of the Act is amended by striking out “under subsection 8 (2), (3) or (4)” and substituting “under subsection 8 (2), (3) or (4) or section 8.1”.

Commencement

Commencement

4.  This Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

SCHEDULE 8
MINISTRY OF COMMUNITY AND SOCIAL SERVICES

Accessibility for Ontarians with Disabilities Act, 2005

1.  Clause (a) of the definition of “organization” in section 2 of the Accessibility for Ontarians with Disabilities Act, 2005 is repealed and the following substituted:

(a) the Government of Ontario and any board, commission, authority or other agency of the Government of Ontario,

Family Responsibility and Support Arrears Enforcement Act, 1996

2.  (1)  Section 3 of the Family Responsibility and Support Arrears Enforcement Act, 1996 is repealed and the following substituted:

Delegation

3.  (1)  The Director may, in writing, authorize a person or class of persons employed in the Director’s office to exercise any of the powers or perform any of the duties of the Director.

Decisions

(2)  A decision made by a person exercising the Director’s powers or performing the Director’s duties under subsection (1) shall be deemed to be a decision of the Director.

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

Policies and procedures

(1.1)  The Director may establish policies and procedures respecting subsection (1) and the policies and procedures shall be considered in the exercise of the Director’s powers and the performance of the Director’s duties under that subsection.

(3)  Subsection 7 (2) of the Act is repealed and the following substituted:

Policies and procedures

(2)  The Director may establish policies and procedures respecting subsection (1) and the policies and procedures shall be considered in the exercise of the Director’s discretion under that subsection.

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

Director to cease enforcement

Termination of support obligation

8.  (1)  Subject to section 8.3, the Director shall cease enforcement of a support obligation provided for in a support order or support deduction order filed in the Director’s office if the support obligation has terminated.

How termination is determined

(2)  For the purpose of subsection (1), a support obligation is terminated if,

(a) the parties to the support order or support deduction order agree, in the manner prescribed by the regulations, that the support obligation has terminated;

(b) the support order or support deduction order states that the support obligation terminates on a set calendar date, and that date arrives;

(c) a court orders that the obligation has terminated; or

(d) in the case of an obligation for the support of a child, the Director receives notice, in accordance with the regulations, of the child’s death.

Payor’s death

(3)  The Director shall not enforce a support order or support deduction order against the estate of a payor after he or she is notified, in accordance with the regulations, of the payor’s death.

Notice to Director

(4)  For the purposes of clause (2) (a), if a support order or related support deduction order is filed in the Director’s office, each party to the support order shall give the Director notice of a termination of a support obligation under the order, in the manner and at the time prescribed by the regulations.

(5)  Subsection 8.1 (1) of the Act is amended by adding “and subject to section 8.3” after “Despite section 5” in the portion before clause (a).

(6)  Clause 8.1 (1) (a) of the Act is amended by adding “in accordance with subsection 8 (4)” after “the Director”.

(7)  Clause 8.1 (1) (c) of the Act is amended by striking out “in writing”.

(8)  Section 8.1 of the Act is amended by adding the following subsection:

Written response

(1.1)  For the purposes of clause (1) (c), the response must be in writing.

(9)  Subsection 8.2 (1) of the Act is amended by adding “Subject to section 8.3” at the beginning.

(10)  Paragraph 2 of subsection 8.2 (2) of the Act is repealed and the following substituted:

2. One of the following applies:

i. It has been agreed under clause 8 (2) (a) that the support obligation under the order has terminated with respect to a child.

ii. The payor notifies the Director in accordance with subsection 8 (4) that the support obligation has terminated, the Director serves on the recipient a request to confirm or deny that the support obligation has terminated, and the recipient does not respond within 20 days after being served.

(11)  Section 8.2 of the Act is amended by adding the following subsections:

Written response

(3)  For the purposes of subparagraph 2 ii of subsection (2), the response must be in writing.

Reinstatement

(4)  If, after the Director exercises the discretion to enforce a lesser amount in reliance on subparagraph 2 ii of subsection (2), the Director receives a written notice from the recipient denying that the support obligation has terminated, the Director may reinstate the amount enforced before the reduction.

(12)  Part II of the Act is amended by adding the following sections:

Agency’s consent required

8.3  If a support order has been assigned to an agency described in subsection 33 (3) of the Family Law Act, the Director shall not cease, discontinue or reduce enforcement of the support order without the agency’s consent.

Disputes

8.4  (1)  If the parties to a support order do not agree that a support obligation has terminated or if the agency referred to in section 8.3 does not provide its consent under that section, the court that made the support order shall, on the motion of a party to the support order or of the agency,

(a) decide whether the support obligation has terminated; and

(b) make an order to that effect.

Same

(2)  If the support order was not made by a court, the order described in subsection (1) shall be made by the Ontario Court of Justice or the Family Court.

Same

(3)  If an issue as to whether the support obligation has terminated arises within an application between the parties, it is not necessary to make a separate motion under subsection (1).

Order to repay

(4)  A court that finds that a support obligation has terminated may order repayment in whole or in part from a person who received support after the obligation was terminated if the court is of the opinion that the person ought to have notified the Director that the support obligation had terminated.

Same

(5)  In determining whether to make an order under subsection (4), the court shall consider the circumstances of each of the parties to the support order.

Role of Director

(6)  An order under subsection (4) is not a support order and shall not be enforced by the Director.

Continued enforcement

(7)  The Director shall continue to enforce the support obligation until he or she receives a copy of the court’s order terminating the support obligation.

Same

(8)  Despite the termination of a support obligation, the Director shall continue to enforce the support obligation in respect of any arrears that have accrued.

Director not a party

(9)  The Director is not a party to,

(a) a proceeding to determine a person’s entitlement to support under a support order; or

(b) a motion to decide whether a support obligation has terminated.

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

Precedence of orders

11.1  In the event of a conflict between a support order and the support deduction order made in relation to the support order, the support order prevails.

(14)  Subsection 35 (1) of the Act is amended by striking out “A payor who receives a first notice and makes a motion to change the support order” at the beginning and substituting “If a payor is served with a first notice under section 34 and makes a motion to change the support order, the payor”.

Ontarians with Disabilities Act, 2001

3.  The French version of the Preamble to the Ontarians with Disabilities Act, 2001 is amended by striking out “Loi sur l’imposition des corporations” in the 8th paragraph and substituting “Loi sur l’imposition des sociétés”.

Ontario Disability Support Program Act, 1997

4.  (1)  The French version of the definition of “benefits” in section 2 of the Ontario Disability Support Program Act, 1997 is amended by striking out “prestations pour services de santé” and substituting “prestations prolongées pour services de santé”.

(2)  The French version of the definition of “extended health benefits” in section 2 of the Act is repealed and the following substituted:

“prestations prolongées pour services de santé” Les articles, services ou versements prescrits qui sont fournis en vertu de l’article 49.1. (“extended health benefits”)

(3)  Section 7 of the Act is repealed.

(4)  Clause 20 (3) (b) of the Act is repealed and the following substituted:

(b) on the earliest of the day the prescribed time for completing the internal review expires, the day the results of the completed internal review are received and the day the results of the completed internal review are deemed to be received under section 50, if an internal review has been requested.

(5)  The French version of subsection 21 (1) of the Act is amended by striking out “aux prestations pour services de santé” and substituting “aux prestations prolongées pour services de santé”.

(6)  The French version of section 49.1 of the Act is amended by striking out “des prestations pour services de santé” and substituting “des prestations prolongées pour services de santé”.

(7)  Paragraph 12 of subsection 55 (1) of the Act is repealed.

(8)  The French version of paragraph 45.1 of subsection 55 (1) of the Act is amended by striking out “de prestations pour services de santé” and substituting “de prestations prolongées pour services de santé”.

(9)  The French version of paragraph 45.2 of subsection 55 (1) of the Act is amended by striking out “des prestations pour services de santé” and substituting “des prestations prolongées pour services de santé”.

Ontario Works Act, 1997

5.  (1)  Section 12 of the Ontario Works Act, 1997 is repealed.

(2)  Clause 25 (3) (b) of the Act is repealed and the following substituted:

(b) on the earliest of the day the prescribed time for completing the internal review expires, the day the results of the completed internal review are received and the day the results of the completed internal review are deemed to be received under section 68, if an internal review has been requested.

(3)  Paragraph 14 of subsection 74 (1) of the Act is repealed.

Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 and Related Amendments to Other Acts

6.  (1)  The definition of “professional and specialized services” in subsection 4 (2) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 is repealed and the following substituted:

“professional and specialized services” includes services provided by a psychologist, psychological associate, adult protective service worker, social worker or speech language pathologist or such other services as may be prescribed; (“services professionnels et spécialisés”)

(2)  Subsection 31 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Grounds

(2)  The Minister may make an appointment under this section if there are reasonable grounds to believe that,

. . . . .

(3)  Subsection 31 (4) of the Act is amended by striking out “a review of the order” and substituting “a review of the appointment”.

(4)  Subsection 33 (1) of the Act is repealed and the following substituted:

Protection from personal liability

(1)  No action or other proceeding for damages or otherwise shall be instituted against a manager appointed under section 31, or any agent of the manager, or any person conducting a review under subsection 31 (5) as a result of any act done in good faith in the performance or intended performance of any duty under this Act or in the exercise or intended exercise of any power under this Act, or for any neglect or default in the performance or exercise in good faith of such duty or power.

(5)  Clause 38 (j) of the Act is repealed and the following substituted:

(j) governing reviews of an appointment conducted under subsection 31 (5) and requests for such reviews;

7.  Subsection 11.8 (1) of the City of Greater Sudbury Act, 1999, as re-enacted by the Statutes of Ontario, 2008, chapter 14, section 46, is repealed and the following substituted:

Powers re: supported group living residences

(1)  The city may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a supported group living residence or an intensive support residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 with respect to the construction, operation or maintenance of the residence.

8.  Subsection 11.2 (1) of the City of Hamilton Act, 1999, as re-enacted by the Statutes of Ontario, 2008, chapter 14, section 47, is repealed and the following substituted:

Powers re: supported group living residences

(1)  The city may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a supported group living residence or an intensive support residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 with respect to the construction, operation or maintenance of the residence.

9.  Subsection 12.2 (1) of the City of Ottawa Act, 1999, as re-enacted by the Statutes of Ontario, 2008, chapter 14, section 48, is repealed and the following substituted:

Powers re: supported group living residences

(1)  The city may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a supported group living residence or an intensive support residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 with respect to the construction, operation or maintenance of the residence.

10.  (1)  Subsection 285 (4) of the City of Toronto Act, 2006, as re-enacted by the Statutes of Ontario, 2008, chapter 14, subsection 49 (2), is repealed and the following substituted:

Annual levy on residences for the developmentally disabled

(4)  Despite any Act, if there are situate in the City one or more residences that are supported group living residences or intensive support residences under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 and that are designated by the Minister of Community and Social Services, the City may by by-law levy an annual amount payable on or after July 1 upon those residences, not exceeding the prescribed amount for each provincially rated bed in the residences as determined by the Minister of Community and Social Services.

(2)  Subsection 285 (4.1) of the Act is amended by adding the following paragraph:

3. Intensive support residences under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008.

11.  Clause 10 (2) (d) of the Coroners Act, as re-enacted by the Statutes of Ontario, 2008, chapter 14, section 50, is repealed and the following substituted:

(d) a supported group living residence or an intensive support residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008;

12.  Subsection 190 (3) of the Education Act is repealed and the following substituted:

Same

(3)  A board may provide for a person who is qualified to be a resident pupil of the board transportation to and from the Ontario School for the Blind, an Ontario School for the Deaf, a demonstration school established by or operated under an agreement with the Minister for pupils with severe communicational exceptionalities, a centre classified as a Group K hospital under the Public Hospitals Act, a supported group living residence or an intensive support residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008, a psychiatric facility designated as such under the Mental Health Act and a place where an agency approved under subsection 8 (1) of Part I (Flexible Services) of the Child and Family Services Act provides a child development service, a child treatment service or a child and family intervention service.

13.  The definition of “institution” in subsection 21 (1) of the Health Protection and Promotion Act is amended by adding the following clause:

(f) “intensive support residence” within the meaning of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008;

14.  (1)  Subsection 323 (4) of the Municipal Act, 2001, as re-enacted by the Statutes of Ontario, 2008, chapter 14, subsection 56 (2), is repealed and the following substituted:

Annual levy on residences for the developmentally disabled

(4)  Despite any Act, a local municipality in which are situate one or more residences that are supported group living residences or intensive support residences under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 and that are designated by the Minister of Community and Social Services may by by-law levy an annual amount payable on or after July 1 upon those residences, not exceeding the prescribed amount for each provincially rated bed in the residences as determined by the Minister of Community and Social Services.

(2)  Subsection 323 (4.1) of the Act is amended by adding the following paragraph:

3. Intensive support residences under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008.

15.  Clause 6 (1) (b) of the Residential Tenancies Act, 2006, as re-enacted by the Statutes of Ontario, 2008, chapter 14, subsection 58 (5), is repealed and the following substituted:

(b) accommodation that is a supported group living residence or an intensive support residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008.

16.  Clause (a.1) of the definition of “facility” in subsection 1 (1) of the Substitute Decisions Act, 1992 is repealed and the following substituted:

(a.1) a facility that is a supported group living residence or an intensive support residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008,

17.  (1)  Subsection 74 (1) of the Succession Law Reform Act is repealed and the following substituted:

Persons in institutions

(1)  Where a person by whom, or on whose behalf, an application may be made under this Part is a patient in a psychiatric facility under the Mental Health Act or a resident in a supported group living residence or an intensive support residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 at the time of the deceased’s death or at any time before the application under this Part is heard and disposed of, notice of the application for letters probate or letters of administration shall be served upon the Public Trustee on behalf of that person, and the time within which the Public Trustee may make an application under this Part runs from the date of the service of the notice.

(2)  Subsection 74 (2) of the Act is repealed and the following substituted:

Notice to Public Trustee

(2)  Where a person interested in the estate in respect of which an application is made under this Part is a patient in a psychiatric facility under the Mental Health Act or a resident in a supported group living residence or an intensive support residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008, notice of the application shall in every case be served upon the Public Trustee, who has the right to appear and be heard upon the application.

18.  Subsection 13.2 (1) of the Town of Haldimand Act, 1999, as re-enacted by the Statutes of Ontario, 2008, chapter 14, section 61, is repealed and the following substituted:

Powers re: supported group living residences

(1)  The town may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a supported group living residence or an intensive support residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 with respect to the construction, operation or maintenance of the residence.

19.  Subsection 13.2 (1) of the Town of Norfolk Act, 1999, as re-enacted by the Statutes of Ontario, 2008, chapter 14, section 62, is repealed and the following substituted:

Powers re: supported group living residences

(1)  The town may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a supported group living residence or an intensive support residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 with respect to the construction, operation or maintenance of the residence.

Social Work and Social Service Work Act, 1998

20.  (1)  Subsection 13 (2) of the Social Work and Social Service Work Act, 1998 is repealed and the following substituted:

Resignation of membership

(2)  A member of the College may resign his or her membership by filing a resignation in writing with the Registrar and when the member does so and upon acceptance of the resignation by the Registrar, the certificate of registration is cancelled.

(2)  Subsection 13 (3) of the Act is amended by adding “and may be investigated under sections 24 and 32” at the end.

(3)  Section 13 of the Act is amended by adding the following subsections:

Suspended members

(4)  A person whose certificate of registration is suspended is not a member.

Continuing jurisdiction: suspension

(5)  A person whose certificate of registration is suspended continues to be subject to the jurisdiction of the College for professional misconduct, incompetence or incapacity referable to any time during which the person was a member or to the period of the suspension and may be investigated under sections 24 and 32.

(4)  Subsection 14 (4) of the Act is repealed and the following substituted:

Panel appointed

(4)  The chair of a committee may appoint panels from among the committee’s members and authorize them to exercise the committee’s powers or perform its duties, including powers or duties to conduct reviews, to consider and investigate written complaints, to consider investigation reports, to make orders and to hold hearings.

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

Member ceasing to be a member during a hearing

16.1  If, after a committee commences a hearing into a matter, a person who was a member of the committee ceases to be a member of the committee, the person is deemed, for the purposes of dealing with the matter, to remain a member of the committee until the final disposition of the matter.

Incapacity of member during hearing

16.2  If, after a committee commences a hearing into a matter, a member of the committee becomes incapacitated, the remaining members of the committee may continue to hear the matter and to render a decision with respect to it.

(6)  Subsection 23 (3) of the Act is amended by adding “Subject to subsection (4)” at the beginning.

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

Revocation

(4)  The Registrar may revoke the certificate of registration of a person whose certificate of registration has been suspended under subsection (1), if the suspension remains in effect for a period of time prescribed by the regulations.

(8)  Section 24 of the Act is amended by adding the following subsections:

Alternative dispute resolution

(4.1)  If the Complaints Committee considers it appropriate to do so and the complainant and the member agree, the Committee may refer the matter for alternative dispute resolution.

Same

(4.2)  If the complainant and the member reach a resolution of a matter that has been referred to alternative dispute resolution, they shall advise the Committee and the Committee may,

(a) adopt the proposed resolution and cease its investigation of the complaint; or

(b) continue with its investigation of the complaint.

Same

(4.3)  If there is a failure to resolve a matter that has been referred to alternative dispute resolution, it shall be referred back to the Committee and the Committee shall continue with its investigation of the complaint.

(9)  Subsection 24 (5) of the Act is amended by adding “or” at the end of clause (c) and by striking out clause (d).

(10)  Part VI of the Act is amended by adding the following section:

Incapacitated member

Report by Registrar

35.1  (1)  If the Registrar believes that a member of the College may be incapacitated, the Registrar may report the matter to the Executive Committee.

Inquiries by Executive Committee

(2)  If the Registrar reports a matter under subsection (1), the Executive Committee shall make the inquiries that it considers appropriate.

Physical or mental examinations

(3)  If the Executive Committee has reasonable and probable grounds to believe that the member is incapacitated, it may,

(a) require the member to submit to a physical or mental examination, or to both, which shall be conducted or ordered by a qualified professional specified by the Committee; and

(b) make an order, subject to subsection (5), directing the Registrar to suspend the member’s certificate of registration until he or she submits to the examinations.

Report of examinations to member, etc.

(4)  The Executive Committee shall give a copy of any report of any examinations required under subsection (3) to the member and may give a copy of the report to one or more of the Complaints Committee, the Discipline Committee or the Fitness to Practise Committee, as it considers appropriate.

Notice

(5)  No order shall be made under subsection (3), unless the member has been given,

(a) notice of the Executive Committee’s intention to make the order; and

(b) at least 14 days after the notice was given to make written submissions in respect of it to the Executive Committee.

Same, exception

(6)  Clause (5) (b) does not apply if the Executive Committee believes that the delay would be inappropriate in view of the risk of harm or injury to a person or persons.

No right to hearing

(7)  Except as provided by this section, the Executive Committee need not hold a hearing or afford a person an opportunity to make oral or written submissions before making a decision or giving a direction under this section.

Commencement

Commencement

21.  (1)  Subject to subsections (2) to (23), this Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

(2)  Subsections 2 (4) to (12) come into force on a day to be named by proclamation of the Lieutenant Governor.

(3)  Subsection 6 (1) comes into force on the later of the day subsection 4 (2) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(4)  Subsection 6 (2) comes into force on the later of the day subsection 31 (2) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(5)  Subsection 6 (3) comes into force on the later of the day subsection 31 (4) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(6)  Subsection 6 (4) comes into force on the later of the day subsection 33 (1) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(7)  Subsection 6 (5) comes into force on the later of the day section 38 of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(8)  Section 7 comes into force on the later of the day section 46 of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(9)  Section 8 comes into force on the later of the day section 47 of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(10)  Section 9 comes into force on the later of the day section 48 of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(11)  Subsection 10 (1) comes into force on the later of the day subsection 49 (2) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(12)  Subsection 10 (2) comes into force on the later of the day subsection 49 (1) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(13)  Section 11 comes into force on the later of the day section 50 of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(14)  Section 12 comes into force on the later of the day section 52 of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(15)  Section 13 comes into force on the later of the day section 53 of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(16)  Subsection 14 (1) comes into force on the later of the day subsection 56 (2) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(17)  Subsection 14 (2) comes into force on the later of the day subsection 56 (1) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(18)  Section 15 comes into force on the later of the day subsection 58 (5) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(19)  Section 16 comes into force on the later of the day subsection 59 (1) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(20)  Subsection 17 (1) comes into force on the later of the day subsection 60 (1) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(21)  Subsection 17 (2) comes into force on the later of the day subsection 60 (2) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(22)  Section 18 comes into force on the later of the day section 61 of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(23)  Section 19 comes into force on the later of the day section 62 of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

SCHEDULE 9
MINISTRY OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES

Ammunition Regulation Act, 1994

1.  (1)  Subsection 2 (2) of the Ammunition Regulation Act, 1994 is amended by striking out “a valid permit issued to him or her under subsection 110 (6) of the Criminal Code (Canada)” at the end and substituting “a valid licence issued to him or her under subsection 8 (2) of the Firearms Act (Canada)”.

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

Same

(3)  Despite subsection (1), a person 12 years old or older and under 18 years old may purchase ammunition if he or she presents at the time of purchase the valid identification required under subsection (1) and a valid licence issued to him or her under subsection 8 (3) of the Firearms Act (Canada).

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

Restriction re sale of ammunition

3.  (1)  No person shall knowingly sell or provide ammunition to any person unless that person produces documentation as required under subsection 2 (1), (2) or (3).

Reliance on documentation

(2)  A person who sells or provides ammunition to another person on the basis of the documentation described in section 2 is not in contravention of subsection (1) if there is no apparent reason to doubt the authenticity of the documentation or that it was issued to the person providing it.

Offence

(3)  A person who contravenes subsection (1) is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not more than $25,000;

(b) for a second or subsequent offence, to a fine of not more than $50,000.

(4)  Subsection 4 (1) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Record keeping

(1)  A person who holds a licence issued under subsection 56 (1) of the Firearms Act (Canada) to carry on a business that involves the sale of ammunition shall keep a record of the following information for all ammunition sales:

. . . . .

(5)  Subsection 4 (2) of the Act is amended by striking out “The chief provincial firearms officer for Ontario, designated under the Criminal Code (Canada)” at the beginning and substituting “The chief firearms officer for Ontario, designated under the Firearms Act (Canada)”.

(6)  Subsection 4 (3) of the Act is amended by striking out “the chief provincial firearms officer for Ontario” in the portion before clause (a) and substituting “the chief firearms officer for Ontario”.

Christopher’s Law (Sex Offender Registry), 2000

2.  (1)  The French version of clause (a) of the definition of “sex offence” in subsection 1 (1) of Christopher’s Law (Sex Offender Registry), 2000 is amended by striking out “au paragraphe 153 (1) (personnes en situation d’autorité)” and substituting “au paragraphe 153 (1) (exploitation sexuelle)”.

(2)  The French version of clause 3 (1) (g) of the Act is amended by striking out “pour la dernière fois” and substituting “la dernière fois”.

(3)  The French version of clause 14 (e) of the Act is amended by striking out “les demandes de mandats par téléphone ou par un autre moyen de télécommunication et leur délivrance” and substituting “les demandes et la délivrance de mandats par téléphone ou par un autre moyen de télécommunication”.

Coroners Act

3.  (1)  Subsection 40 (3) of the Coroners Act is amended by striking out “sheriff or” in the portion after clause (b).

(2)  Clause 56 (1) (c) of the Act is repealed and the following substituted:

(c) prescribing the composition of the Oversight Council and of the complaints committee of the Oversight Council;

Emergency Management and Civil Protection Act

4.  Section 10 of the Emergency Management and Civil Protection Act is amended by adding “Except for plans respecting continuity of operations or services” at the beginning.

Government Efficiency Act, 2002

5.  Subsection 56 (3) of Schedule N to the Government Efficiency Act, 2002 is repealed.

Legislative Assembly Act

6.  Clause 8 (2) (e) of the Legislative Assembly Act is amended by striking out “Ontario Parole and Earned Release Board” at the end and substituting “Ontario Parole Board”.

Mandatory Blood Testing Act, 2006

7.  (1)  The definition of “analyst” in section 1 of the Mandatory Blood Testing Act, 2006 is repealed and the following substituted:

“analyst” means a medical laboratory technologist at the Ontario Agency for Health Protection and Promotion’s Public Health Lab – Toronto or at another prescribed laboratory operated by the Ontario Agency for Health Protection and Promotion; (“analyste”)

(2)  The French version of clause (a) of the definition of “listed communicable disease” in section 1 of the Act is repealed and the following substituted:

a) le virus de l’immuno-déficience humaine et le syndrome d’immuno-déficience acquis (VIH/SIDA);

(3)  Subsection 11 (1) of the Act is amended by adding the following clause:

(a.1) prescribing laboratories for the purpose of the definition of “analyst” in section 1;

Ministry of Correctional Services Act

8.  (1)  The definitions of “provincial director” and “young person” in section 1 of the Ministry of Correctional Services Act are repealed.

(2)  Clause 10 (1) (a) of the Act is amended by striking out “the Parole Act (Canada), the Penitentiary Act (Canada)” and substituting “the Corrections and Conditional Release Act (Canada)”.

(3)  Subsection 10 (2) of the Act is repealed and the following substituted:

Exception

(2)  Despite subsection (1) and any other Act, a person employed in the Ministry in the administration of this Act who is designated by the Deputy Minister or by his or her delegate, (who must be at least at the level of assistant deputy minister) may disclose personal information about an individual in accordance with the regulations.

(4)  Clause 11 (1) (a) of the Act is repealed and the following substituted:

(a) a person who is an employee in the Ministry to be a peace officer while performing the person’s duties and functions; or

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

PART III
ONTARIO PAROLE BOARD

(6)  Section 31 of the Act is repealed and the following substituted:

Meaning of “Board”, Part III

31.  In this Part,

“Board” means the Ontario Parole Board continued by section 32.

(7) Subsection 32 (1) of the Act is repealed and the following substituted:

Ontario Parole Board

(1)  The Ontario Parole and Earned Release Board is continued as a board known in English as the Ontario Parole Board and in French as Commission ontarienne des libérations conditionnelles.

(8)  Subsection 34.1 (2) of the Act is repealed.

(9)  Clause 58 (c) of the Act is repealed.

(10)  Clause 58 (e) of the Act is repealed and the following substituted:

(e) of the Ontario Parole Board.

(11)  Clause 60 (1) (c.4) of the Act is repealed.

(12)  Clauses 60 (1) (j), (j.2) and (k) of the Act are amended by striking out “Ontario Parole and Earned Release Board” wherever it appears and substituting in each case “Ontario Parole Board”.

(13)  Clause 60 (1) (t.1) of the Act is repealed and the following substituted:

(t.1) prescribing procedures for carrying out searches in correctional institutions;

(14)  Clause 60 (1) (u) of the Act is repealed and the following substituted:

(u) prescribing the nature of personal information about individuals that may be disclosed, to whom it may be disclosed and the circumstances in which it may be disclosed;

(15)  Subsections 60 (2) and (3) of the Act are repealed and the following substituted:

Forms

(2)  The Minister may require that forms approved by the Minister be used for any purpose of this Act.

Ontario Society for the Prevention of Cruelty to Animals Act

9.  (1)  Subsection 1 (1) of the Ontario Society for the Prevention of Cruelty to Animals Act is amended by adding the following definition:

“business day” means a weekday, excluding a day that is a holiday; (“jour ouvrable”)

(2)  Section 11.5 of the Act is amended by adding the following subsection:

Telewarrant

(1.1)  If an inspector or an agent of the Society believes that it would be impracticable to appear personally before a justice of the peace or provincial judge to apply for a warrant under subsection (1), he or she may, in accordance with the regulations, seek the warrant by telephone or other means of telecommunication, and the justice of the peace or provincial judge may, in accordance with the regulations, issue the warrant by the same means.

(3)  Subsection 11.5 (2) of the Act is amended by striking out “Every warrant issued under subsection (1)” in the portion before clause (a) and substituting “Every warrant issued under subsection (1) or (1.1)”.

(4)  The French version of subsection 12.1 (2) of the Act is amended by striking out “se défaire” and substituting “se défait”.

(5)  Section 14 of the Act is amended by adding the following subsection:

Same

(4)  Every notice under subsection (3) respecting the removal of an animal under subsection (1) shall have printed or written on it the provisions of subsections 17 (1) and (2).

(6)  Section 20 of the Act is amended by adding “courier” after “registered mail”.

(7)  Clause 22 (2) (e) of the Act is repealed and the following substituted:

(e) governing applications for and the issue of warrants by telephone or other means of telecommunication for the purposes of subsections 11.5 (1.1) and 12 (2), prescribing the forms required to apply for a warrant under those subsections and the forms for the warrants issued under those subsections, prescribing rules for the execution of such warrants and prescribing evidentiary rules with respect to such warrants;

Police Services Act

10.  (1)  Subsection 18 (4) of the Police Services Act is repealed.

(2)  Clause 57 (7) (c.1) of Part V of the Act, as it read on the day before the Independent Police Review Act, 2007 received Royal Assent, is repealed.

(3)  Clause 74 (1) (a) of Part V of the Act, as it read on the day before the Independent Police Review Act, 2007 received Royal Assent, is repealed and the following substituted:

(a) engages in conduct that constitutes misconduct in a prescribed code of conduct;

(4)  Paragraph 23 of subsection 135 (1) of the Act, as it read on the day before the Independent Police Review Act, 2007 received Royal Assent, is repealed and the following substituted:

23. prescribing a code of conduct in which conduct that constitutes misconduct is described for the purposes of section 74;

Private Security and Investigative Services Act, 2005

11.  (1)  Clauses 15 (3) (a) and (c) of the Private Security and Investigative Services Act, 2005 are amended by striking out “a hearing” wherever it appears and substituting in each case “an opportunity to be heard”.

(2)  Subsections 16 (2), (3), (4), (5) and (6) of the Act are repealed and the following substituted:

Content of notice

(2)  The notice referred to in subsection (1) shall state the reasons for the Registrar’s proposed action and shall inform the applicant or licensee that he, she or it is entitled to an opportunity to be heard before the Registrar to show cause why the Registrar should not take the proposed action.

Request for opportunity to be heard

(3)  Within 21 days after service of a notice under subsection (1), an applicant or licensee may, in writing, request an opportunity to be heard before the Registrar to show cause why the Registrar should not take the proposed action.

No request for opportunity to be heard

(4)  If an applicant or licensee does not request an opportunity to be heard within the time permitted under subsection (3), the Registrar may take the proposed action.

Opportunity to be heard

(5)  If an applicant or licensee requests an opportunity to be heard under subsection (3), the Registrar shall give the applicant or licensee an opportunity to appear before the Registrar in person to show cause why the Registrar should not take the proposed action no later than 90 days after the notice referred to in subsection (1) was served or at a later date if the applicant or licensee consents.

Right to counsel

(6)  An applicant or licensee may be represented by counsel or an agent when appearing before the Registrar under subsection (5).

(3)  Part V of the Act is amended by adding the following section:

Arrest without warrant

29.1  If a police officer finds a person apparently in contravention of this Act or apparently in contravention of a prescribed provision of the regulations and the person refuses to give his or her name and address or there are reasonable grounds to believe that the name or address given is false, the police officer may arrest the person without warrant.

Commencement

Commencement

12.  This Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

SCHEDULE 10
MINISTRY OF CONSUMER SERVICES

Arthur Wishart Act (Franchise Disclosure), 2000

1.  (1)  The definition of “minister” in subsection 1 (1) of the Arthur Wishart Act (Franchise Disclosure), 2000 is repealed.

(2)  Subsections 13 (6) and (7) of the Act are repealed.

Bailiffs Act

2.  (1)  Clause 13 (1) (b) of the Bailiffs Act is repealed and the following substituted:

(b) while licensed under the Private Security and Investigative Services Act, 2005.

(2)  Subsection 13 (7) of the Act is amended by striking out “Credit Unions and Caisses Populaires Act” and substituting “Credit Unions and Caisses Populaires Act, 1994”.

Collection Agencies Act

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

“registered” means registered under this Act, and “registration” has a corresponding meaning; (“inscrit”, “insription”)

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

“registrant” means a collection agency or a collector that is registered; (“personne inscrite”)

(3)  Subsection 3 (2) of the Act is amended by striking out “under the supervision of the Director” at the end.

(4)  Subsection 8 (7) of the Act is repealed and the following substituted:

Voluntary cancellation

(7)  The Registrar may cancel a registration upon the request in writing of the registrant and this section does not apply to the cancellation.

(5)  Subsection 12 (3) of the Act is repealed.

(6)  Sections 13 and 14 of the Act are repealed and the following substituted:

Inspection

13.  (1)  The Registrar or any person designated in writing by the Registrar may conduct an inspection and may, as part of the inspection, enter and inspect at any reasonable time the business premises of a registrant, other than any part of the premises used as a dwelling, for the purpose of,

(a) ensuring compliance with this Act and the regulations;

(b) dealing with a complaint under section 12; or

(c) ensuring the registrant remains entitled to be registered.

Powers on inspection

(2)  While carrying out an inspection, an inspector,

(a) is entitled to free access to all money, valuables, documents and records of the person being inspected that are relevant to the inspection;

(b) may use any data storage, processing or retrieval device or system used in carrying on business in order to produce information that is relevant to the inspection and that is in any form; and

(c) may, upon giving a receipt for them, remove for examination and may copy anything relevant to the inspection, including any data storage disk or other retrieval device in order to produce information, but shall promptly return the thing to the person being inspected.

Identification

(3)  An inspector shall produce, on request, evidence of the authority to carry out an inspection.

No obstruction

(4)  No person shall obstruct an inspector conducting an inspection or withhold from the inspector or conceal, alter or destroy any money, valuables, documents or records that are relevant to the inspection.

No use of force

(5)  An inspector shall not use force to enter and inspect premises under this section.

Assistance

(6)  An inspector may, in the course of an inspection, require a person to produce a document or record and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce information that is relevant to the inspection and that is in any form, and the person shall produce the document or record or provide the assistance.

Admissibility of copies

(7)  A copy of a document or record certified by an inspector to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

(7)  Subsections 28 (4) and (5) of the Act are repealed and the following substituted:

Limitation

(4)  No proceeding under subsection (1) shall be commenced more than two years after the facts upon which the proceeding is based first came to the knowledge of the Director.

Consumer Reporting Act

4.  (1)  Subsection 2 (2) of the Consumer Reporting Act is amended by striking out “under the supervision of the Director” at the end.

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

Voluntary cancellation

(7)  The Registrar may cancel a registration upon the request in writing of the registrant and this section does not apply to the cancellation.

(3)  Clause 25 (m) of the Act is repealed.

Discriminatory Business Practices Act

5.  The definition of “Director” in section 1 of the Discriminatory Business Practices Act is repealed and the following substituted:

“Director” means the person designated as the Director under the Ministry of Consumer and Business Services Act; (“directeur”)

Electricity Act, 1998

6.  Subsection 113 (3) of the Electricity Act, 1998 is amended by striking out “as amended from time to time, and whether the amendment was made before or after the regulation was adopted” at the end and substituting “as amended from time to time, whether before or after the regulation is made”.

Film Classification Act, 2005

7.  Subsection 3 (2) of the Film Classification Act, 2005 is amended by striking out “under the supervision of the director” at the end.

Funeral, Burial and Cremation Services Act, 2002

8.  (1)  Subsection 3 (3) of the Funeral, Burial and Cremation Services Act, 2002 is amended by striking out “under the supervision of the director”.

(2)  Subclauses 14 (1) (e) (i) and (ii) of the Act, as they will read on the day subsection 13 (1) of Schedule D to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force, are amended by striking out “within the meaning of the Interpretation Act” wherever that expression appears and substituting in each case “within the meaning of section 87 of the Legislation Act, 2006”.

(3)  Clause 70 (2) (c) of the Act, as it will read on the day subsection 48 (1) of Schedule D to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force, is amended by striking out “subsection (9)” and substituting “subsection (10)”.

(4)  Section 112 of the Act is amended by adding the following subsection:

Residual authority to act

(4.1)  Despite any delegation under this section to the board of an administrative authority designated under the Safety and Consumer Statutes Administration Act, 1996 and without having to revoke the delegation, the Minister continues to have authority to make regulations in respect of the matter that is the subject of the delegation.

Ministry of Consumer and Business Services Act

9.  Section 15 of the Ministry of Consumer and Business Services Act is repealed.

Motor Vehicle Dealers Act, 2002

10.  (1)  Subsection 3 (3) of the Motor Vehicle Dealers Act, 2002 is amended by striking out “under the supervision of the director”.

(2)  Section 43 of the Act is amended by adding the following subsection:

Residual authority to act

(4.1)  Despite any delegation under this section to the board of the administrative authority and without having to revoke the delegation, the Minister continues to have authority to make regulations in respect of the matter that is the subject of the delegation.

Ontario New Home Warranties Plan Act

11.  Subsection 9 (7) of the Ontario New Home Warranties Plan Act is repealed and the following substituted:

Voluntary cancellation

(7)  The Registrar may cancel a registration upon the request in writing of the registrant and this section does not apply to the cancellation.

Payday Loans Act, 2008

12.  Subsection 5 (2) of the Payday Loans Act, 2008 is amended by striking out “under the supervision of the Director” at the end.

Real Estate and Business Brokers Act, 2002

13.  (1)  Subsection 3 (3) of the Real Estate and Business Brokers Act, 2002 is amended by striking out “under the supervision of the director”.

(2)  Section 50 of the Act is amended by adding the following subsection:

Residual authority to act

(4.1)  Despite any delegation under this section to the board of the administrative authority and without having to revoke the delegation, the Minister continues to have authority to make regulations in respect of the matter that is the subject of the delegation.

Technical Standards and Safety Act, 2000

14.  Subsection 36 (2) of the Technical Standards and Safety Act, 2000 is amended by striking out “as amended from time to time, and whether the amendment was made before or after the regulation was adopted” at the end and substituting “as amended from time to time, whether before or after the regulation is made”.

Travel Industry Act, 2002

15.  (1)  Subsection 3 (3) of the Travel Industry Act, 2002 is amended by striking out “under the supervision of the director”.

(2)  Section 42 of the Act is amended by adding the following subsection:

Residual authority to act

(4.1)  Despite any delegation under this section to the board of the administrative authority and without having to revoke the delegation, the Minister continues to have authority to make regulations in respect of the matter that is the subject of the delegation.

Commencement

Commencement

16.  (1)  Subject to subsections (2) to (7), this Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

(2)  Subsection 8 (1) comes into force on the later of the day section 3 of the Funeral, Burial and Cremation Services Act, 2002 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(3)  Subsection 8 (2) comes into force on the later of the day subsection 13 (1) of Schedule D to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(4)  Subsection 8 (3) comes into force on the later of the day subsection 48 (1) of Schedule D to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(5)  Subsection 8 (4) comes into force on the later of the day section 112 of the Funeral, Burial and Cremation Services Act, 2002 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(6)  Subsection 10 (1) comes into force on the later of the day section 3 of Schedule B (Motor Vehicle Dealers Act, 2002) to the Consumer Protection Statute Law Amendment Act, 2002 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

(7)  Subsection 10 (2) comes into force on the later of the day section 43 of Schedule B (Motor Vehicle Dealers Act, 2002) to the Consumer Protection Statute Law Amendment Act, 2002 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

SCHEDULE 11
MINISTRY OF CULTURE

Arts Council Act

1.  Section 12 of the Arts Council Act is repealed.

Centennial Centre of Science and Technology Act

2.  (1)  Subsection 2 (2) of the Centennial Centre of Science and Technology Act is repealed.

(2)  Subsection 7 (6) of the Act is repealed.

(3)  Section 10 of the Act is repealed.

Conveyancing and Law of Property Act

3.  Subsection 61 (4) of the Conveyancing and Law of Property Act is amended by striking out “or” at the end of clause (a), by adding “or” at the end of clause (b) and by adding the following clause:

(c) entered into under clause 10 (1) (c) or section 37 of the Ontario Heritage Act.

Land Titles Act

4.  Subsection 119 (12) of the Land Titles Act is amended by striking out “Conservation Land Act” in the portion before paragraph 1 and substituting “Conservation Land Act or under clause 10 (1) (c) or section 37 of the Ontario Heritage Act”.

McMichael Canadian Art Collection Act

5.  Section 15 of the McMichael Canadian Art Collection Act is repealed.

Ontario Heritage Act

6.  (1)  Section 10 of the Ontario Heritage Act is repealed and the following substituted:

Further powers of Trust

10.  (1)  The Trust may, in accordance with the policies and priorities determined by the Minister for the conservation, protection and preservation of the heritage of Ontario,

(a) receive and acquire by purchase, donation, lease, public subscription, grant, bequest or otherwise, property of historical, architectural, archaeological, recreational, aesthetic, natural and scenic interest for the use, enjoyment and benefit of the people of Ontario;

(b) hold, preserve, maintain, reconstruct, restore, manage and lease for a term of five years or less property described in clause (a) for the purposes described in that clause;

(c) enter into agreements, covenants and easements with owners of real property or interests in real property for the conservation, protection and preservation of the heritage of Ontario;

(d) borrow money for the purpose of carrying out the objects of the Trust where a guarantee is provided under section 18;

(e) conduct and arrange exhibits or other cultural or recreational activities to inform and stimulate the interest of the public in historical, architectural and archaeological matters;

(f) enter into agreements with prospective donors, subject to any conditions governing the use of property;

(g) enter into agreements with persons respecting any matter within the objects of the Trust, and provide financial assistance by way of grant or loan to persons who are parties to such agreements for the purpose of,

(i) providing educational, research and communications programs,

(ii) maintaining, restoring and renovating property, and

(iii) providing for the management, custody and security of property;

(h) invest its funds, and sections 26 to 30 of the Trustee Act apply, with necessary modifications, to the investment of those funds;

(i) engage the services of experts and other persons;

(j) undertake programs of research and documentation of matters relating to the heritage of Ontario and cause information to be compiled and studies to be undertaken;

(k) with the consent of the owner of property, place markers, signs, cairns or other interpretive facilities in or on the property for the interest and guidance of the public;

(l) provide assistance, advisory services and training programs to individuals, institutions, agencies and organizations in Ontario having similar aims and objectives as the Trust.

Minister’s approval for sale of Trust property

(2)  The Trust may, in accordance with the policies and priorities determined by the Minister for the conservation, protection and preservation of the heritage of Ontario, and with the approval of the Minister, dispose of property by sale, by lease for a term of more than five years or by any other manner and execute any deeds or other instruments as may be required to effect the disposal, subject to the terms of any trust in connection with the property.

Minister’s right to exercise Trust’s powers

(3)  Despite subsections (1) and (2), the Minister may exercise any of the powers of the Trust referred to in subsections (1) and (2) if, in the Minister’s opinion, it is necessary in order to ensure the carrying out of the intent and purpose of this Act.

(2)  Subsection 13 (3) of the Act is amended by striking out “clause 10 (1) (i)” and substituting “clause 10 (1) (h)”.

(3)  Section 15 of the Act is amended by striking out “clause 10 (1) (g)” and substituting “clause 10 (1) (b) and subsection 10 (2)”.

(4)  Subsection 29 (5) of the Act is amended by striking out “in a newspaper having general circulation in the municipality”.

(5)  Subsection 29 (15) of the Act is repealed and the following substituted:

Withdrawal of objection

(15)  A person who has served a notice of objection under subsection (5) may withdraw the objection at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the clerk of the municipality and on the Review Board.

No hearing

(15.1)  If the Review Board has received notices of withdrawal for all the notices of objection that were served under subsection (5), the Review Board shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the council shall act in accordance with subsection (6) as if no notice of objection had been served.

(6)  Subsection 30.1 (8) of the Act is amended by striking out “subsection (5)” and substituting “subsection (6)” and by striking out “subsections 29 (7) to (15)” and substituting “subsections 29 (7) to (15.1)”.

(7)  Subsection 31 (6) of the Act is amended by striking out “Subsections 29 (6) to (15)” at the beginning and substituting “Subsections 29 (6) to (15.1)”.

(8)  Subsection 32 (22) of the Act is repealed and the following substituted:

No hearing

(22)  If the Review Board has received notices of withdrawal for all the notices of objection that were served under subsection (14), the Review Board shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the council shall act in accordance with subsection (16) as if no notice of objection had been served.

(9)  Section 34 of the Act is amended by adding the following subsections:

Application

(1.1)  An application made under subsection (1) shall be accompanied by any plans and set out any information the council may require.

Notice of receipt

(1.2)  The council, on receipt of an application under subsection (1) together with any information it may require under subsection (1.1), shall serve a notice of receipt on the applicant.

(10)  Subsection 34 (2) of the Act is amended by striking out “receipt of an application under subsection (1)” in the portion before clause (a) and substituting “the notice of receipt is served on the applicant under subsection (1.2)”.

(11)  Subsection 34.6 (18) of the Act is repealed and the following substituted:

No hearing

(18)  If the Review Board has received notices of withdrawal for all the notices of objection that were served under subsection (4), the Review Board shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the council shall act in accordance with subsection (5) as if no notice of objection had been served.

(12)  Subsection 34.9 (6) of the Act is amended by adding “and (13)” after “32 (5) to (10)”.

(13)  Section 35.2 of the Act is amended by adding the following subsections:

Service of order

(5)  The Minister may serve a stop order issued under this section on the owner of the property in question or any person in apparent possession of the property by any method of service described in subsection 67 (1) and by posting the order in a conspicuous place on the property to which it applies.

Service deemed effective

(6)  Service under subsection (5) is effective from the earlier of the date of posting or the effective date of service described in subsections 67 (2) to (4).

(14)  Section 39 of the Act is amended by adding the following subsection:

Non-application of s. 106 of Municipal Act, 2001

(3)  Section 106 of the Municipal Act, 2001 does not apply to a grant or loan made under subsection (1).

(15)  Subparagraphs 3 i and ii of subsection 48 (1) of the Act are repealed and the following substituted:

i. Dive within 500 metres of the site or within any other distance of the site as may be prescribed by regulation.

ii. Operate within 500 metres of the site or within any other distance of the site as may be prescribed by regulation any type of submersible vehicle, including a remotely operated vehicle, autonomous underwater vehicle or submarine.

iii. Operate within 500 metres of the site or within any other distance of the site as may be prescribed by regulation any type of equipment, machine, device or thing capable of being used to conduct a survey, whether towed or not, including a side scan sonar or a camera.

(16)  Section 48 of the Act is amended by adding the following subsection:

Same

(3)  A licence is not required under subsection (1) if,

(a) a licensee under this Part,

(i) has already completed archaeological fieldwork, within the meaning of the regulations, on the site, and

(ii) has provided a report to the Minister under subsection 65 (1) stating that the site has no further cultural heritage value or interest; and

(b) the report referred to in subclause (a) (ii) has been filed in the register referred to in section 65.1.

(17)  Subsection 52 (14) of the Act is repealed and the following substituted:

Withdrawal of objection

(14)  A person who has served a notice of objection under subsection (4) may withdraw the objection at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the clerk of the municipality and on the Review Board.

No hearing

(15)  If the Review Board has received notices of withdrawal for all the notices of objection that were served under subsection (4), the Review Board shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the council shall act in accordance with subsection (5) as if no notice of objection had been served.

(18)  Section 62 of the Act is amended by adding the following subsections:

Service of order

(3)  The Minister may serve a stop order issued under this section on the person affected by the stop order by any method of service described in subsection 67 (1) and by posting the order in a conspicuous place on the property to which it applies.

Service deemed effective

(4)  Service under subsection (3) is effective from the earlier of the date of posting or the effective date of service described in subsections 67 (2) to (4).

(19)  Subsection 65.1 (3) of the Act is repealed and the following substituted:

Inspection

(3)  The register shall be available for inspection by any person at a location, in a format and at the times determined by the Minister.

(20)  Section 67 of the Act is repealed and the following substituted:

Service

67.  (1)  Any document required to be given, delivered or served under this Act or the regulations is sufficiently given, delivered or served if it is served,

(a) by personal service;

(b) by mail to the last known address of the person to whom delivery or service is required to be made;

(c) by commercial courier to the last known address of the person to whom delivery or service is required to be made; or

(d) by a method prescribed by regulation.

Same

(2)  Personal service of a document is effective on the day it is given when it is left with the individual.

Same

(3)  Subject to subsection (5), service or delivery of a document by mail is effective five days after the day the document is mailed.

Same

(4)  Subject to subsection (5), service or delivery of a document by commercial courier is effective two days after the day the commercial courier received it.

Same

(5)  Subsections (3) and (4) do not apply if the person establishes that the service was not effective at the time specified in those subsections because of an absence, accident, illness or other cause beyond the person’s control.

(21)  Subsections 68.1 (1) and (2) of the Act are repealed.

(22)  Subsection 69 (5) of the Act is repealed and the following substituted:

Property altered in contravention of the Act

(5)  Subsection (5.1) applies if,

(a) property designated under Part IV is altered in contravention of section 33 or 34.5; or

(b) property located in a heritage conservation district designated under Part V is altered in contravention of section 42.

Recovery of restoration costs

(5.1)  In addition to any other penalty imposed under this Act, the council of the municipality or the Minister, as the case may be, may restore the property described in subsection (5) as nearly as possible to its previous condition, if it is practicable to do so, and may recover the cost of the restoration from the owner of the property.

Exception

(5.2)  Despite subsection (5.1), the council of the municipality or the Minister shall not restore the property if,

(a) in the opinion of the council or the Minister, the property is in an unsafe condition or incapable of repair; or

(b) the alteration was carried out for reasons of public health or safety or for the preservation of the property.

(23)  Subsection 70 (1) of the Act is amended by adding the following clause:

(b) prescribing additional rules and methods of service for the purposes of section 67;

(24)  Clause 70 (1) (m) of the Act is amended by striking out “subparagraphs 3 i and ii” and substituting “subparagraphs 3 i, ii and iii”.

(25)  Clause 70 (1) (n) of the Act is repealed.

Public Libraries Act

7.  (1)  The definition of “board” in section 1 of the Public Libraries Act is amended by striking out “and in Part II means an Ontario library service board”.

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

Meetings

(1)  A board shall hold regular meetings once a month for at least 10 months each year and at such other times as it considers necessary.

(3)  Clause 20 (f) of the Act is amended by adding “or provide any other information” after “and make any other reports”.

(4)  Subsections 24 (7) and (8) of the Act are repealed.

(5)  Subsection 29 (1) of the Act is amended by striking out “or, where subsection 34 (2) applies, with the Ontario library service board that has jurisdiction”.

(6)  Subsection 29 (2) of the Act is repealed and the following substituted:

Reports

(2)  The municipal council, local service board or band council entering into a contract under subsection (1) shall make any report required by this Act or the regulations or requested by the Minister.

(7)  Part II (sections 31 to 38) of the Act is repealed.

(8)  Subsection 40 (2) of the Act is repealed and the following substituted:

Information to Minister

(2)  A special library service board established under (1) shall submit to the Minister any information requested by the Minister.

Royal Ontario Museum Act

8.  Section 15 of the Royal Ontario Museum Act is repealed.

Science North Act

9.  (1)  Subsection 2 (3) of the Science North Act is repealed.

(2)  Section 15 of the Act is repealed.

Status of Ontario’s Artists Act, 2007

10.  Subsection 6 (1) of the Status of Ontario’s Artists Act, 2007 is repealed and the following substituted:

Celebrate the Artist Weekend

(1)  The Minister shall designate one weekend in each year as Celebrate the Artist Weekend.

Commencement

Commencement

11.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

Same

(2)  Section 7 comes into force on the later of April 1, 2010 and the day the Good Government Act, 2009 receives Royal Assent.

SCHEDULE 12
MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE

Development Corporations Act

1.  (1)  The definition of “corporation” in subsection 1 (1) of the Development Corporations Act is repealed and the following substituted:

“corporation”, except in section 5, means the Ontario Development Corporation, the Northern Ontario Development Corporation or the Eastern Ontario Development Corporation; (“société”)

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

Creation of other corporations

5.  (1)  The Lieutenant Governor in Council may by regulation constitute corporations with the objects, purposes, powers and duties set out in the regulation and may provide for the constitution and management of the corporations.

Objects, powers, etc.

(2)  Without limiting the generality of subsection (1), the Lieutenant Governor in Council may, under that subsection, constitute development corporations or corporations that are not development corporations, and the objects, purposes, powers and duties of the development or other corporations may be similar to or different from those given to the Ontario Development Corporation, the Northern Ontario Development Corporation and the Eastern Ontario Development Corporation under this Act.

Capacity, etc., of a natural person

(3)  Without limiting the generality of subsection (1), the Lieutenant Governor in Council may, under that subsection, give a corporation the capacity, rights, powers and privileges of a natural person for carrying out its objects, subject to any limitations that the Lieutenant Governor in Council considers appropriate.

Employees

(4)  Without limiting the generality of subsection (1), the Lieutenant Governor in Council may, under that subsection,

(a) give a corporation the power to employ persons that the corporation considers necessary for the proper conduct of its business; or

(b) provide that employees may be appointed under Part III of the Public Service of Ontario Act, 2006.

Application

(5)  This section applies to a regulation made under this Act constituting a corporation, whether the regulation was made before or after the day on which the Good Government Act, 2009 receives Royal Assent, and a regulation made before that day is deemed to have been validly made as of the date on which it was made.

Limitation re constituting non-development corporations

(6)  The Lieutenant Governor in Council shall not, after June 30, 2011, constitute a new corporation that is not a development corporation by a regulation made under subsection (1).

Commencement

2.  This Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

SCHEDULE 13
MINISTRY OF EDUCATION

Education Act

1.  (1)  Paragraph 13 of subsection 8 (1) of the Education Act is repealed.

(2)  Paragraph 14 of subsection 8 (1) of the Act is amended by striking out “director” and substituting “director of education”.

(3)  Paragraph 19 of subsection 8 (1) of the Act is repealed.

(4)  The French version of subparagraph 5 iii of subsection 11 (1) of the Act is amended by striking out “réviser” and substituting “réexaminer”.

(5)  Paragraphs 11 and 12 of subsection 11 (1) of the Act are repealed.

(6)  Paragraph 26 of subsection 11 (1) of the Act is amended by striking out “directors” and substituting “directors of education”.

(7)  The French version of subparagraph 26.1 iv of subsection 11 (1) of the Act is amended by striking out “un certificat de compétence autre que le certificat de compétence et d’inscription” and substituting “un certificat de qualification additionnel au certificat de qualification et d’inscription”.

(8)  Clauses 11 (9) (g) and (h) of the Act are repealed.

(9)  Subsections 14 (1), (2), (3) and (4) of the Act are repealed.

(10)  Section 48 of the Act is repealed.

(11)  Subsections 48.1 (1) and (2) of the Act are repealed.

(12)  Subsection 48.1 (5) of the Act is amended by striking out “subsection (1) or (3)” and substituting “subsection (3)”.

(13)  The definition of “college” in subsection 171.1 (1) of the Act is amended by striking out “section 5 of the Ministry of Colleges and Universities Act” and substituting “section 3 of the Ontario Colleges of Applied Arts and Technology Act, 2002”.

(14)  Subsection 251 (3) of the Act is amended by striking out “municipality” in the portion before paragraph 1 and substituting “owner, lessee or person having possession of the trailer”.

(15)  The definition of “old Act” in subsection 257.102 (1) of the Act is repealed and the following substituted:

“old Act” means the former Education Development Charges Act as it read immediately before this section came into force; (“ancienne loi”)

(16)  Subsection 257.102 (2) of the Act is repealed.

(17)  Subsection 277.15 (6) of the Act is repealed.

Ontario College of Teachers Act, 1996

2.  (1)  The French version of paragraph 1 of subsection 3 (1) of the Ontario College of Teachers Act, 1996 is amended by striking out “la profession d’enseignant” and substituting “la profession enseignante”.

(2)  The French version of paragraph 9 of subsection 3 (1) of the Act is repealed and the following substituted:

9. Élaborer, offrir et agréer des programmes de formation menant à l’obtention de certificats de qualification additionnels au certificat nécessaire pour adhérer à l’Ordre, notamment des certificats de qualification à titre d’agent de supervision, et délivrer, renouveler, modifier, suspendre, annuler, révoquer et remettre en vigueur ces certificats additionnels.

(3)  The French version of clause 23 (2) (a) of the Act is amended by striking out “certificat de compétence et d’inscription et de tout autre certificat de compétence” and substituting “certificat de qualification et d’inscription et, s’il y a lieu, les certificats de qualifications additionnelles”.

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

Application

(15)  This section applies with necessary modifications to,

(a) a person whose certificate of qualification or letter of standing was suspended or cancelled by the Minister before May 20, 1997 under paragraph 13 of subsection 8 (1) of the Education Act, as it read immediately before its repeal; and

(b) a person whose certificate of qualification or letter of standing was suspended or cancelled as a result of a decision of the Minister under paragraph 2 of subsection 2 (2) of Ontario Regulation 276/97 (Transitional Matters — Discipline) made under the Act that was deemed by paragraph 4 or 5 of that subsection to be a decision of the Discipline Committee.

(5)  Paragraph 5 of subsection 40 (1) of the Act is repealed and the following substituted:

5. prescribing the conditions for disqualifying elected members from sitting on the Council and for suspending a person from his or her office as a member of the Council and governing the removal of suspended or disqualified members of the Council;

(6)  Paragraph 20 of subsection 40 (1) of the Act is repealed and the following substituted:

20. respecting requirements, including but not limited to standards, qualifications, examinations and experience requirements in respect of qualifications of members additional to those required for a certificate of qualification and registration, including but not limited to additional qualifications as a supervisory officer;

(7)  Paragraphs 22 and 23 of subsection 40 (1) of the Act are repealed and the following substituted:

22. respecting the development, provision and accreditation of educational programs leading to qualifications of members additional to those required for a certificate of qualification and registration, including but not limited to additional qualifications as a supervisory officer;

23. establishing processes and criteria for granting to members qualifications additional to those required for a certificate of qualification and registration, including but not limited to additional qualifications as a supervisory officer;

23.1 providing for qualifications additional to those required for a certificate of qualification and registration to be indicated on a certificate of qualification and registration or for certificates to be issued for such additional qualifications;

(8)  The French version of clauses 62 (4) (d) and (e) of the Act are repealed and the following substituted:

d) déclarer qu’une personne qui est titulaire d’un certificat de qualification et d’inscription d’une catégorie prescrite en vertu de l’alinéa a) est réputée être également titulaire d’un ou de plusieurs certificats de qualification additionnels;

e) déclarer que les certificats additionnels mentionnés à l’alinéa d) sont réputés avoir été délivrés en vertu de la présente loi.

(9)  The French version of the Act is amended by striking out “registrateur” wherever it appears and substituting in each case “registraire”.

(10)  The French version of the following provisions of the Act is amended by striking out “certificat de compétence et d’inscription” wherever it appears and substituting in each case “certificat de qualification et d’inscription”:

1. Clause 6 (2) (b).

2. Subsections 14 (1), (3) and (4), subsection 14 (5) in the portion before clause (a), clause 14 (5) (a).

3. Subsection 18 (1), subsection 18 (2) in the portion before clause (a), subsections 18 (3) and (4).

4. Subsection 19 (1).

5. Clauses 20 (1) (a) and (b), subsection 20 (7).

6. Paragraphs 1, 2 and 3 of subsection 21 (6), paragraphs 1, 2, 3 and 4 of subsection 21 (9).

7. Subsection 22 (1), paragraphs 2 and 3 of subsection 22 (7).

8. Clauses 23 (2) (b) and (c).

9. Subsection 24 (1) in the portion before clause (a), subsections 24 (2) and (3).

10. Subsection 29 (3) in the portion before clause (a).

11. Paragraph 27 of subsection 40 (1).

12. Subsection 62 (1).

13. Subsection 63 (1) in the portion before clause (a).

(11)  The French version of the following provisions of the Act is amended by striking out “certificats de compétence et d’inscription” wherever it appears and substituting in each case “certificats de qualification et d’inscription”:

1. Paragraph 5 of subsection 3 (1).

2. Paragraphs 16, 17 and 18 of subsection 40 (1).

3. Clauses 62 (4) (a) and (b).

4. Subsection 63 (2) in the portion before clause (a).

Regulations

3.  (1)  The French version of Ontario Regulation 347/02 (Accreditation of Teacher Education Programs), made under the Ontario College of Teachers Act, 1996, is amended by striking out “registrateur” wherever it appears and substituting in each case “registraire”.

(2)  The following provisions of the Regulation are amended by striking out “certificate of qualification” wherever it appears and substituting in each case “certificate of qualification and registration”:

1. Clause (b) of the definition of “program of additional qualification” in subsection 1 (1).

2. Paragraph 2 of section 24.

(3)  The French version of clauses 1 (4) (a), (b) and (c) of the Regulation is amended by striking out “certificat de compétence” wherever it appears and substituting in each case “certificat de qualification”.

4.  The French version of the following provisions of Ontario Regulation 293/00 (Election of Council Members), made under the Ontario College of Teachers Act, 1996, is amended by striking out “registrateur” wherever it appears and substituting in each case “registraire”:

1. The heading before subsection 8 (1), subsection 8 (1) in the portion before clause (a), subsection 8 (2), subsection 8 (3) in the portion before clause (a), subsection 8 (4).

2. Subsection 9 (1), paragraph 4 of subsection 9 (2).

3. Subsection 10 (1) in the portion before paragraph 1.

4. Subsection 12 (2).

5. Section 13.

6. Subsection 14 (1) in the portion before clause (a), subsection 14 (2).

7. Section 15.

8. Subsection 16 (1) in the portion before clause (a), clause 16 (1) (a), subsection 16 (2), subsection 16 (3) in the portion before clause (a).

9. Section 17.

10. Clause 19 (2) (b) in the portion before subclause (i), subsection 19 (4).

11. Subsection 20 (1) in the portion before clause (a), subsection 20 (2) in the portion before paragraph 1, subsection 20 (3) in the portion before paragraph 1, subsections 20 (4) and (5).

12. Subsection 21 (1).

13. Subsection 22 (1) in the portion before clause (a), subsections 22 (2), (3), (4), (6), (7) and (8).

14. Section 22.2.

15. The heading before section 24, section 24 in the portion before clause (a).

5.  (1)  The French version of the following provisions of Ontario Regulation 271/09 (Fair Registration Practices), made under the Ontario College of Teachers Act, 1996, is amended by striking out “registrateur” wherever it appears and substituting in each case “registraire”:

1. Paragraph 5 of section 2.

2. Subsections 3 (1) and (2), subsection 3 (3) in the portion before paragraph 1.

3. Section 4.

4. Paragraph 4 of section 5.

5. Subsections 6 (1) and (3).

6. Subsection 7 (1).

7. Clause 9 (a).

(2)  The French version of the definition of “certificate” in section 1 of the Regulation is amended by striking out “Certificat de compétence et d’inscription” and substituting “Certificat de qualification et d’inscription”.

(3)  The French version of paragraph 3 of subsection 3 (3) of the Regulation is amended by striking out “certificat de compétence et d’inscription” and substituting “certificat de qualification et d’inscription”.

6.  The French version of the following provisions of Ontario Regulation 72/97 (General), made under the Ontario College of Teachers Act, 1996, is amended by striking out “registrateur” wherever it appears and substituting in each case “registraire”:

1. Subsections 2 (6), (7) and (8).

2. Section 3.

3. Subsection 4.1 (2), subsection 4.1 (4) in the portion before clause (a), clause 4.1 (4) (b).

4. Subsection 7 (2).

5. Section 10 in the portion before clause (a).

6. Subsection 11 (1), subsection 11 (2) in the portion before clause (a).

7. Subsection 16 (2), subsection 16 (7) in the portion before clause (a).

8. Subsection 25.1 (3) in the portion before clause (a).

9. Subsection 25.3 (2).

10. Subsection 27 (7).

11. Clauses 29 (2) (a) and (b), subsection 29 (3).

12. Subsection 31 (3).

7.  (1)  The French version of paragraph 2 of section 1 of Ontario Regulation 437/97 (Professional Misconduct), made under the Ontario College of Teachers Act, 1996, is amended by striking out “certificat de compétence et d’inscription” and substituting “certificat de qualification et d’inscription”.

(2)  The French version of paragraph 9 of section 1 of the Regulation is amended by striking out “certificat de compétence et d’inscription” and substituting “certificat de qualification et d’inscription”.

(3)  The French version of paragraph 16 of section 1 of the Regulation is amended by striking out “certificat de compétence et d’inscription” and substituting “certificat de qualification et d’inscription”.

8.  The French version of the definition of “teacher” in section 2 of Ontario Regulation 392/02 (Distance Education Programs), made under the Ontario Educational Communications Authority Act, is amended by striking out “certificat de compétence et d’inscription” and substituting “certificat de qualification et d’inscription”.

Commencement

Commencement

9.  This Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

SCHEDULE 14
MINISTRY OF ENERGY AND INFRASTRUCTURE

Capital Investment Plan Act, 1993

1.  (1)  Subsection 3 (4) of the Capital Investment Plan Act, 1993 is repealed and the following substituted:

Ontario Realty Corporation

(4)  The Minister of Energy and Infrastructure or whatever other member of the Executive Council to whom the responsibility is assigned under the Executive Council Act is the minister who is responsible for the administration of this Act in respect of the Ontario Realty Corporation.

(2)  Section 60 of the Act is repealed.

Electricity Act, 1998

2.  (1)  Subsections 19 (6) and (7) of the Electricity Act, 1998 are repealed.

(2)  Subsection 19.1 (4) of the Act is repealed.

(3)  Subsections 25.21 (6) and (7) of the Act are repealed.

(4)  Subsection 25.22 (4) of the Act is repealed.

(5)  Subsection 34 (4.1) of the Act is repealed and the following substituted:

Effect of revocation by Board

(4.1)  If the Board revokes the amendment under subsection (2.2),

(a) subsection (3) ceases to apply to the amendment; and

(b) the Board shall not proceed with any review that arises from an application that was made under subsection (3) before it revoked the amendment.

(6)  Subsection 34 (4.1) of the Act, as re-enacted by subsection (5), is repealed.

(7)  Clause 114 (1.2) (h) of the Act is repealed.

Electricity Pricing, Conservation and Supply Act, 2002

3.  Subsection 3 (19) of the Electricity Pricing, Conservation and Supply Act, 2002 is repealed.

Commencement

Commencement

4.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

Same

(2)  Subsection 2 (6) comes into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 15
MINISTRY OF THE ENVIRONMENT

Adams Mine Lake Act, 2004

1.  The French version of clause 6 (10) (a) of the Adams Mine Lake Act, 2004 is amended by striking out “laquelle” and substituting “lesquels”.

Clean Water Act, 2006

2.  (1)  Section 2 of the Clean Water Act, 2006 is amended by adding the following subsection:

Great Lakes

(3)  In this Act and in the regulations, a reference to the Great Lakes includes the St. Lawrence River and the connecting channels of the Great Lakes.

(2)  Subsection 26 (4) of the Act is amended by adding the following clause:

(i) authorize the Minister to prepare an updated source protection plan if it is not submitted to the Minister by a date specified in an order under subsection 36 (1) or the Minister is of the opinion that it will not be submitted to the Minister by that date, and govern the responsibilities of the parties to the agreement in those circumstances.

(3)  Subsection 33 (1) of the Act is amended by striking out “to the Minister by the date prescribed by the regulations” wherever it appears and substituting in each case “to the Minister or the Director, as the case may be, by the date prescribed by the regulations”.

(4)  Section 36 of the Act is repealed and the following substituted:

Reviews

36.  (1)  When the Minister approves a source protection plan, he or she shall, by order,

(a) specify each part of the assessment report and each other part of the source protection plan for which a review is required;

(b) specify the dates by which,

(i) the review of each part of the assessment report and each other part of the source protection plan must begin, and

(ii) the steps involved in complying with subsections (3) to (10) must be completed for each part of the review;

(c) specify any requirements governing the review of the plan that are in addition to the requirements set out in this section; and

(d) specify any requirements set out in this section that do not apply in respect of the review.

Parts of reports and plans

(2)  In subsections (3) to (10), a reference to a part of an assessment report or a part of a source protection plan is a reference to a part that has been specified in an order under clause (1) (a).

Terms of reference for review

(3)  The source protection committee for a source protection area shall prepare terms of reference for the review of each part of the assessment report and each other part of the source protection plan for the source protection area and, unless an order under subsection (1) provides otherwise, clause 7 (6) (f), subsections 8 (2) to (7) and sections 9 to 14 apply, with necessary modifications, to the terms of reference prepared under this subsection.

Review of assessment report

(4)  The source protection committee for a source protection area shall review each part of the assessment report for the source protection area in accordance with the terms of reference prepared under subsection (3) for the purpose of ensuring that each part of the assessment report meets the applicable requirements set out in subsection 15 (2) and, unless an order under subsection (1) provides otherwise, clause 7 (6) (f) and subsections 15 (3) and (4) apply, with necessary modifications, to the review of each part of the assessment report.

Same

(5)  The source protection committee for a source protection area shall update the assessment report for the source protection area after completing a review of each part of the report under subsection (4) and, unless an order under subsection (1) provides otherwise, sections 16, 17, 18 and 20 apply, with necessary modifications, to the updated assessment report.

Review of source protection plan by committee

(6)  The source protection committee for a source protection area shall review each part of the source protection plan for the source protection area, other than the assessment report, in accordance with the terms of reference prepared under subsection (3) for the purpose of ensuring that each part of the plan meets the applicable requirements set out in subsection 22 (2), and, unless an order under subsection (1) provides otherwise, clause 7 (6) (f) and subsections 22 (3) to (16) apply, with necessary modifications, to the review of each part of the plan.

Same

(7)  The source protection committee for a source protection area shall update the source protection plan for the source protection area after completing a review of each part of the plan under subsection (6) and, unless an order under subsection (1) provides otherwise, sections 23 to 25 apply, with necessary modifications, to the updated plan.

Review of source protection plan by municipality

(8)  If a source protection plan for a source protection area is prepared under an agreement referred to in section 26, the municipality or municipalities that prepared the plan shall review each part of the plan for the purpose of ensuring that each part of the plan meets the applicable requirements set out in the agreement, update the plan after completing each part of the review, and, unless an order under subsection (1) provides otherwise, section 26 applies, with necessary modifications, to the review of each part of the plan and the updated plan.

Updated source protection plans

(9)  Unless an order under subsection (1) provides otherwise, sections 27 to 32 apply, with necessary modifications, to an updated source protection plan referred to in subsection (7) or (8).

Failure to submit documents related to review

(10)  If a source protection authority fails to submit terms of reference, an updated assessment report or an updated source protection plan prepared for the purposes of this section to the Minister or the Director, as the case may be, by the date set out in an order issued under subsection (1), or if the Minister is of the opinion that the source protection authority will not submit any of those documents to the Minister or the Director, as the case may be, by the date set out in an order issued under subsection (1), the Minister may give the source protection authority written notice of his or her intention to issue an order under subsection 33 (3), and subsections 33 (2) to (7) apply, with necessary modifications.

(5)  The French version of subsection 62 (13) of the Act is amended by striking out “une habitation” wherever it appears and substituting in each case “un lieu d’habitation”.

(6)  The French version of subsection 62 (15) of the Act is amended by striking out “en ce sens” and substituting “à cet effet”.

(7)  Section 65 of the Act is amended by striking out “risk management official” wherever it appears and substituting in each case “risk management inspector”.

(8)  The French version of subsection 78 (1) of the Act is amended by striking out “aux fins de vérification” and substituting “aux fins d’inspection”.

(9)  Section 88 of the Act is amended by adding the following subsections:

Designation by Minister

(3.1)  If the Minister issues an order under subsection 33 (3), the Minister may in writing designate, for the purposes of subsection (1),

(a) a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry;

(b) members of a class of public servants employed under Part III of the Public Service of Ontario Act, 2006; or

(c) any other person or members of any other class of persons.

Minister’s designate

(3.2)  Subject to subsections (4) and (5), a person designated under subsection (3.1) may enter property, without the consent of the owner or occupier and without a warrant, if the entry is for the purpose of collecting information relevant to the preparation or review of an assessment report or source protection plan that is the subject of an order made under subsection 33 (3).

Designation by Minister, monitoring

(3.3)  If a public body described in clause (b) of the definition of “public body” in subsection 2 (1) is designated in a source protection plan as being responsible for the implementation of a policy governing monitoring, the Minister may designate in writing, for the purposes of subsection (1),

(a) a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry;

(b) members of a class of public servants employed under Part III of the Public Service of Ontario Act, 2006; or

(c) any other person or members of any other class of persons.

Same

(3.4)  Subject to subsections (4) and (5), a person designated under subsection (3.3) may enter property without the consent of the owner or occupier and without a warrant, if the entry is for the purpose of conducting a monitoring program under section 45.

(10)  The French version of subsection 106 (8) of the Act is amended by striking out “équivalent” and substituting “équivalant”.

(11)  Section 108 of the Act is amended by adding the following subsection:

Regulations under cl. (1) (b)

(2)  If a regulation is made under clause (1) (b) designating participating municipalities for a conservation authority for the purposes of this Act, section 14 of the Conservation Authorities Act applies to the conservation authority with necessary modifications, for the purposes of this Act.

(12)  Clause 109 (1) (d) of the Act is repealed.

(13)  Clause 109 (1) (e) of the Act is amended by striking out “under clause (a), (c) or (d)” and substituting “under clause (a) or (c)”.

Environmental Assessment Act

3.  (1)  The French version of subsection 25 (2) of the Environmental Assessment Act is amended by striking out “études, examens, enquêtes, épreuves et recherches” and substituting “arpentages, examens, enquêtes, tests, analyses et recherches”.

(2)  The French version of section 27 of the Act is repealed and the following substituted:

Questions confidentielles

27.  (1)  À l’exception des renseignements concernant le dépôt, l’adjonction, l’émission ou le rejet d’un contaminant dans l’environnement naturel, l’agent provincial est tenu au secret à l’égard des questions dont il prend connaissance au cours d’un arpentage, d’un examen, d’un test, d’une analyse ou d’une enquête dans le cadre de la présente loi ou des règlements et ne doit rien en divulguer à qui que ce soit, sauf, selon le cas :

a) dans la mesure où l’exige l’application de la présente loi et des règlements ou toute instance introduite sous leur régime;

b) à son avocat;

c) avec le consentement de la personne à qui se rapportent les renseignements.

Témoignage dans une action civile

(2)  Sauf dans une instance introduite en vertu de la présente loi ou des règlements, l’agent provincial ne doit pas être contraint à témoigner dans une action ou instance civile relativement aux renseignements qu’il a obtenus au cours d’un arpentage, d’un examen, d’un test, d’une analyse ou d’une enquête dans le cadre de la présente loi ou des règlements.

(3)  Clause 39 (j) of the Act is repealed and the following substituted:

(j) prescribing or respecting any matter that this Act refers to as a matter prescribed by the regulations or as otherwise dealt with by the regulations.

Environmental Bill of Rights, 1993

4.  (1)  The French version of subsection 119 (2) of the Environmental Bill of Rights, 1993 is amended by striking out “préposés” and substituting “employés”.

(2)  Clause 121 (1) (a) of the Act is repealed and the following substituted:

(a) prescribing or respecting any matter that this Act refers to as a matter prescribed by the regulations or as otherwise dealt with by the regulations;

Environmental Protection Act

5.  (1)  The French version of subsection 156 (4) of the Environmental Protection Act is repealed and the following substituted:

Pouvoir d’exclure des personnes

(4)  L’agent provincial qui exerce le pouvoir énoncé à l’alinéa (2) i) peut exclure toute personne de l’interrogation, à l’exception de l’avocat de la personne qu’il interroge.

(2)  The French version of subsection 156.5 (3) of the Act is amended by striking out “en ce sens” and substituting “à cet effet”.

(3)  The French version of subsection 157 (1) of the Act is amended by striking out “peut ordonner, par arrêté, à” in the portion before clause (a) and substituting “peut adresser un arrêté à”.

(4)  The French version of subsection 158 (3) of the Act is amended by striking out “en ce sens” and substituting “à cet effet”.

(5)  The French version of subsection 165.1 (1) of the Act is amended by striking out “tenir” and substituting “conserver” and by striking out “aux fins de vérification” and substituting “aux fins d’inspection”.

(6)  Clause 175.1 (l) of the Act is repealed and the following substituted:

(l) prescribing or respecting any matter that this Act refers to as a matter prescribed by the regulations or as otherwise dealt with by the regulations.

(7)  The French version of subsection 180 (2) of the Act is amended by striking out “préposé” and substituting “employé”.

(8)  The French version of subsection 184 (1) of the Act is amended by striking out “agent du ministère” and substituting “mandataire du ministère”.

(9)  The French version of subsection 184 (2) of the Act is amended by striking out “agent du ministère” and substituting “mandataire du ministère”.

(10)  The French version of subsection 184 (4) of the Act is amended by striking out “agent du ministère” and substituting “mandataire du ministère”.

Lake Simcoe Protection Act, 2008

6.  The French version of subsection 26 (21) of the Lake Simcoe Protection Act, 2008 is amended by striking out “en ce sens” and substituting “à cet effet”.

Nutrient Management Act, 2002

7.  (1)  The definition of “nutrient” in section 2 of the Nutrient Management Act, 2002 is repealed and the following substituted:

“nutrient” means any material, including fertilizer, manure, compost, sewage biosolids and pulp and paper biosolids, that can be applied to land for the purpose of improving the growing of agricultural crops or for the purpose of a prescribed use, but does not include any material that the regulations specify does not come within the definition of “nutrient”; (“élément nutritif”)

(2)  The definition of “nutrient management strategy” in section 2 of the Act is repealed and the following substituted:

“nutrient management strategy” means a plan prepared by or on behalf of a municipality or a generator of prescribed materials to ensure the prescribed materials generated in the municipality or by the generator are appropriately managed and may include one or more nutrient management plans; (“stratégie de gestion des éléments nutritifs”)

(3)  Subsection 6 (2) of the Act is amended by adding the following clause:

(g.1) governing the preparation of nutrient management strategies, requiring that municipalities and generators of prescribed materials ensure that a nutrient management strategy is prepared and specifying the method according to which the strategy must be prepared and the contents of the strategy;

(4)  Subsection 29 (1) of the Act is repealed and the following substituted:

Order for preventive measures

(1)  A provincial officer or Director may issue an order to any person who owns or who has management or control of lands or premises that the provincial officer may enter under section 13, 14 or 16 if the officer or Director, as the case may be, has reasonable grounds to believe that an adverse effect described in subsection 18 (3) will result or is likely to result if materials containing nutrients are discharged into the natural environment, other than the air, from anything undertaken on or in the lands and premises.

(5)  Clause 29 (3) (b) of the Act is repealed and the following substituted:

(b) report on the steps mentioned in clause (a), within the time specified, to the provincial officer or Director who issued the order.

(6)  Section 55 of the Act is amended by adding the following subsection:

Certificate of service

(1.1)  A certificate purporting to be signed by the Minister, a Director, a provincial officer or an employee in the Ministry that certifies that a document referred to in subsection (1) was served on a person or entity shall be received in evidence in any proceeding as proof of service of that document on that person or entity, in the absence of evidence to the contrary, without proof of the signature or position of the person appearing to have signed the certificate.

Ontario Water Resources Act

8.  (1)  Subsection 5 (1) of the Ontario Water Resources Act is repealed and the following substituted:

Appointments

Directors

(1)  The Minister may in writing appoint as Directors any of the following persons as the Minister considers necessary in respect of the sections of this Act or of the regulations that are set out in the appointments:

1. Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or the members of classes of such public servants.

2. Subject to the approval of the Lieutenant Governor in Council, any other persons or the members of any other classes of persons.

(2)  The French version of subsection 15 (5) of the Act is repealed and the following substituted:

Pouvoir d’exclure des personnes

(5)  L’agent provincial qui exerce le pouvoir énoncé à l’alinéa (2) i) peut exclure toute personne de l’interrogation, à l’exception de l’avocat de la personne qu’il interroge.

(3)  The French version of subsection 15.6 (3) of the Act is amended by striking out “en ce sens” and substituting “à cet effet”.

(4)  The French version of subsection 16 (1) of the Act is amended by striking out “peut ordonner, par arrêté, à” in the portion before clause (a) and substituting “peut adresser un arrêté à”.

(5)  The French version of subsection 16.1 (1) of the Act is amended by striking out “peut ordonner, par arrêté, à” and substituting “peut adresser un arrêté à”.

(6)  The French version of subsection 17 (3) of the Act is amended by striking out “en ce sens” and substituting “à cet effet”.

(7)  Subsection 75 (1.10) of the Act is repealed and the following substituted:

Same, subdelegation

(1.10)  A regulation under subsection (1.7) may authorize a person or body to prescribe, govern, designate or otherwise determine any matter that may be prescribed, governed, designated or otherwise determined by the Lieutenant Governor in Council under subsection (1.7), other than a matter described in clause (1.7) (a) or (b).

(8)  Clause 76 (1) (j) of the Act is repealed and the following substituted:

(j) prescribing or respecting any matter that this Act refers to as a matter prescribed by the regulations or as otherwise dealt with by the regulations.

Pesticides Act

9.  (1)  Subsection 7.1 (3) of the Pesticides Act is repealed and the following substituted:

Requirements related to excepted uses

(3)  A person who, pursuant to subsection (2), uses or causes or permits the use of a pesticide prescribed for the purpose of subsection (1) shall comply with such requirements as may be prescribed.

(2)  The French version of subsection 19 (5) of the Act is repealed and the following substituted:

Pouvoir d’exclure des personnes

(5)  L’agent provincial qui exerce le pouvoir énoncé à l’alinéa (2) i) peut exclure toute personne de l’interrogation, à l’exception de l’avocat de la personne qu’il interroge.

(3)  The French version of subsection 19.6 (3) of the Act is amended by striking out “en ce sens” and substituting “à cet effet”.

(4)  The French version of subsection 20 (3) of the Act is amended by striking out “en ce sens” and substituting “à cet effet”.

(5)  Subsection 35 (1) of the Act is amended by adding the following paragraph:

49. prescribing or respecting any matter that this Act refers to as a matter prescribed by the regulations or as otherwise dealt with by the regulations.

(6)  Section 36 of the Act is amended by adding the following subsections:

Amendments to adopted codes

(3)  A code, formula, standard or procedure adopted by reference under subsection (2) may be adopted as amended from time to time.

When amendments effective

(4)  The adoption of an amendment to a document that has been adopted by reference comes into effect upon the Ministry publishing notice of the amendment in The Ontario Gazette or in the environmental registry established under section 5 of the Environmental Bill of Rights, 1993.

(7)  Section 48 of the Act is repealed and the following substituted:

Limitation

48.  (1)  Proceedings for an offence under this Act or the regulations shall not be commenced later than two years after the later of,

(a) the day on which the offence was committed; and

(b) the day on which evidence of the offence first came to the attention of a provincial officer or Director.

Same

(2)  Clause (1) (b) does not apply in respect of offences committed before the day this section comes into force.

Safe Drinking Water Act, 2002

10.  (1)  The French version of subsection 81 (5) of the Safe Drinking Water Act, 2002 is repealed and the following substituted:

Pouvoir d’exclure des personnes

(5)  L’agent provincial qui exerce le pouvoir énoncé à la disposition 14 du paragraphe (2) peut exclure toute personne de l’interrogation, à l’exception de l’avocat de la personne qu’il interroge.

(2)  The French version of subsection 82 (8) of the Act is amended by striking out “toute cale de chargement” and substituting “la cale de tout chargement”.

(3)  The French version of subsection 89 (3) of the Act is amended by striking out “en ce sens” and substituting “à cet effet”.

Toxics Reduction Act, 2009

11.  Subsection 50 (2) of the Toxics Reduction Act, 2009 is repealed and the following substituted:

Amendments to documents

(2)  A regulation may adopt by reference and require compliance with a document as it may be amended from time to time.

When amendment effective

(3)  The adoption of an amendment to a document that has been adopted by reference comes into effect upon the Ministry publishing notice of the amendment in The Ontario Gazette or in the environmental registry established under section 5 of the Environmental Bill of Rights, 1993.

Commencement

Commencement

12.  (1)  Subject to subsections (2) and (3), this Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

Same

(2)  Subsection 2 (4) comes into force on a day to be named by proclamation of the Lieutenant Governor.

Same

(3)  Section 11 comes into force on the later of the day subsection 50 (2) of the Toxics Reduction Act, 2009 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

SCHEDULE 16
MINISTRY OF FINANCE

Accumulations Act

1.  The Accumulations Act is amended by adding the following section:

Rules not applicable to certain trust funds

5.  The rules of law and statutory enactments relating to accumulations do not apply and are deemed never to have applied to a trust fund required by subsection 9 (1) of the Nuclear Fuel Waste Act (Canada).

Commodity Futures Act

2.  (1)  The English version of paragraph 5 of subsection 2.2 (2) of the Commodity Futures Act is amended by striking out “disruption” and substituting “major disruption”.

(2)  Section 61 of the Act is amended by striking out “the Treasurer of Ontario” in the portion after clause (c) and substituting “the Minister of Finance” and by striking out “the Treasurer may” in the portion after clause (c) and substituting “the Minister may”.

(3)  Subsection 64 (3) of the Act is amended by striking out “subsections 5 (2) and (3) of the Proceedings Against the Crown Act” and substituting “subsections 5 (2) and (4) of the Proceedings Against the Crown Act”.

(4)  Subparagraph 28 i of subsection 65 (1) of the Act is amended by striking out “(Investigations)”.

Corporations Tax Act

3.  (1)  Subsection 57.4 (1.1) of the Corporations Tax Act is amended by striking out “subclause (1) (a) (i)” and substituting “clause (a) of the definition of “A” in subsection (1)”.

(2)  Subsection 57.4 (1.1) of the Act is amended by striking out “subclause (1) (b) (i)” and substituting “clause (a) of the definition of “B” in subsection (1)”.

Electricity Act, 1998

4.  Subsection 92.1 (7) of the Electricity Act, 1998 is repealed.

Financial Services Commission of Ontario Act, 1997

5.  Section 10 of the Financial Services Commission of Ontario Act, 1997 is amended by adding the following subsection:

Crown liability

(1.1)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of any liability to which it would otherwise be subject.

Income Tax Act

6.  (1)  Subsection 8.5 (33) of the Income Tax Act is amended by striking out “first class mail” and substituting “ordinary letter mail”.

(2)  Subsection 48 (13) of the Act is amended by striking out “first class mail” and substituting “ordinary letter mail”.

Insurance Act

7.  (1)  Clause 25 (2) (c) of the Insurance Act is amended by striking out “the Treasurer of Ontario” and substituting “the Minister of Finance”.

(2)  Subsection 32 (3) of the Act is amended by striking out “the Official Guardian” and substituting “the Children’s Lawyer”.

(3)  Subsection 32 (4) of the Act is amended by striking out “the Treasurer of Ontario” and substituting “the Minister of Finance”.

(4)  Subsection 271 (1.3) of the Act is repealed and the following substituted:

Same, notice to Children’s Lawyer

(1.3)  The insurer shall promptly give the Children’s Lawyer notice of a payment into court under subsection (1.2) and a copy of the affidavit filed under that subsection.

(5)  The French version of subsection 437.17 (1) of the Act is amended by striking out “transaction” and substituting “opération”.

Mining Tax Act

8.  The French version of subclause 8 (4) (a) (vi) of the Mining Tax Act is amended by striking out “le jour donné” and substituting “au jour donné”.

Northern Services Boards Act

9.  (1)  The French version of subsection 26.1 (5) of the Northern Services Boards Act is amended by striking out “frais hors caisse” and substituting “frais hors trésorerie”.

(2)  The French version of subsection 57 (1) of the Act is amended by striking out “régies locales de services publics” in the portion before paragraph 1 and substituting “régies locales des services publics”.

Ontario Guaranteed Annual Income Act

10.  The following provisions of the Ontario Guaranteed Annual Income Act are amended by striking out “section 1” wherever it appears and substituting in each case “subsection 1 (1)”:

1. Subsection 2 (6).

2. Clauses 6 (2) (a) and (3) (a) and subclauses 6 (4) (b) (i) and (5) (b) (i).

3. Clauses 17 (2) (k) and (l).

Perpetuities Act

11.  Section 18 of the Perpetuities Act is amended by adding the following subsection:

Rules not applicable to certain trust funds

(1.1)  The rules of law and statutory enactments relating to perpetuities do not apply and are deemed never to have applied to a trust fund required by subsection 9 (1) of the Nuclear Fuel Waste Act (Canada).

Taxation Act, 2007

12.  The English version of subparagraph 1 i of subsection 41 (4) of the Taxation Act, 2007 is amended by adding “and” at the end.

Commencement

Commencement

13.  This Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

SCHEDULE 17
MINISTRY OF GOVERNMENT SERVICES

Business Corporations Act

1.  (1)  Paragraphs 22 and 28 of section 272 of the Business Corporations Act are repealed.

(2)  Clause 273 (1) (a) of the Act is amended by striking out “an incorporator” and substituting “all incorporators”.

(3)  Clause 273 (4) (a) of the Act is amended by striking out “the incorporator” and substituting “all incorporators”.

Certification of Titles Act

2.  (1)  The Certification of Titles Act is repealed.

(2)  Ontario Regulation 514/93 (General) made under the Act is revoked.

Change of Name Act

3.  (1)  The following provisions of the Change of Name Act are amended by striking out “Ministry of the Solicitor General” wherever that expression appears and substituting in each case “Ministry of Community Safety and Correctional Services”:

1. Subsections 7.1 (1), (2) and (3).

2. Clause 8 (1) (b.1).

3. Clauses 8 (1.1) (a) and (b).

4. Subsections 8 (1.2), (1.3) and (1.4).

5. Clause 8 (2) (b).

6. Clause 10 (6) (b.1).

7. Subsection 10 (7).

(2)  Clause 13 (f) of the Act is repealed.

Condominium Act, 1998

4.  Subclause 139 (1) (a) (iii) of the Condominium Act, 1998 is amended by adding “as that Act read immediately before subsection 2 (1) of Schedule 17 to the Good Government Act, 2009 came into force” after “the Certification of Titles Act”.

Land Titles Act

5.  (1)  Subsection 10 (3) of the Land Titles Act is repealed and the following substituted:

Hearing before Director

(3)  If under this Act the land registrar is authorized to determine any matter, the Director of Titles may determine the matter at a hearing.

(2)  Subsection 10 (5) of the Act is repealed and the following substituted:

Notices of hearing

(5)  The Director of Titles shall serve or cause to be served notices of a hearing to be held by the Director of Titles under this Act and may direct a land registrar to serve any notice of a hearing required to be served under this Act and the land registrar shall comply with the direction.

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

Duties

(3)  The examiner of surveys shall work under the direction of the Director of Titles and shall perform the duties under this Act, the Boundaries Act, the Condominium Act, 1998 and the Registry Act that are required by the Director of Titles or otherwise required.

(4)  Section 19 of the Act is repealed and the following substituted:

Examination of witnesses

19.  The Director of Titles may name the witnesses to be examined at a hearing under this Act or may request an official examiner of the court to take the examination of all witnesses produced by any named person or of any class of witnesses.

(5)  Subsection 20 (1) of the Act is amended by striking out “or land registrar”.

(6)  Subsection 20 (4) of the Act is amended by striking out “or the land registrar”.

(7)  Subsections 20 (5) and (6) of the Act are repealed and the following substituted:

Disobedience

(5)  If any person disobeys an order or summons of the Director of Titles made under this Act, the Director of Titles may certify the disobedience to the court and the court may then punish the person in the same manner as if the order or summons were an order of the court.

(8)  Section 26 of the Act is repealed and the following substituted:

Appeal to court

26.  A party to a hearing held under this Act may appeal the decision or order of the Director of Land Registration or the Director of Titles to the court within 30 days of the date of the decision or order, as the case may be, and the appeal shall be by way of a new trial.

(9)  Subsection 40 (4) of the Act is amended by striking out “the Condominium Act” and substituting “the Condominium Act, 1998 or a predecessor of that Act”.

(10)  Subsection 40 (5) of the Act is amended by striking out “the Condominium Act” and substituting “the Condominium Act, 1998”.

(11)  Subsection 40 (7) of the Act is repealed and the following substituted:

Definitions

(7)  In this section,

“common elements”, “declarant”, “declaration”, “description”, “property” and “unit” have the same meaning as in the Condominium Act, 1998. (“parties communes”, “déclarant”, “déclaration”, “description”, “propriété”, “partie privative”)

(12)  Paragraph 2 of section 41 of the Act is amended by striking out “land registrar” and substituting “Director of Titles”.

(13)  The following provisions of the Act are amended by striking out “Treasurer of Ontario” wherever that expression appears and substituting in each case “Minister of Finance”:

1. Subsections 54 (5) and (6).

2. Subsection 57 (10).

(14)  Subsection 57 (9) of the Act is amended by striking out “first class mail” and substituting “mail”.

(15)  Subsection 57 (11) of the Act is repealed and the following substituted:

Payment out of Assurance Fund

(11)  Subject to subsection (10), the Director of Titles shall certify to the Minister of Finance any amount found to be payable under this section, and, upon receiving the certificate, that Minister shall pay the amount to the person entitled to it out of the Consolidated Revenue Fund, and the sums so paid out shall be credited as payments on account of the stock in the hands of the Accountant of the Superior Court of Justice, and the amount of the stock shall be reduced accordingly.

(16)  Clause 59 (1) (b) of the Act is repealed and the following substituted:

where claimant had notice of registration proceeding

(b) where the claimant, by direction of the land registrar or in accordance with the practice of his or her office, had been served with a notice of the proceeding being had in that office, whether the proceeding was commenced prior or subsequent to first registration, and failed to act in accordance with the requirements of the notice or if the land registrar or the Director of Titles had adjudicated against the claimant and the claimant had failed to prosecute successfully an appeal against the decision;

(17)  Subsection 144 (1) of the Act is amended by striking out “the Condominium Act” and substituting “the Condominium Act, 1998”.

(18)  Subsection 157 (2) of the Act is repealed.

(19)  Subsection 158 (1.2) of the Act is repealed and the following substituted:

Hearing

(1.2)  If the land registrar has entered a caution under subsection (1) or (1.1), the Director of Titles may hold a hearing before making any correction under subsection (2), and section 10 applies to the hearing.

(20)  Subsection 170 (1) of the Act is repealed and the following substituted:

Payment of costs

(1)  Unless the Director of Titles makes an order under subsection (2), an applicant under this Act is liable to pay all costs, charges and expenses incurred by or in consequence of the applicant’s application, except if parties whose rights are sufficiently secured without their appearance object or if any costs, charges or expenses are incurred unnecessarily or improperly.

(21)  Subsections 170 (2) and (3) of the Act are amended by striking out “land registrar” wherever that expression appears and substituting in each case “Director of Titles”.

(22)  Subsection 170 (4) of the Act is repealed and the following substituted:

Enforcement of order

(4)  If a person disobeys an order of the Director of Titles made under this section, the Director of Titles may certify the disobedience to the court and, subject to the right of appeal, the certified order may be enforced as if it were an order of the court.

Marriage Act

6.  (1)  Subsection 24 (1) of the Marriage Act, as it will read on the day section 1 of the Marriage Amendment Act, 2002 comes into force, is repealed and the following substituted:

Civil marriage

(1)  A judge, a justice of the peace or any other person of a class designated by the regulations may solemnize marriages under the authority of a licence.

(2)  Subsection (1) applies only if section 1 of the Marriage Amendment Act, 2002 comes into force before this subsection comes into force.

(3)  Subsection 24 (2) of the Act, as it read on the day before the Marriage Amendment Act, 2002 received Royal Assent, is repealed.

(4)  Subsection (3) applies only if section 1 of the Marriage Amendment Act, 2002 does not come into force before this subsection comes into force.

(5)  Subsections 24 (2), (2.1) and (2.2) of the Act, as they will read on the day section 1 of the Marriage Amendment Act, 2002 comes into force, are repealed.

(6)  Subsection (5) applies only if section 1 of the Marriage Amendment Act, 2002 comes into force before this subsection comes into force.

(7)  Clauses 34 (a) and (f) of the Act are repealed.

Marriage Amendment Act, 2002

7.  (1)  The Marriage Amendment Act, 2002 is repealed.

(2)  Subsection (1) does not apply if the Marriage Amendment Act, 2002 comes into force before section 6 comes into force.

Ontario Public Service Employees’ Union Pension Act, 1994

8.  (1)  Section 1 of the Ontario Public Service Employees’ Union Pension Act, 1994 is repealed and the following substituted:

General

Purpose

1.  The purpose of this Act is to authorize the establishment of the Ontario Public Service Employees’ Union Pension Plan.

(2)  The definition of ““actuarial gain”, “actuarial loss”, “going concern unfunded liability” and “going concern valuation”” in section 2 of the Act is repealed and the following substituted:

“actuarial gain” and “actuarial loss” have the same meaning as in subsection 1 (2) of Regulation 909 of the Revised Regulations of Ontario, 1990 (General) made under the Pension Benefits Act; (“gain actuariel”, “perte actuarielle”)

(3)  The definitions of “employer contributions”, “PSP Fund”, “Revised Regulation 909” and “special payment” in section 2 of the Act are repealed.

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

Same

(3.1)  The Sponsorship Agreement prevails over the Pension Benefits Act and the regulations made under that Act and, except for this Act, every other Act and regulation governing the use of an actuarial gain or the liquidation of an actuarial loss.

(5)  Subsections 6 (1), (2), (3), (4) and (6) of the Act are repealed.

(6)  Subsection 8 (1) of the Act is repealed.

(7)  Section 10 of the Act is repealed.

(8)  The heading immediately before section 11 and subsections 11 (1) and (4) of the Act are repealed.

(9)  Sections 12 and 13 of the Act are repealed.

(10)  Section 14 of the Act is amended by striking out the portion before clause (a) and substituting the following:

Transfer of members between plans

14.  Subsection 19 (7) of Regulation 909 of the Revised Regulations of Ontario, 1990 (General) made under the Pension Benefits Act does not apply where 50 or more persons at any one time,

. . . . .

(11)  The heading immediately before section 15 and sections 15, 16, 17, 18, 19 and 20 of the Act are repealed.

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

Supplemental pension plans

21.1  (1)  The Lieutenant Governor in Council by order may establish or continue separate supplemental pension plans for any classes of members of the OPSEU Plan.

Legislation Act, 2006, Part III

(2)  Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to an order under subsection (1).

Proceedings Against the Crown Act

9.  Subsection 2 (1) of the Proceedings Against the Crown Act is amended by striking out “the Certification of Titles Act as to claims against The Certification of Titles Assurance Fund” and by adding “and the Registry Act” after “the Land Titles Act”.

Public Service of Ontario Act, 2006

10.  (1)  The definition of “Commission public body” in subsection 2 (1) of the Public Service of Ontario Act, 2006 is amended by striking out “8 (1) (b)” and substituting “8 (1.1) (b)”.

(2)  The definition of “public body” in subsection 2 (1) of the Act is amended by striking out “8 (1) (a)” and substituting “8 (1.1) (a)”.

(3)  Clauses 8 (1) (a) and (b) of the Act are repealed.

(4)  Section 8 of the Act is amended by adding the following subsection:

Same, Minister

(1.1)  The Minister responsible for the administration of this Act may make regulations,

(a) prescribing the bodies that are public bodies for the purposes of the definition of “public body” in subsection 2 (1);

(b) prescribing as Commission public bodies, for the purposes of the definition of “Commission public body” in subsection 2 (1), public bodies,

(i) for which the Public Service Commission may, under this or any other Act, appoint public servants under Part III, or

(ii) in respect of which there is no statutory authority to employ employees.

(5)  Subsection 33 (4) of the Act is amended by adding at the end “and for deputy ministers”.

(6)  Section 34 of the Act is repealed and the following substituted:

Discipline and dismissal

34.  The Public Service Commission may for cause,

(a) impose disciplinary measures, including suspension, on a public servant appointed by it, as the Commission considers appropriate; and

(b) dismiss from employment a public servant appointed by it, as the Commission considers appropriate.

(7)  Subsection 43 (1) of the Act is amended by adding at the end “and in relation to deputy ministers”.

(8)  Clause 44 (4) (a) of the Act is amended by striking out “clause 55 (1) (c)” and substituting “subsection 55 (1.1)”.

(9)  Clause 55 (1) (c) of the Act is repealed.

(10)  Section 55 of the Act is amended by adding the following subsection:

Same, Minister

(1.1)  The Minister responsible for the administration of this Act may make regulations prescribing an individual for the purposes of clause 44 (4) (a).

(11)  Paragraph 3 of subsection 62 (1) of the Act is amended by striking out “clause 71 (1) (b)” and substituting “subsection 71 (1.1)”.

(12)  Clause 71 (1) (b) of the Act is repealed.

(13)  Section 71 of the Act is amended by adding the following subsection:

Same, Minister

(1.1)  The Minister responsible for the administration of this Act may make regulations prescribing individuals for the purposes of paragraph 3 of subsection 62 (1).

(14)  Subsections 104 (2), (3) and (4) of the Act are repealed and the following substituted:

Public servant subject to collective agreement

(2)  A public servant who is subject to the terms and conditions of a collective agreement may have the complaint dealt with by final and binding settlement by arbitration in accordance with the agreement.

Public servant not subject to collective agreement

(3)  A public servant employed under Part III who is not subject to the terms and conditions of a collective agreement may file the complaint with the Public Service Grievance Board.

Other public servant

(4)  A public servant employed by a public body who is not subject to the terms and conditions of a collective agreement may file the complaint with the Ontario Labour Relations Board.

(15)  Subsections 140 (2), (3) and (4) of the Act are repealed and the following substituted:

Public servant subject to collective agreement

(2)  A public servant who is subject to the terms and conditions of a collective agreement may have the complaint dealt with by final and binding settlement by arbitration in accordance with the agreement or may file the complaint with the Ontario Labour Relations Board.

Public servant not subject to collective agreement

(3)  A public servant employed under Part III who is not subject to the terms and conditions of a collective agreement may file the complaint with the Public Service Grievance Board.

Other public servant

(4)  A public servant employed by a public body who is not subject to the terms and conditions of a collective agreement may file the complaint with the Ontario Labour Relations Board.

(16)  The French version of section 147 of the Act is repealed and the following substituted:

Fourniture de services juridiques

147.  Sous réserve des règlements pris en application du paragraphe 150 (1), le commissaire à l’intégrité peut prendre des arrangements en vue de la fourniture de services juridiques à un fonctionnaire ou à une autre personne qui participe à une enquête ou autre instance prévue par la présente partie, et il peut payer ces services.

Public Service Pension Act

11.  (1)  Section 1 of the Public Service Pension Act is repealed and the following substituted:

Definitions

1.  (1)  In this Act,

“Board”, “Crown”, “employer”, “Fund”, “member”, “pension”, “pension benefit” and “Plan” have the same meaning as in section 1 of Schedule 1. (“Commission”, “Couronne”, “employeur”, “Caisse”, “participant”, “pension”, “prestation de retraite”, “Régime”)

Same

(2)  In this Act,

“Schedule 1” means Schedule 1 to the Public Service Pension Act, 1989, being chapter 73, as amended from time to time.

(2)  Subsection 6 (4) of the Act is repealed.

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

Supplemental pension plans

6.0.1  (1)  The Lieutenant Governor in Council by order may establish or continue separate supplemental pension plans for any classes of members of the Plan.

Legislation Act, 2006, Part III

(2)  Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to an order under subsection (1).

(4)  Subsection 7 (2) of the Act is repealed.

(5)  Sections 8, 9, 10 and 11 of the Act are repealed.

(6)  Subsections 15 (1), (2) and (3) of the Act are repealed.

(7)  Subsection 15 (4) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Information and Privacy Commissioner

(4)  The following rules apply for the purpose of determining the Information and Privacy Commissioner’s entitlements under the Plan relating to his or her service in that capacity before June 8, 1995:

. . . . .

Registry Act

12.  (1)  Subsection 27 (4) of the Registry Act is amended by striking out “any instrument in relation thereto required by the Condominium Act” and substituting “any instrument in relation to it required by the Condominium Act, 1998 or a predecessor of that Act”.

(2)  Subsection 27 (5) of the Act is amended by striking out “the Condominium Act, or a predecessor thereof” at the end and substituting “the Condominium Act, 1998 or a predecessor of that subsection”.

(3)  Subsection 27 (7) of the Act is repealed and the following substituted:

Definitions

(7)  In this section,

“common elements”, “declarant”, “declaration”, “description”, “property” and “unit” have the same meaning as in the Condominium Act, 1998. (“parties communes”, “déclarant”, “déclaration”, “description”, “propriété”, “partie privative”)

(4)  Subsection 50 (4) of the Act is amended by striking out “the Certification of Titles Act or”.

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

Certificate of title

71.1  A certificate of title that is registered in accordance with the Certification of Titles Act, as that Act read immediately before subsection 2 (1) of Schedule 17 to the Good Government Act, 2009 came into force, is conclusive as of the day, hour and minute stated in the certificate that the title of the person named as owner of the land described in the certificate was absolute and indefeasible as regards the Crown and all persons whomsoever, subject only to the exceptions, limitations, qualifications, reservations, conditions, covenants, restrictions, charges, mortgages, liens and other encumbrances mentioned in the certificate.

(6)  Clause 78 (10) (a) of the Act is repealed and the following substituted:

(a) the title of the owner of the land has been certified under the Certification of Titles Act, as that Act read immediately before subsection 2 (1) of Schedule 17 to the Good Government Act, 2009 came into force; or

(7)  Subsection 78 (10) of the Act is amended by striking out “or” at the end of clause (b) and by repealing clause (c).

(8)  Subsection 78 (11) of the Act is amended by striking out “the Condominium Act” and substituting “the Condominium Act, 1998”.

(9)  Section 93 of the Act is repealed and the following substituted:

Condominium declaration and description

93.  A declaration and description, as defined in the Condominium Act, 1998, shall not be registered under this Act unless a certificate of title under the Certification of Titles Act, as that Act read immediately before subsection 2 (1) of Schedule 17 to the Good Government Act, 2009 came into force, showing the person by whom the declaration and description are being registered as the owner in fee simple of the land has been registered.

(10)  Paragraph 7 of subsection 102 (1) of the Act is repealed and the following substituted:

7. governing surveys, plans and descriptions of land and procedures related to them for the purposes of the Boundaries Act, the Condominium Act, 1998, the Land Titles Act and this Act and specifying the powers and duties of the examiner of surveys;

(11)  Subsection 102 (1) of the Act is amended by adding the following paragraph:

10.1 governing the correction of errors in certificates of title;

(12)  Subsection 116 (5) of the Act is amended by adding “(17) and (18)” after “(13)”.

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

Certificates of title

116.1  (1)  If, as a result of the registration of a certificate of title under the Certification of Titles Act, as that Act read immediately before subsection 2 (1) of Schedule 17 to the Good Government Act, 2009 came into force, a person is wrongfully deprived of an interest in land, the person is entitled to recover what is just by way of compensation out of The Land Titles Assurance Fund, so far as it is sufficient for that purpose having reference to other charges on the land, if the application is made,

(a) within six years from the time of having been so deprived; or

(b) in the case of a person who is a minor or otherwise incapable of making an application as a result of his or her incapacity to manage property as defined in the Substitute Decisions Act, 1992, whether or not a guardian has been appointed, within six years from the date at which the incapacity ceased.

Exception

(2)  A person is not entitled to compensation from The Land Titles Assurance Fund in respect of an interest in land existing before the effective date of the certificate of title unless that interest is registered under this Act against the title to the land or notice of it was given to the Director of Titles before the certificate was registered.

Applications for compensation

(3)  Section 26, subsections 57 (6) to (13), (17) and (18), section 58 and subsection 162 (3) of the Land Titles Act apply with necessary modifications to claims for compensation under this section.

Errors in certificates of title

116.2  (1)  Upon becoming aware of a possible error in a certificate of title, the Director of Titles may give notice of the possible error by registering a notice in the form approved by the Director of Titles.

Contents of notice

(2)  The notice shall give notice of the possible error to all persons until the Director of Titles deletes it from the abstract index.

Amendment of certificates

(3)  Subject to the regulations, the Director of Titles, of his or her own initiative or on the application of any interested person, may, before receiving any conflicting instruments or after notifying all persons interested, correct errors and omissions in any certificate of title by issuing an amendment to the certificate of title if the Director of Titles receives the evidence that he or she considers sufficient.

Extent of amendment

(4)  In correcting a certificate of title, the Director of Titles shall correct it in the manner that the Director of Titles considers will do the least possible injury to any person affected by the correction.

Copies of decision

(5)  If the Director of Titles decides to make a correction under subsection (3) on the application of an interested person or after notifying the interested persons, the Director of Titles shall mail or deliver a copy of the decision to the applicant and the persons who received the notice.

Registration of amendment

(6)  The Director of Titles shall register an amendment to a certificate of title in the land registry office for the registry division in which the land affected by the certificate is situated.

Effect of registration

(7)  Upon registration under subsection (6), an amendment to a certificate of title takes effect in accordance with the terms set out in the amendment and is conclusive that every notice, publication, proceeding and act that ought to have been made, given or done has been made, given or done in accordance with this Act.

Claim against fund

(8)  A person injuriously affected by an amendment to a certificate of title is entitled to recover what is just by way of compensation out of The Land Titles Assurance Fund as if the person were one wrongfully deprived of an interest in land as a result of the registration of a certificate of title under the Certification of Titles Act, as that Act read immediately before subsection 2 (1) of Schedule 17 to the Good Government Act, 2009 came into force.

Vital Statistics Act

13.  (1)  Section 6 of the Vital Statistics Act is amended by adding the following subsection:

Delegation of powers and duties

(1.1)  The Deputy Registrar General may delegate to any person the powers and duties that the Deputy Registrar General has under this Act, whether they are set out in this Act or the regulations or delegated to him or her under this Act.

(2)  Subsection 52 (1) of the Act is amended by striking out “fraudulently or improperly obtained” and substituting “improperly made or caused to have been made”.

(3)  Subsection 60 (1) of the Act is amended by adding the following clauses:

(m.0.1) permitting the Registrar General to issue certificates that include the particulars listed in subsection 43 (1) and the additional particulars listed in the regulations;

(m.0.2) specifying which provisions of this Act and the regulations apply and do not apply to the certificates described in clause (m.0.1) and limiting the number of those certificates that the Registrar General is permitted to issue;

(4)  Section 60 of the Act is amended by adding the following subsection:

Rolling incorporation

(3)  A regulation made under clause (1) (v) that incorporates another document by reference may provide that the reference to the document includes amendments made to the document from time to time after the regulation is made.

Commencement

Commencement

14.  This Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

SCHEDULE 18
MINISTRY OF HEALTH AND LONG-TERM CARE

Ambulance Act

1.  (1)  Section 5 of the Ambulance Act is repealed.

(2)  Clause 6 (1) (a) of the Act is amended by striking out “on and after January 1, 1998 and” at the beginning.

(3)  Clause 6 (1) (b) of the Act is amended by striking out “on and after January 1, 2001” at the beginning.

(4)  Subsections 6 (6) and (7) of the Act are repealed.

(5)  Subsection 6 (8) of the Act is amended by striking out “subsection (7) or subsection 6.4 (5) or (8.4)” in the portion before clause (a).

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

Same, selection of operators

(9)  The selection of a person who will provide land ambulance services in an upper-tier municipality shall be made in accordance with section 6.1.

(7)  Subsection 6.1 (1) of the Act is amended by striking out “After the transition period” in the portion before paragraph 1.

(8)  The following provisions of the Act are repealed:

1. Sections 6.3, 6.4, 6.5 and 6.6.

2. Subsection 6.10 (5).

3. Subsections 8 (6), (7) and (8).

(9)  Section 21 of the Act is repealed and the following substituted:

Payment of co-payment by delivery agent

21.  If a person who is transported in an ambulance is receiving assistance under the Ontario Works Act, 1997 or is the dependant of a person receiving such assistance, the delivery agent designated under that Act is also liable for and shall pay that person’s share of the ambulance service operator’s fee as established under subsection 22.1 (2).

Charitable Institutions Act

2.  Clause (d) of the definition of “charitable institution” in section 1 of the Charitable Institutions Act is repealed.

Chronic Care Patients’ Television Act, 1994

3.  The Chronic Care Patients’ Television Act, 1994 is repealed.

City of Toronto Act, 2006

4.  Paragraph 4 of section 268 of the City of Toronto Act, 2006 is repealed and the following substituted:

4. Every hospital referred to in the list of hospitals and their grades and classifications maintained by the Minister of Health and Long-Term Care under the Public Hospitals Act and every private hospital operated under the authority of a licence issued under the Private Hospitals Act.

Community Psychiatric Hospitals Act

5.  (1)  The Community Psychiatric Hospitals Act is repealed.

(2)  Regulation 91 of the Revised Regulations of Ontario, 1990 (General) made under the Act is revoked.

(3)  Regulation 92 of the Revised Regulations of Ontario, 1990 (Grants) made under the Act is revoked.

Coroners Act

6.  Clause 10 (2) (f) of the Coroners Act is repealed.

Crown Foundations Act, 1996

7.  The definition of “hospital” in section 1 of the Crown Foundations Act, 1996 is amended by striking out “or a hospital established or approved as a community psychiatric hospital under the Community Psychiatric Hospitals Act” at the end.

Family Benefits Act

8.  Subclause 7 (1) (b) (i) of the Family Benefits Act is amended by striking out “an institution under the Mental Hospitals Act”.

Fluoridation Act

9.  (1)  Subsection 6 (1) of the Fluoridation Act is amended by striking out “Arbitrations Act” at the end and substituting “Arbitration Act, 1991”.

(2)  Subsection 6 (2) of the Act is amended by striking out “Arbitrations Act” at the end and substituting “Arbitration Act, 1991”.

Health Care Consent Act, 1996

10.  (1)  The definition of “hospital” in subsection 2 (1) of the Health Care Consent Act, 1996 is repealed and the following substituted:

“hospital” means a private hospital as defined in the Private Hospitals Act or a hospital as defined in the Public Hospitals Act; (“hôpital”)

(2)  Subsection 75 (4) of the Act is amended by striking out “within two business days” in the portion before clause (a) and substituting “within four business days”.

(3)  Subsection 81 (1) of the Act is amended by striking out “a treatment, admission to a care facility or a personal assistance service” in the portion before clause (a) and substituting “a treatment, managing property, admission to a care facility or a personal assistance service”.

(4)  Clause 81 (1) (a) of the Act is amended by striking out “the Public Guardian and Trustee or the Children’s Lawyer” and substituting “Legal Aid Ontario”.

(5)  Section 81 of the Act is amended by adding the following subsection:

Same

(2.1)  Nothing in subsection (2) affects any right of the person to an assessment of a solicitor’s bill under the Solicitors Act or other review of the legal fees and, if it is determined that the person is incapable of managing property, the assessment or other review may be sought on behalf of the person by,

(a) the person’s guardian of property appointed under the Substitute Decisions Act, 1992; or

(b) the person’s attorney under a continuing power of attorney for property given under the Substitute Decisions Act, 1992.

Health Insurance Act

11.  (1)  The definition of “payment correction list” in section 1 of the Health Insurance Act is repealed and the following substituted:

“payment correction list” means the list of circumstances described in subsection 18 (2) for which payments are subject to correction; (“liste de rectification au titre des paiements”)

(2)  Clauses 2 (2) (c), (d) and (e) of the Act are repealed.

(3)  Clause 5 (3) (c) of the Act is repealed and the following substituted:

(c) publish, maintain and amend the payment correction list on the internet at a website that is accessible to physicians; and

(4)  Subsection 5 (7) of the Act is repealed.

(5)  Subsection 5 (9) of the Act is repealed.

(6)  Clause 5.4 (5) (d) of the Act is repealed.

(7)  Paragraph 2 of subsection 6 (1) of the Act is repealed.

(8)  Subsection 6 (3.1) of the Act is repealed.

(9)  Clause 45 (1) (c.1) of the Act is amended by striking out “paragraphs 1 to 5 of subsection 6 (1)” at the end and substituting “paragraphs 1, 3, 4 and 5 of subsection 6 (1)”.

(10)  The definition of “hospital” in subsection 46 (1) of the Act is repealed and the following substituted:

“hospital” means a psychiatric facility under the Mental Health Act.

Health Protection and Promotion Act

12.  (1)  The French version of clause (a) of the definition of “occupier” in subsection 1 (1) of the Health Protection and Promotion Act is amended by striking out “possession physique” and substituting “possession matérielle”.

(2)  Clause (j) of the definition of “institution” in subsection 21 (1) of the Act is repealed.

(3)  Subsection 29 (1) of the Act is repealed and the following substituted:

Report by operator

(1)  The operator of a laboratory shall report to the medical officer of health of the health unit in which the person from whom the specimen was taken resides each case of a positive laboratory finding in respect of a reportable disease, as soon as possible after the making of the finding.

(4)  Subsection 57 (1) of the Act is repealed.

(5)  Section 58.1 of the Act is repealed.

(6)  Section 77.6 of the Act is repealed and the following substituted:

Order to provide information

77.6  (1)  Subject to subsections (2) and (3), if the Chief Medical Officer of Health is of the opinion, based on reasonable and probable grounds, that there exists an immediate and serious risk to the health of persons anywhere in Ontario, he or she may issue an order directing any health information custodian indicated in the order to supply the Chief Medical Officer of Health or his or her delegate with any information provided for in the order, including personal health information.

Restriction

(2)  The Chief Medical Officer of Health may only make an order under subsection (1) if he or she is of the opinion, based on reasonable and probable grounds, that the information is necessary to investigate, eliminate or reduce the immediate and serious risk to the health of any persons, and the information supplied must be no more than is reasonably necessary to prevent, eliminate or reduce the risk to the health of persons anywhere in Ontario.

Further restriction

(3)  The Chief Medical Officer of Health may use or disclose the information provided to him or her under subsection (1) only for the purpose of investigating, eliminating or reducing the risk to the health of persons anywhere in Ontario and for no other purpose.

Restriction on recipient

(4)  Any person to whom the Chief Medical Officer of Health discloses the information pursuant to subsection (3) may use or disclose that information only for the purpose of investigating, eliminating or reducing the risk to the health of persons anywhere in Ontario and for no other purpose.

Prevail over other provisions

(5)  Subsections (3) and (4) prevail despite anything in,

(a) the Freedom of Information and Protection of Privacy Act;

(b) the Municipal Freedom of Information and Protection of Privacy Act; and

(c) the Personal Health Information Protection Act, 2004.

Comply with order

(6)  A health information custodian that is served with an order under subsection (1) shall comply with the order within the time and in the manner provided for in the order.

Definitions

(7)  In this section,

“health information custodian” means a health information custodian within the meaning of the Personal Health Information Protection Act, 2004; (“dépositaire de renseignements sur la santé”)

“personal health information” means personal health information within the meaning of the Personal Health Information Protection Act, 2004. (“renseignements personnels sur la santé”)

(7)  Paragraph 4 of the definition of “health care provider or health care entity” in subsection 77.7 (6) of the Act is amended by striking out “an institution within the meaning of the Mental Hospitals Act”.

(8)  Section 77.8 of the Act is repealed and the following substituted:

May collect specimens, etc.

77.8  (1)  Subject to subsection (2), if the Chief Medical Officer of Health is of the opinion, based on reasonable and probable grounds, that there exists an immediate and serious risk to the health of persons anywhere in Ontario, he or she may, as he or she considers reasonably necessary for the purpose of investigating, eliminating or reducing the risk to the health of persons anywhere in Ontario,

(a) collect previously collected specimens and information respecting the analysis of previously collected specimens; and

(b) order any person to provide previously collected specimens or information respecting the analysis of previously collected specimens to the Chief Medical Officer of Health.

Restriction

(2)  The Chief Medical Officer of Health may use, provide or disclose the previously collected specimens or information only for the purpose of investigating, eliminating or reducing the risk to the health of persons anywhere in Ontario and for no other purpose.

Restriction on recipient

(3)  Any person to whom the Chief Medical Officer of Health discloses or provides previously collected specimens, or information respecting the analysis of previously collected specimens may use, provide or disclose them only for the purpose of investigating, eliminating or reducing the risk to the health of persons anywhere in Ontario and for no other purpose.

Prevail over other provisions

(4)  This section prevails despite anything in,

(a) the Freedom of Information and Protection of Privacy Act;

(b) the Municipal Freedom of Information and Protection of Privacy Act; and

(c) the Personal Health Information Protection Act, 2004.

Comply with order

(5)  A person that is served with an order under clause (1) (b) shall comply with the order within the time and in the manner provided for in the order.

Restriction re individuals

(6)  Nothing in this section permits the Chief Medical Officer of Health to compel an individual to provide a bodily sample or submit to tests without the individual’s consent.

Personal information

(7)  For the purposes of this section, the Chief Medical Officer of Health has the power to collect, use, retain and disclose personal information, including personal health information.

Definitions

(8)  In this section,

“personal health information” means personal health information within the meaning of the Personal Health Information Protection Act, 2004; (“renseignements personnels sur la santé”)

“personal information” means personal information within the meaning of the Freedom of Information and Protection of Privacy Act; (“renseignements personnels”)

“specimens” includes specimens from any person, animal or plant, living or deceased or from any other thing. (“échantillons”)

(9)  Paragraph 2 of subsection 86.4 (2) of the Act is amended by striking out “section 86” and substituting “section 77.1”.

(10)  Section 91.1 of the Act is repealed.

(11)  Subsection 95 (1) of the Act is amended by striking out “the Associate” and substituting “an Associate”.

(12)  Subsection 106 (2) of the Act is repealed and the following substituted:

When service deemed made

(2)  A notice, order or other document shall be deemed to be given, served or delivered,

(a) seven days after the day of mailing if sent by ordinary mail in accordance with subsection (1); or

(b) on the earlier of seven days after the day the order was given and the day it should reasonably have come to the attention of the members of a class under the notice requirements in subsection 22 (5.0.2) or (5.0.3).

When notice, order or other document not received

(3)  Subsection (2) does not apply if a person or a member of a class of persons establishes that he or she, acting in good faith, did not receive the notice, order or other document until a later date through absence, accident, illness or other cause beyond the person’s control.

(13)  Section 109 of the Act is repealed.

Independent Health Facilities Act

13.  (1)  The definition of “assessor” in subsection 1 (1) of the Independent Health Facilities Act is amended by striking out “or 29” at the end.

(2)  Subsections 14 (3) and (4) of the Act are repealed.

(3)  Clause 18 (1) (l) of the Act is amended by striking out “make a report or statement to the Director” and substituting “notify the Director”.

(4)  Subsection 27 (3) of the Act is repealed and the following substituted:

Appointment upon notice

(3)  If the Director considers it necessary or advisable that assessments be carried out of the quality and standards of services provided in an independent health facility operated by a person licensed under this Act, the Director may give notice in writing to the chief administrative officer of the governing, registering or licensing body of a health profession.

(5)  Section 29 of the Act is repealed.

Local Health System Integration Act, 2006

14.  Subparagraph 2 i of the definition of “health service provider” in subsection 2 (2) of the Local Health System Integration Act, 2006 is repealed.

Long-Term Care Homes Act, 2007

15.  (1)  The definition of “Appeal Board” in subsection 2 (1) of the Long-Term Care Homes Act, 2007 is amended by striking out “Ministry of Health Appeal and Review Boards Act, 1998” and substituting “Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998”.

(2)  Subclause 95 (2) (a) (ii) of the Act is repealed.

Mental Hospitals Act

16.  (1)  The Mental Hospitals Act is repealed.

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

(3)  Regulation 744 of the Revised Regulations of Ontario, 1990 (General) made under the Act is revoked.

Ministry of Health Appeal and Review Boards Act, 1998

17.  (1)  The short title of the Ministry of Health Appeal and Review Boards Act, 1998 is repealed and the following substituted:

Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998

(2)  The provisions referred to in the Table to this subsection are amended by striking out “Ministry of Health Appeal and Review Boards Act, 1998” wherever it appears and substituting in each case “Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998”.

TABLE /TABLEAU

Act
Loi

Provision
Disposition

Ambulance Act/Loi sur les ambulances

1 (1), definition of “Board”/définition de «Commission»

Charitable Institutions Act/Loi sur les établissements de bienfaisance

1, definition of “Appeal Board”/définition de «Commission d’appel»

Commitment to the Future of Medicare Act, 2004/Loi de 2004 sur l’engagement d’assurer l’avenir de l’assurance-santé

8, definition of “Board”/définition de «Commission»

Healing Arts Radiation Protection Act/Loi sur la protection contre les rayons X

1 (1), definition of “Appeal Board”/définition de «Commission d’appel»

Health Facilities Special Orders Act/Loi sur les arrêtés extraordinaires relatifs aux établissements de santé

1, definition of “Board”/définition de «Commission»

Health Insurance Act/Loi sur l’assurance-santé

1, definition of “Appeal Board”/définition de «Commission d’appel»

 

18.0.3, definition of “Transitional Physician Audit Panel”/définition de «comité provisoire de vérification des honoraires de médecins»

Health Protection and Promotion Act/Loi sur la protection et la promotion de la santé

1 (1), definition of “Board”/définition de «Commission»

Homes for the Aged and Rest Homes Act/Loi sur les foyers pour personnes âgées et les maisons de repos

1, definition of “Appeal Board”/définition de «Commission d’appel»

Immunization of School Pupils Act/Loi sur l’immunisation des élèves

1, definition of “Board”/définition de «Commission»

Independent Health Facilities Act/Loi sur les établissements de santé autonomes

1 (1), definition of “Board”/définition de «Commission»

Laboratory and Specimen Collection Centre Licensing Act/Loi autorisant des laboratoires médicaux et des centres de prélèvement

5, definition of “Review Board”/définition de «Commission de révision»

Long-Term Care Act, 1994/Loi de 1994 sur les soins de longue durée

2 (1), definition of “Appeal Board”/définition de «Commission d’appel»

Nursing Homes Act/Loi sur les maisons de soins infirmiers

1 (1), definition of “Appeal Board”/définition de «Commission d’appel»

Private Hospitals Act/Loi sur les hôpitaux privés

1, definition of “Board”/définition de «Commission»

Public Hospitals Act/Loi sur les hôpitaux publics

1, definition of “Appeal Board”/définition de «Commission d’appel»

Regulated Health Professions Act, 1991/Loi de 1991 sur les professions de la santé réglementées

1 (1), definition of “Board”/définition de «Commission»

 

1 (1) of Schedule 2, definition of “Board”/définition de «Commission» à l’annexe 2

Veterinarians Act/Loi sur les vétérinaires

1 (1), definition of “Board”/définition de «Commission»

Municipal Health Services Act

18.  The Municipal Health Services Act is repealed.

Nursing Homes Act

19.  Clause (d) of the definition of “nursing home” in subsection 1 (1) of the Nursing Homes Act is repealed.

Ontario Agency for Health Protection and Promotion Act, 2007

20.  The French version of subsection 25 (2) of the Ontario Agency for Health Protection and Promotion Act, 2007 is amended by striking out “transfert hors caisse” and substituting “transfert hors trésorerie” and by striking out “frais hors caisse” and substituting “frais hors trésorerie”.

Ontario Energy Board Act, 1998

21.  (1)  Clause (d) of the definition of “designated consumer” in section 56 of the Ontario Energy Board Act, 1998 is amended by striking out “an institution as defined in the Mental Hospitals Act”.

(2)  Clause (d) of the definition of “designated consumer” in section 56 of the Act, as it will read on the day section 222 of the Long-Term Care Homes Act, 2007 comes into force, is amended by striking out “an institution as defined in the Mental Hospitals Act”.

Ontario Medical Association Dues Act, 1991

22.  Section 9 of the Ontario Medical Association Dues Act, 1991 is repealed.

Ontario Mental Health Foundation Act

23.  (1)  Subsection 27 (2) of the Ontario Mental Health Foundation Act is repealed.

(2)  Subsection 27 (3) of the Act is amended by striking out “subsections (1) and (2)” and substituting “subsection (1)”.

Pay Equity Act

24.  Clause 1 (d) of the Schedule to the Pay Equity Act is repealed and the following substituted:

(d) every hospital referred to in the list of hospitals and their grades and classifications maintained by the Minister of Health and Long-Term Care under the Public Hospitals Act and every private hospital operated under the authority of a licence issued under the Private Hospitals Act;

Personal Health Information Protection Act, 2004

25.  (1)  Subparagraph 4 i of the definition of “health information custodian” in subsection 3 (1) of the Personal Health Information Protection Act, 2004 is amended by striking out “an institution within the meaning of the Mental Hospitals Act”.

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

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

Mixed records

(3)  Personal health information includes identifying information that is not personal health information described in subsection (1) but that is contained in a record that contains personal health information described in that subsection.

(4)  Subsection 39 (1) of the Act is amended by striking out “or” at the end of clause (b), by adding “or” at the end of clause (c) and by adding the following clause:

(d) where,

(i) the disclosure is to another custodian described in paragraph 1, 2, 3 or 4 of the definition of “health information custodian” in subsection 3 (1),

(ii) the individual to whom the information relates is one to whom both the disclosing custodian and recipient custodian provide health care or assist in the provision of health care or have previously provided health care or assisted in the provision of health care, and

(iii) the disclosure is for the purpose of activities to improve or maintain the quality of care provided by the receiving custodian to the individual to whom the information relates or individuals provided with similar health care.

(5)  Subclause 52 (1) (e) (iii) of the Act is amended by striking out “name” and substituting “identity”.

(6)  The French version of clause 56 (2) (a) of the Act is amended by striking out “a été porté à l’attention du plaignant ou après qu’il aurait dû raisonnablement l’être” and substituting “a été porté pour la première fois à l’attention du plaignant ou après qu’il aurait dû raisonnablement être porté à son attention”.

Public Hospitals Act

26.  Sections 19, 22 and 23 of the Public Hospitals Act are repealed.

Public Sector Salary Disclosure Act, 1996

27.  Clause (f) of the definition of “public sector” in subsection 2 (1) of the Public Sector Salary Disclosure Act, 1996 is repealed and the following substituted:

(f) every hospital referred to in the list of hospitals and their grades and classifications maintained by the Minister of Health and Long-Term Care under the Public Hospitals Act and every private hospital operated under the authority of a licence issued under the Private Hospitals Act,

Quality of Care Information Protection Act, 2004

28.  (1)  The definition of “health facility” in section 1 of the Quality of Care Information Protection Act, 2004 is amended by striking out “an institution within the meaning of the Mental Hospitals Act”.

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

Quality of care information continued

2.1  Quality of care information collected by or for a quality of care committee while it is constituted and operating in accordance with this Act shall continue to be treated as quality of care information after,

(a) the quality of care committee by or for which the information was collected is no longer in operation; or

(b) the health facility or entity that established, appointed or approved the quality of care committee is no longer eligible to establish, appoint or approve a quality of care committee.

Regulated Health Professions Act, 1991

29.  (1)  Subsection 22.12 (3) of Schedule 2 (Health Professions Procedural Code) to the Regulated Health Professions Act, 1991 is amended by striking out “this Code” in the portion before clause (a) and substituting “subsection (1)”.

(2)  Subsection 22.12 (4) of Schedule 2 to the Act is amended by striking out “this Act” and substituting “subsection (1)”.

Residential Tenancies Act, 2006

30.  (1)  Clause 5 (e) of the Residential Tenancies Act, 2006 is amended by striking out “the Community Psychiatric Hospitals Act, the Mental Hospitals Act”.

(2)  Clause 5 (e) of the Act, as it will read on the day section 226 of the Long-Term Care Homes Act, 2007 comes into force, is amended by striking out “the Community Psychiatric Hospitals Act, the Mental Hospitals Act”.

(3)  Clause 5 (e) of the Act, as it will read on the day subsection 58 (1) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force, is amended by striking out “the Community Psychiatric Hospitals Act, the Mental Hospitals Act” in the portion before subclause (i).

(4)  Clause 5 (e) of the Act, as it will read on the day subsection 58 (3) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force, is amended by striking out “the Community Psychiatric Hospitals Act, the Mental Hospitals Act”.

(5)  Clause 5 (e) of the Act, as it will read on the day subsection 58 (2) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force, is amended by striking out “the Community Psychiatric Hospitals Act, the Mental Hospitals Act” in the portion before subclause (i).

(6)  Clause 5 (e) of the Act, as it will read on the day subsection 58 (4) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 comes into force, is amended by striking out “the Community Psychiatric Hospitals Act, the Mental Hospitals Act”.

Smoke-Free Ontario Act

31.  Paragraph 3 of subsection 4 (2) of the Smoke-Free Ontario Act is repealed and the following substituted:

3. A psychiatric facility as defined in the Mental Health Act.

Social Contract Act, 1993

32.  (1)  Clause 1 (e) of the Schedule to the Social Contract Act, 1993 is repealed and the following substituted:

(e) every hospital listed in the Schedule to the Classification of Hospitals Regulation made under the Public Hospitals Act and every private hospital operated under the authority of a licence issued under the Private Hospitals Act;

(2)  The Act is amended by striking out the heading “Ministry of Health” in the Appendix to the Schedule to the Act and substituting “Ministry of Health and Long-Term Care”.

Substitute Decisions Act, 1992

33.  (1)  The Schedule to the Substitute Decisions Act, 1992 is amended by striking out “Community Psychiatric Hospitals Act”.

(2)  The Schedule to the Act is amended by striking out “Mental Hospitals Act”.

University Health Network Act, 1997

34.  (1)  The definition of “amalgamating corporations” in section 1 of the University Health Network Act, 1997 is repealed.

(2)  Subsection 4 (2) of the Act is repealed.

(3)  Clause 5 (1) (a) of the Act is repealed and the following substituted:

(a) such persons for such terms as are provided for in the by-laws of the corporation; and

(4)  Subsection 5 (2) of the Act is repealed.

(5)  Subsection 8 (1) of the Act is amended by striking out “financial contributors” and substituting “members”.

(6)  Section 9 of the Act is repealed.

(7)  Section 13 of the Act is amended by striking out “called to elect trustees, based on financial contributions or other criteria” at the end.

(8)  Section 14 of the Act is repealed.

Commencement

Commencement

35.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

Same

(2)  Section 15 comes into force on the later of the day section 1 of the Long-Term Care Homes Act, 2007 comes into force and the day the Good Government Act, 2009 receives Royal Assent.

SCHEDULE 19
MINISTRY OF HEALTH PROMOTION

Smoke-Free Ontario Act

1.  Subsection 3.1 (3) of the Smoke-Free Ontario Act is amended by striking out “in any place” in the portion before clause (a) and substituting “in or at any place”.

Commencement

2.  This Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

SCHEDULE 20
MINISTRY OF LABOUR

Employment Standards Act, 2000

1.  (1)  Section 65 of the Employment Standards Act, 2000 is amended by adding the following subsection:

Exception

(2.1)  Despite subsection (2), when an employee in receipt of an actuarially unreduced pension benefit has his or her employment severed by an employer on or after November 6, 2009, time spent in the employer’s employ for which the employee received service credits in the calculation of that benefit shall not be included in determining whether he or she is eligible for severance pay under subsection 64 (1) and in calculating his or her severance pay under subsection (1).

(2)  Section 74.11 of the Act is amended by adding the following paragraphs:

4.1 On and after November 6, 2009, subsection 58 (1) does not apply to a temporary help agency in respect of its assignment employees.

4.2 On and after November 6, 2009, a temporary help agency shall give notice of termination to its assignment employees in accordance with paragraph 4.3 rather than in accordance with section 57 if,

i. 50 or more assignment employees of the agency who were assigned to perform work for the same client of the agency at the same establishment of that client were terminated in the same four-week period, and

ii. the terminations resulted from the term of assignments ending or from the assignments being ended by the agency or by the client.

4.3 In the circumstances described in paragraph 4.2, notice of termination shall be given for the prescribed period or, if no applicable periods are prescribed,

i. at least eight weeks before termination, if the number of assignment employees whose employment is terminated is 50 or more but fewer than 200,

ii. at least 12 weeks before termination, if the number of assignment employees whose employment is terminated is 200 or more but fewer than 500, or

iii. at least 16 weeks before termination, if the number of assignment employees whose employment is terminated is 500 or more.

(3)  Paragraph 5 of section 74.11 of the Act is amended by striking out “each of its assignment employees” and substituting “each employee to whom it is required to give notice in accordance with paragraph 4.3”.

(4)  Paragraph 7 of section 74.11 of the Act is amended by striking out “section 57 or 58” in the portion before subparagraph i and substituting “section 57 or paragraph 4.3 of this section”.

(5)  Paragraph 8 of section 74.11 of the Act is amended by striking out “section 57 or 58” at the end and substituting “section 57 or paragraph 4.3 of this section”.

(6)  Section 74.11 of the Act is amended by adding the following paragraphs:

9.1 For purposes of the application of clause 63 (1) (e) to an assignment employee, the reference to section 58 in that clause shall be read as a reference to paragraph 4.3 of this section.

. . . . .

12.1 For purposes of the application of subsection 65 (4) to an assignment employee, the reference to section 58 in that subsection shall be read as a reference to paragraph 4.3 of this section.

(7)  Part XVIII.1 of the Act is amended by adding the following section:

Transition

74.11.1  A temporary help agency that fails to meet the notice requirements of paragraph 4.3 of section 74.11 during the period beginning on November 6, 2009 and ending on the day before the Good Government Act, 2009 receives Royal Assent has the obligations that the agency would have had if the failure had occurred on or after the day the Good Government Act, 2009 receives Royal Assent.

Labour Relations Act, 1995

2.  (1)  The definition of “Director of Labour Management Services” in subsection 1 (1) of the Labour Relations Act, 1995 is repealed and the following substituted:

“Director of Dispute Resolution Services” means the Director of Dispute Resolution Services in the Ministry of Labour or, if there ceases to be a public servant with that title, the public servant or servants who are assigned the duties formerly carried out by the Director of Dispute Resolution Services. (“directeur des Services de règlement des différends”)

(2)  Subsection 119 (2) of the Act is amended by striking out “Director of Labour Management Services” at the end and substituting “Director of Dispute Resolution Services”.

(3)  Subsection 119 (3) of the Act is amended by striking out “Director of Labour Management Services” at the end and substituting “Director of Dispute Resolution Services”.

(4)  Subsection 119 (4) of the Act is amended by striking out “Director of Labour Management Services” at the end and substituting “Director of Dispute Resolution Services”.

(5)  Subsection 119 (5) of the Act is amended by striking out “Director of Labour Management Services” at the end and substituting “Director of Dispute Resolution Services”.

(6)  Subsection 119 (6) of the Act is amended by striking out “Director of Labour Management Services” and substituting “Director of Dispute Resolution Services”.

(7)  Paragraph 4 of subsection 120 (1) of the Act is repealed and the following substituted:

4. The Director of Dispute Resolution Services.

(8)  Paragraph 6 of subsection 120 (1) of the Act is amended by striking out “Director of Labour Management Services” and substituting “Director of Dispute Resolution Services”.

(9)  Paragraph 1 of subsection 120 (2) of the Act is repealed and the following substituted:

1. The Director of Dispute Resolution Services.

(10)  Subsection 150.5 (1) of the Act is amended by striking out “Director of Labour Management Services” and substituting “Director of Dispute Resolution Services”.

(11)  Subsection 150.5 (3) of the Act is amended by striking out “Director of Labour Management Services” and substituting “Director of Dispute Resolution Services”.

(12)  The French version of subsection 162 (2) of the Act is amended by striking out “un organisme patronal, un groupe d’organismes patronaux” and substituting “une association patronale, un groupe d’associations patronales”.

(13)  The French version of subsection 165 (4) of the Act is repealed and the following substituted:

Certificat de conformité

(4)  Dans les cinq jours qui suivent la tenue du vote, l’organisme négociateur syndical, l’agent négociateur affilié, l’association patronale ou l’organisme négociateur patronal qui procède au vote, selon le cas, dépose auprès du ministre une déclaration rédigée selon la formule prescrite qui certifie le résultat du vote et qui atteste qu’il a pris les mesures raisonnables afin de se conformer au paragraphe (1) ou (2), selon le cas, et au paragraphe (3).

Occupational Health and Safety Act

3.  (1)  The definition of “trade union” in subsection 1 (1) of the Occupational Health and Safety Act is amended by striking out “Labour Relations Act” and substituting “Labour Relations Act, 1995”.

(2)  Section 55 of the Act is amended by striking out “Subject to subsection 9 (26)” at the beginning and substituting “Subject to subsections 8 (6) and 9 (26)”.

Workplace Safety and Insurance Act, 1997

4.  (1)  Subsection 60 (4) of the Workplace Safety and Insurance Act, 1997 is amended by striking out “Public Guardian and Trustee” at the end and substituting “Accountant of the Superior Court of Justice”.

(2)  Subsection 180 (1) of the Act is amended by striking out “furnished to or received by them” in the portion before paragraph 1 and substituting “furnished to or obtained, made or received by them”.

Repeals and Revocation

5.  (1)  The following are repealed:

1. Back to School Act, 1998.

2. Back to School Act (Hamilton-Wentworth District School Board), 2000.

3. Back to School Act (Simcoe Muskoka Catholic District School Board), 2002.

4. Back to School Act (Toronto and Windsor), 2001.

5. Back to School (Toronto Catholic Elementary) and Education and Provincial Schools Negotiations Amendment Act, 2003.

6. City of Toronto Labour Disputes Resolution Act, 2002.

7. Sections 3, 7, 8 and 9 of the Fairness for Parents and Employees Act (Teachers’ Withdrawal of Services), 1997.

(2)  Ontario Regulation 13/98 (Application Deadline), made under the Fairness for Parents and Employees Act (Teachers’ Withdrawal of Services), 1997, is revoked.

Commencement

Commencement

6.  This Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

SCHEDULE 21
MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING

CONTENTS

 

Sections

Assessment Act

Building Code Act, 1992

Building Code Statute Law Amendment Act, 2002

City of Toronto Act, 2006

Limitations Act, 2002

Municipal Act, 2001

Municipal Conflict of Interest Act

Municipal Elections Act, 1996

Municipal Extra-Territorial Tax Act

Planning Act

Residential Tenancies Act, 2006

Stronger City of Toronto for a Stronger Ontario Act, 2006

Commencement

1

2

3

4

5

6

7

8

9

10

11

12

13

______________

Assessment Act

1.  Subsections 2 (3.2) and (3.3.1) of the Assessment Act are repealed.

Building Code Act, 1992

2.  (1)  Section 2 of the Building Code Act, 1992 is amended by adding the following subsections:

Acting director

(3)  The director may designate in writing a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry of Municipal Affairs and Housing to exercise the powers and perform the duties of the director in his or her absence or if he or she is unable to act.

Delegation

(4)  The director may delegate in writing any of his or her powers or duties to one or more public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry of Municipal Affairs and Housing, and may impose conditions or restrictions with respect to the delegation.

(2)  Subsection 8 (2.2) of the Act is repealed and the following substituted:

Decision

(2.2)  If an application for a permit meets the requirements prescribed by regulation, the chief building official shall, unless the circumstances prescribed by regulation apply, decide within the period prescribed by regulation whether to issue the permit or to refuse to issue it.

(3)  Section 8 of the Act is amended by adding the following subsection:

Disclosure of prescribed information

(8.1)  The chief building official shall, within the period and in the manner prescribed by regulation, give to the corporation designated under section 2 of the Ontario New Home Warranties Plan Act the information prescribed by regulation relating to permits issued under this section and the applications for those permits.

(4)  Section 9 of the Act is repealed.

(5)  Paragraph 3.4 of subsection 34 (1) of the Act is repealed and the following substituted:

3.4 prescribing requirements and circumstances for the purposes of subsection 8 (2.2) and prescribing the period within which the chief building official is required to make a decision under subsection 8 (2.2) and the manner of determining when the period begins;

3.4.1 prescribing the period within which the chief building official is required to inform an applicant under subsection 8 (2.3) and the manner of determining when the period begins;

(6)  Subsection 34 (1) of the Act is amended by adding the following paragraph:

4.1 prescribing the information that a chief building official is required to give under subsection 8 (8.1) and prescribing the period within which and the manner in which the chief building official shall give the information;

(7)  Paragraph 6 of subsection 34 (1) of the Act is repealed.

(8)  Clause 36 (1) (c) of the Act is repealed and the following substituted:

(c) contravenes this Act, the regulations or a by-law passed under section 7.

(9)  Subsection 36 (8) of the Act is repealed and the following substituted:

Limitation period

(8)  No proceeding under this section shall be commenced more than one year after the facts on which the proceeding is based first came to the knowledge of,

(a) an officer, where the proceeding is in respect of the enforcement of by-laws passed under section 15.1; or

(b) the chief building official, in any other case.

Same

(8.1)  Subsection (8), as it read immediately before the day subsection 2 (9) of Schedule 21 to the Good Government Act, 2009 comes into force, continues to apply where the subject-matter of the proceeding arose more than one year before that day.

Building Code Statute Law Amendment Act, 2002

3.  Subsection 51 (3) of the Building Code Statute Law Amendment Act, 2002 is repealed.

City of Toronto Act, 2006

4.  (1)  Section 45 of the City of Toronto Act, 2006 is amended by adding the following subsections:

Power to pass by-laws not affected

(2)  Subsection (1) does not limit or prohibit the passing of a by-law under Part X (Power to Impose Taxes); however, such a by-law cannot prohibit or regulate the driving of a vehicle on a highway and, for greater certainty, it cannot establish a requirement that must be met before a vehicle can be driven on a highway.

Same

(3)  A by-law under Part X (Power to Impose Taxes) is deemed not to contravene subsection (2) by reason only of the Province taking any action on behalf of the City with respect to the administration, enforcement or collection of the tax imposed by the by-law.

(2)  Subsection 102 (3) of the Act is amended by striking out “the by-law under this section” at the end and substituting “a by-law to which this section applies”.

(3)  Subsection 102 (4) of the Act is amended by striking out “a by-law made under this section” and substituting “a by-law to which this section applies”.

(4)  Clause 104 (3) (c.1) of the Act is amended by striking out “subsection 114 (10)” and substituting “subsection 114 (11)”.

(5)  Subsection 108 (1) of the Act is amended by adding “or of alternative roof surfaces that achieve similar levels of performance to green roofs” after “the construction of green roofs”.

(6)  Section 128 of the Act is amended by adding the following subsection:

Notice to assessment corporation

(10)  When a by-law described in this section is passed, the clerk of the City shall notify the assessment corporation,

(a) before January 1 in the year of the first regular election after the by-law is passed, if clause (8) (a) applies;

(b) before January 1 in the year of the second regular election after the by-law is passed, if clause (8) (b) applies.

(7)  Subsection 148 (2) of the Act is repealed and the following substituted:

Duties of corporations, etc.

(2)  A corporation established by the City and a secondary corporation and the directors and officers of the corporation shall comply with such requirements as may be prescribed.

(8)  Section 148 of the Act is amended by adding the following subsections:

Definition

(4)  For the purposes of this section and section 154,

“secondary corporation” means a corporation established by a corporation that was established under subsection (1) and a corporation deemed under the regulations to be a secondary corporation.

Regulations

(5)  The Lieutenant Governor in Council may make regulations providing that specified corporations are deemed to be secondary corporations.

(9)  Subsection 154 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Regulations re corporations

(1)  For the purposes of section 148, the Lieutenant Governor in Council may make regulations governing the powers of the City referred to in that section and governing corporations established under subsection 148 (1) and secondary corporations, including regulations,

. . . . .

(10)  Subsection 171 (1) of the Act is amended by adding “in an independent manner” after “investigate”.

(11)  Section 178 of the Act is amended by adding the following subsection:

Independence

(1.1)  The Auditor General shall perform his or her responsibilities under this Part in an independent manner.

(12)  Paragraph 6 of subsection 212 (1) of the Act is repealed.

(13)  Section 270 of the Act is amended by adding the following subsections:

Enforcement by court

(3)  If any tax, penalty or interest imposed pursuant to a by-law under this Part remains unpaid after it is due, the City may bring an action for the recovery of those amounts in any court in which a debt or money demand of a similar amount may be collected.

Limitation period

(4)  An action under subsection (3) shall not be commenced against any person after the fourth anniversary of the day on which those amounts first became due and payable to the City unless, within that four-year period, the City makes a written demand for payment of those amounts by the person, in which case the action may be commenced at any time before the sixth anniversary of the day on which those amounts first became due and payable to the City.

(14)  Subsection 275 (4) of the Act is repealed and the following substituted:

By-law authority

(4)  The City shall pass a by-law in each year to establish the tax ratios for that year for the City.

(15)  Clause 275 (17) (a) of the Act is repealed.

(16)  Subsection 276 (4) of the Act is amended by striking out “on or before April 30 of the year, or such later date as the Minister of Finance may specify by regulation” and substituting “in the year”.

(17)  Subsection 276 (5) of the Act is repealed.

(18)  Subsection 279 (1) of the Act is amended by striking out “on or before April 30 of the year” in the portion before clause (a) and substituting “in the year”.

(19)  Subsection 279 (6) of the Act is repealed.

(20)  Subsection 292 (2) of the Act is repealed and the following substituted:

Time limit for passing by-law

(2)  A by-law under subsection (1) must be passed in the year to which the by-law applies.

(21)  Subsections 292 (4) and (5) of the Act are repealed and the following substituted:

Regulations

(4)  The Minister of Finance may make regulations prescribing, for the purposes of sub-subparagraph 2 i A of subsection (1), adjustments to be made in determining the amount of taxes for municipal and school purposes that would have been levied in the previous year on a property but for the application of this Part and prescribing the circumstances in which those adjustments are to be made.

(22)  Paragraph 7 of subsection 329 (3) of the Act is repealed and the following substituted:

7. An application for a taxation year must be made after January 1 of the year and no later than the last day of February of the following year. However, the City may accept applications after that deadline if, in the opinion of the City, extenuating circumstances justify the applicant being unable to make the application by the deadline.

(23)  Subsection 330 (1) of the Act is amended by striking out “on or before April 30 of the year” and substituting “in the year”.

(24)  Subsection 330 (5) of the Act is repealed and the following substituted:

Regulations

(5)  The Minister of Finance may make regulations governing by-laws under subsection (1) and the reductions provided under those by-laws.

(25)  Subsection 350 (6) of the Act is repealed and the following substituted:

Statement

(6)  At the time of registering a tax deed or notice of vesting, the treasurer shall make and register a statement in accordance with the prescribed rules.

(26)  Subsection 351 (2) of the Act is repealed and the following substituted:

Payment into court

(2)  The treasurer shall pay the proceeds of sale, minus the cancellation price, into the Superior Court of Justice together with a statement in the prescribed form outlining the facts under which the payment into court is made.

(27)  Section 351 of the Act is amended by adding the following subsection:

Same

(6.1)  If, after the entitlements of all applicants under subsection (4) to receive payment out of court have been determined, there remains any amount paid into court from the proceeds of sale, the remaining amount is deemed to be forfeited,

(a) to the Public Guardian and Trustee in the circumstances described in clause (6) (a);

(b) to the City in any other case.

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

Automatic forfeiture

351.0.1  Despite section 351, if the proceeds of a sale under section 350, minus the cancellation price, are $250 or less, the proceeds are deemed to be forfeited to the City.

(29)  Subsection 385 (1) of the Act is amended by striking out “under this or any other Act” and substituting “under this Act”.

(30)  Subsection 399 (1) of the Act is repealed and the following substituted:

Property tax exemption, passenger transportation system

(1)  So long as any lands and easements owned by the City or by the TTC are used by the TTC in connection with a passenger transportation system, including lands and easements used for car yards, shops, administration or communications in connection with the system, those lands and easements and any buildings and structures on them are exempt from real property taxation, and the TTC is not liable for payments under section 27 of the Assessment Act.

(31)  Subsection 409 (2) of the Act is repealed.

(32)  Subsection 419 (2) of the Act is amended by striking out “subsection 14 (2) of the Interpretation Act” and substituting “subsections 52 (1) to (5) of the Legislation Act, 2006”.

(33)  Subsection 419 (3) of the Act is amended by striking out “section 15 of the Interpretation Act” and substituting “subsection 52 (6) and section 59 of the Legislation Act, 2006 ”.

Limitations Act, 2002

5.  The Schedule to the Limitations Act, 2002 is amended by striking out,

 

City of Toronto Act, 2006

subsections 214 (4), 250 (2) and 351 (4)

and substituting:

 

City of Toronto Act, 2006

subsections 214 (4), 250 (2), 270 (4) and 351 (4)

Municipal Act, 2001

6.  (1)  Subsection 133 (4) of the Municipal Act, 2001 is amended by striking out “a by-law under this section” at the end and substituting “a by-law to which this section applies”.

(2)  Subsection 133 (5) of the Act is amended by striking out “a by-law made under this section” and substituting “a by-law to which this section applies”.

(3)  Subsection 180 (3) of the Act is amended by striking out “as set out in the Territorial Division Act” and substituting “as set out in the regulations under the Territorial Division Act, 2002”.

(4)  Subsection 182 (1) of the Act is amended by striking out “as set out in the Territorial Division Act” at the end and substituting “as set out in the regulations under the Territorial Division Act, 2002”.

(5)  Subsection 183 (3) of the Act is amended by striking out “as set out in the Territorial Division Act” and substituting “as set out in the regulations under the Territorial Division Act, 2002”.

(6)  The Act is amended by adding the following section before the heading “Change of Name”:

Revocation of restructuring orders

186.1  (1)  Every order described in subsection (2) whose effective date is earlier than January 2, 2005 and that remains in force on the day before the day on which the Good Government Act, 2009 receives Royal Assent is revoked.

Same

(2)  Subsection (1) applies to,

(a) orders of the Minister made under subsection 173 (4) or (5) or under a predecessor of one of those subsections; and

(b) orders of a commission made under subsection 175 (1) or a predecessor of that subsection.

Exception, provisions with continuing effect

(3)  Despite subsection (1), if a provision of an order that is revoked by that subsection still has effect on the day before the day on which the Good Government Act, 2009 receives Royal Assent, the provision is not revoked and continues to apply.

Application of Legislation Act, 2006, ss. 51, 53, 56 and 57

(4)  When an order is revoked by subsection (1), sections 51, 53, 56 and 57 of the Legislation Act, 2006 apply as if the order were a revoked regulation.

(7)  Subsection 203 (2) of the Act is repealed and the following substituted:

Duties of corporations, etc.

(2)  A corporation established by a municipality and a secondary corporation and the directors and officers of the corporation shall comply with such requirements as may be prescribed.

(8)  Section 203 of the Act is amended by adding the following subsections:

Definition

(3.1)  For the purposes of this section,

“secondary corporation” means a corporation established by a corporation that was established under subsection (1) and a corporation deemed under the regulations to be a secondary corporation.

Regulations

(3.2)  The Lieutenant Governor in Council may make regulations providing that specified corporations are deemed to be secondary corporations.

(9)  Subsection 203 (4) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Regulations re corporations

(4)  The Lieutenant Governor in Council may make regulations governing the powers of a municipality under this section and governing corporations established under subsection (1) and secondary corporations, including regulations,

. . . . .

(10)  Section 222 of the Act is amended by adding the following subsection:

Notice to assessment corporation

(9.1)  When a by-law described in this section is passed, the clerk of the municipality shall notify the assessment corporation,

(a) before January 1 in the year of the first regular election after the by-law is passed, if clause (8) (a) applies;

(b) before January 1 in the year of the second regular election after the by-law is passed, if clause (8) (b) applies.

(11)  Section 223.19 of the Act is amended by adding the following subsection:

Same

(1.1)  The Auditor General shall perform his or her responsibilities under this Part in an independent manner.

(12)  Subsections 308 (4) and (5) of the Act are repealed and the following substituted:

Single-tier municipalities

(4)  A single-tier municipality shall pass a by-law in each year to establish the tax ratios for that year for the municipality.

Tiered municipalities

(5)  An upper-tier municipality shall pass a by-law in each year to establish the tax ratios for that year for the upper-tier municipality and its lower-tier municipalities.

(13)  Clause 308 (19) (a) of the Act is repealed.

(14)  Subsection 308.1 (4) of the Act is amended by striking out “on or before April 30 of the year, or such later date as the Minister of Finance may specify by regulation” and substituting “in the year”.

(15)  Subsection 308.1 (5) of the Act is amended by striking out “on or before April 30 of the year, or such later date as the Minister of Finance may specify by regulation” and substituting “in the year”.

(16)  Subsection 308.1 (6) of the Act is repealed.

(17)  Section 310 of the Act is amended by adding the following subsection:

Conflict

(2.1)  In the event of a conflict between a by-law under subsection (1) and this Act, other than this section, the by-law prevails.

(18)  Section 310 of the Act is amended by adding the following subsection:

Notice of by-law

(3.1)  An upper-tier municipality that passes a by-law for a year under subsection (1) shall give a copy of the by-law and a copy of the resolutions under subsection (3) consenting to the by-law to the Minister by March 15 of the year.

(19)  Subsection 310 (4) of the Act is repealed and the following substituted:

Designation by regulation

(4)  A by-law under subsection (1) establishing tax ratios for a year does not come into force unless, as of April 1 of the year, a regulation is in force designating the upper-tier municipality for the purposes of this section.

(20)  Subsection 310 (7) of the Act is repealed and the following substituted:

When tax ratios must be established

(7)  If a lower-tier municipality has been delegated the authority to pass a by-law establishing the tax ratios for a year, the lower-tier municipality shall pass a by-law to do so in the year.

(21)  Subsection 310 (11) of the Act is amended by striking out “subsections (1), (3), (4), (5) and (7)” and substituting “subsections (1), (3), (4) and (5)”.

(22)  Subsection 311 (2) of the Act is amended by striking out “on or before April 30”.

(23)  Subsection 311 (4) of the Act is amended by striking out “on or before April 30”.

(24)  Subsection 311 (21) of the Act is repealed.

(25)  Subsection 314 (1) of the Act is amended by striking out “on or before April 30 of the year” and substituting “in the year”.

(26)  Subsection 314 (7) of the Act is repealed.

(27)  Subsection 329.1 (2) of the Act is repealed and the following substituted:

Time limit for passing by-law

(2)  A by-law under subsection (1) must be passed in the year to which the by-law applies.

(28)  Subsection 329.1 (4) of the Act is repealed and the following substituted:

Regulations

(4)  The Minister of Finance may make regulations prescribing, for the purposes of sub-subparagraph 2 i A of subsection (1), adjustments to be made in determining the amount of taxes for municipal and school purposes that would have been levied in the previous year on a property but for the application of this Part and prescribing the circumstances in which those adjustments are to be made.

(29)  Subsection 329.1 (5) of the Act is repealed.

(30)  Paragraph 7 of subsection 361 (3) of the Act is repealed and the following substituted:

7. An application for a taxation year must be made after January 1 of the year and no later than the last day of February of the following year. However, the municipality may accept applications after that deadline if, in the opinion of the municipality, extenuating circumstances justify the applicant being unable to make the application by the deadline.

(31)  Subsection 362 (1) of the Act is amended by striking out “on or before April 30 of the year” and substituting “in the year”.

(32)  Subsection 362 (6) of the Act is repealed and the following substituted:

Regulations

(6)  The Minister of Finance may make regulations governing by-laws under subsection (1) and the reductions provided under those by-laws.

(33)  The French version of subsection 374 (2) of the Act is amended by striking out “est le propriétaire” and substituting “semble être le propriétaire”.

(34)  Subsection 379 (6) of the Act is repealed and the following substituted:

Statement

(6)  At the time of registering a tax deed or notice of vesting, the treasurer shall make and register a statement in accordance with the prescribed rules.

(35)  Subsection 380 (2) of the Act is repealed and the following substituted:

Payment into court

(2)  The treasurer shall pay the proceeds of sale, minus the cancellation price, into the Superior Court of Justice together with a statement in the prescribed form outlining the facts under which the payment into court is made.

(36)  Section 380 of the Act is amended by adding the following subsection:

Same

(6.1)  If, after the entitlements of all applicants under subsection (4) to receive payment out of court have been determined, there remains any amount paid into court from the proceeds of sale, the remaining amount is deemed to be forfeited,

(a) to the Public Guardian and Trustee in the circumstances described in clause (6) (a);

(b) to the municipality in any other case.

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

Automatic forfeiture

380.0.1  Despite section 380, if the proceeds of a sale under section 379, minus the cancellation price, are $250 or less, the proceeds are deemed to be forfeited to the municipality.

(38)  Subsection 445 (1) of the Act is amended by striking out “under this or any other Act” and substituting “under this Act”.

Municipal Conflict of Interest Act

7.  The French version of subsection 14 (4) of the Municipal Conflict of Interest Act is amended by striking out “d’un échange municipal réciproque” and substituting “d’une bourse municipale d’assurance réciproque”.

Municipal Elections Act, 1996

8.  (1)  The definition of “fund-raising function” in subsection 1 (1) of the Municipal Elections Act, 1996 is repealed and the following substituted:

“fund-raising function” means an event or activity held by or on behalf of a candidate for the purpose of raising funds for his or her election campaign; (“activité de financement”)

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

Interpretation: presiding judge

(1.1)  A reference in this Act to a presiding judge means a judge or a justice of the peace.

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

Exception, students

(2.1)  Despite paragraph 1 of subsection (2), a person may have residences in two local municipalities at the same time if,

(a) the person lives in one of the local municipalities in order to attend an educational institution, but not with the intention of changing his or her permanent lodging place; and

(b) the person’s permanent lodging place is in the other local municipality.

(4)  Section 5 of the Act is amended by striking out “second Monday in November” and substituting “fourth Monday in October”.

(5)  Subsection 8 (5.1) of the Act is amended by striking out “September 1” in the portion before clause (a) and substituting “June 1”.

(6)  Subsection 8 (5.2) of the Act is amended by striking out “September 1” and substituting “June 1”.

(7)  Subsection 11 (2) of the Act is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (c) and by adding the following clause:

(d) in a regular election, preparing and submitting the report described in subsection 12.1 (2).

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

Electors and candidates with disabilities

12.1  (1)  A clerk who is responsible for conducting an election shall have regard to the needs of electors and candidates with disabilities.

Report

(2)  Within 90 days after voting day in a regular election, the clerk shall submit a report to council about the identification, removal and prevention of barriers that affect electors and candidates with disabilities.

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

Preliminary list

(1)  In the year of a regular election, the Municipal Property Assessment Corporation shall prepare a preliminary list for each local municipality and deliver it to the clerk.

Deadline

(1.1)  The preliminary list must be delivered to the clerk no later than the following date:

1. The date agreed upon by the clerk and the Municipal Property Assessment Corporation, which must be a date earlier than September 1.

2. If no date is agreed upon, the date prescribed by the Minister.

3. If no date is agreed upon or prescribed, July 31.

Same

(1.2)  For the purposes of subsection (1.1), the Minister may prescribe a date even though July 31 has already passed.

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

Data

(3)  The preliminary list may be based on data from any source, including,

(a) the most recent enumeration under the Assessment Act; and

(b) information from the records in the office of the Registrar General regarding the registration of births, deaths and changes of name made under the Vital Statistics Act and the Change of Name Act.

Authority

(3.1)  If the Registrar General and the Municipal Property Assessment Corporation enter into an agreement governing the disclosure of the information described in clause (3) (b) by the Registrar General to the Corporation and governing the collection, use and disclosure of the information by the Corporation,

(a) the Registrar General is authorized to disclose the information to the Corporation for the purpose of complying with the agreement; and

(b) the Corporation is authorized to collect, use and disclose the information in accordance with the agreement.

Same

(3.2)  The agreement between the Registrar General and the Municipal Property Assessment Corporation must contain the terms and conditions that the Registrar General considers appropriate with respect to,

(a) the use that the Corporation may make of the information;

(b) the protection of the information, including the retention and destruction of the information; and

(c) measures to verify that the Corporation complies with the agreement.

Same

(3.3)  The agreement may provide for the payment of fees.

Same

(3.4)  Any disclosure of personal information that is authorized under this section is deemed to comply with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act and clause 32 (e) of the Municipal Freedom of Information and Protection of Privacy Act.

(11)  Section 22 of the Act is amended by adding the following subsections:

Same

(2)  For the purposes of subsection (1), the clerk may use any information that is in the local municipality’s custody or control.

Same

(3)  Information in the local municipality’s custody or control that is used by the clerk for the purposes of subsection (1) is deemed to have been collected for the purpose of correcting errors in the preliminary list.

(12)  Subsection 23 (3) of the Act is amended by striking out “and” at the end of clause (c), by adding “and” at the end of clause (d) and by adding the following clause:

(e) an individual, corporation or trade union that is registered under section 39.1.

(13)  Subsection 30 (7) of the Act is amended by striking out “Fire Departments Act” at the end and substituting “Fire Protection and Prevention Act, 1997”.

(14)  Section 31 of the Act is amended by striking out “Friday, the 45th day before voting day” and substituting “the second Friday in September in the year of the election”.

(15)  Clause 33 (4) (b) of the Act is amended by striking out “between 9 a.m. and 5 p.m.” and substituting “between 9 a.m. and 2 p.m.”

(16)  Subsection 33 (5) of the Act is amended by striking out “between 9 a.m. and 5 p.m.” and substituting “between 9 a.m. and 2 p.m.”

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

Certificate of permitted amount of expenses, as of filing of nomination

33.0.1  (1)  Upon the filing of a person’s nomination, the clerk shall calculate the applicable maximum amount of the person’s expenses for the purposes of subsection 76 (4), as of the filing date, using the number of electors referred to in clause 76 (6) (a), and shall give the person, or the agent filing the nomination for the person, a certificate of the applicable maximum amount as of the filing date.

Calculation final

(2)  The clerk’s calculation is final.

(18)  Section 36 of the Act is repealed and following substituted:

Withdrawal of nominations

36.  A person may withdraw his or her nomination by filing a written withdrawal in the clerk’s office,

(a) before 2 p.m. on nomination day, if the person was nominated under subsection 33 (4);

(b) before 2 p.m. on the Wednesday following nomination day, if the person was nominated under subsection 33 (5).

(19)  Subsection 37 (1) of the Act is amended by striking out “If, at 5 p.m. on the Monday following nomination day” at the beginning and substituting “If, at 4 p.m. on the Monday following nomination day”.

(20)  Subsection 37 (2) of the Act is amended by striking out “if, at 5 p.m. on the Thursday following nomination day” and substituting “if, at 4 p.m. on the Thursday following nomination day”.

(21)  Section 39 of the Act is repealed and the following substituted:

Death or ineligibility of candidate

39.  If a certified candidate for an office, before the close of voting on voting day, dies or becomes ineligible to hold the office,

(a) if no candidate would be elected by acclamation as a result of the death or ineligibility,

(i) the election shall proceed as if the candidate had not been nominated, and

(ii) the clerk shall omit the candidate’s name from the ballots or, if they have already been printed, shall cause notice of the candidate’s death or ineligibility to be posted in every voting place;

(b) if another candidate would be elected by acclamation as a result of the death or ineligibility, the election is void and a by-election shall be held to fill the office.

(22)  Subsections 42 (2), (3) and (4) of the Act are repealed and the following substituted:

Application of by-law

(2)  A by-law passed under subsection (1) or under a predecessor of it,

(a) applies to a regular election if the by-law is passed on or before June 1 in the year of the election; and

(b) applies to a by-election if the by-law is passed more than 60 days before voting day.

Procedures and forms

(3)  The clerk shall,

(a) establish procedures and forms for the use of,

(i) any voting and vote-counting equipment authorized by by-law, and

(ii) any alternative voting method authorized by by-law; and

(b) provide a copy of the procedures and forms to each candidate.

Same

(4)  The following rules apply with respect to the clerk’s duties under subsection (3):

1. The clerk shall comply with subsection (3),

i. in the case of a regular election, on or before June 1, and

ii. in the case of a by-election, at least 60 days before the first day on which an elector can vote.

2. The procedures and forms, if they are consistent with the principles of this Act, prevail over anything in this Act and the regulations made under it.

3. Without limiting the generality of clause (3) (a), procedures for the use of vote-counting equipment may provide that,

i. at the time when and in the place where the votes are being counted, there shall be no more than one scrutineer for each certified candidate for each piece of vote-counting equipment, and

ii. at a recount, the persons referred to in subsection 61 (5) are not entitled to examine each ballot as the votes are being counted by the clerk.

(23)  Subsection 45 (2) of the Act is repealed and the following substituted:

Accessibility

(2)  In establishing the locations of voting places, the clerk shall ensure that each voting place is accessible to electors with disabilities.

(24)  Paragraph 1 of subsection 52 (1) of the Act is repealed and the following substituted:

1. Subject to paragraph 3, the deputy returning officer shall give the person a ballot only if,

i. the deputy returning officer is satisfied that the person is entitled to vote at the voting place, and

ii. the person presents the prescribed proof of identity and residence or completes an application in the prescribed form, including a statutory declaration that he or she is the elector shown on the voters’ list.

(25)  Subparagraph 1 v of subsection 65 (4) of the Act is repealed and the following substituted:

v. a candidate for the office dies or becomes ineligible to hold the office under the circumstances described in clause 39 (b), or

(26)  Paragraph 2 of subsection 65 (4) of the Act is amended by striking out “and ends at 5 p.m. on nomination day” at the end and substituting “and ends at 2 p.m. on nomination day”.

(27)  Paragraph 2.1 of subsection 65 (4) of the Act is amended by striking out “as a result of the death of a candidate” and substituting “as a result of the death or ineligibility of a candidate”.

(28)  Subsection 67 (2) of the Act is amended by adding the following paragraphs:

8.1 Expenses relating to a compliance audit.

8.2 Expenses that are incurred by a candidate with a disability, are directly related to the disability, and would not have been incurred but for the election to which the expenses relate.

(29)  Section 67 of the Act is amended by adding the following subsection:

Same

(2.1)  For greater certainty, the cost of holding fund-raising functions under paragraph 5 of subsection (2) does not include costs related to,

(a) events or activities that are organized for such purposes as promoting public awareness of a candidate and at which the soliciting of contributions is incidental; or

(b) promotional materials in which the soliciting of contributions is incidental.

(30)  Subsection 67 (3) of the Act is amended,

(a) by striking out “paragraphs 7 and 8” and substituting “paragraphs 7, 8 and 8.1”; and

(b) by striking out “section 83 (controverted elections)” and substituting “section 81 (compliance audit) and section 83 (controverted elections)”.

(31)  Subparagraph 4 i of subsection 68 (1) of the Act is repealed and the following substituted:

i. the following June 30, in the case of a regular election,

i.1 the end of the six-month period following the 60th day after voting day, in the case of a by-election,

(32)  Paragraph 5 of subsection 68 (1) of the Act is amended by striking out “section 83 (controverted elections)” in the portion before subparagraph i and substituting “section 81 (compliance audit) or section 83 (controverted elections)”.

(33)  Paragraph 5 of subsection 68 (1) of the Act is amended by striking out “and” at the end of subparagraph iii, and by repealing subparagraph iv and substituting the following:

iv. the following June 30, in the case of a regular election, and

v. the end of the six-month period following the 60th day after voting day, in the case of a by-election.

(34)  Clause 69 (1) (k) of the Act is amended by striking out “section 78” at the end and substituting “sections 78 and 79.1”.

(35)  Section 71 of the Act is amended by adding the following subsection:

Multiple candidates

(2.1)  A contributor shall not make contributions exceeding a total of $5,000 to two or more candidates for office on the same council or local board.

(36)  Subsection 71 (3) of the Act is amended by striking out “Subsections (1) and (2) do not apply” at the beginning and substituting “Subsections (1), (2) and (2.1) do not apply”.

(37)  Section 76 of the Act is amended by adding the following subsection:

Prescribed formula

(4.1)  The prescribed formula must be written so that the amount calculated under it varies based on the number of electors entitled to vote for the office for which the candidate is nominated.

(38)  Subsection 76 (5) of the Act is amended by striking out “paragraphs 3 to 9” and substituting “paragraphs 3 and 5 to 8.2”.

(39)  Subsection 76 (6) of the Act is repealed and the following substituted:

Number of electors

(6)  For the purpose of subsection (4), the number of electors is the greater of,

(a) the number determined from the voters’ list from the previous election, as it existed on nomination day of the previous election, adjusted for applications under sections 24 and 25 that were approved as of that day; and

(b) the number determined from the voters’ list for the current election, as it exists on nomination day of the current election, adjusted for applications under sections 24 and 25 that are approved as of that day.

(40)  Section 77 of the Act is repealed and the following substituted:

Filing dates and reporting periods

77.  For the purposes of documents to be filed under section 78,

(a) the filing date is,

(i) in the case of a regular election, the last Friday in March following the election, and

(ii) in the case of a by-election, 60 days after voting day;

(b) the supplementary filing date is the last Friday in September; and

(c) the supplementary reporting period is,

(i) in the case of a regular election, the six-month period following the year of the election, and

(ii) in the case of a by-election, the six-month period following the 60th day after voting day.

(41)  Subsection 78 (1) of the Act is amended by striking out “5 p.m. on the filing date” in the portion before clause (a) and substituting “2 p.m. on the filing date”.

(42)  Subsection 78 (2) of the Act is amended by striking out “during all or part of a supplementary reporting period, he or she shall, on or before 5 p.m. on the corresponding supplementary filing date” and substituting “during all or part of the supplementary reporting period, he or she shall, before 2 p.m. on the supplementary filing date”.

(43)  Subsection 78 (6) of the Act is repealed and the following substituted:

Notice by clerk

(6)  At least 30 days before the filing date, the clerk shall give every candidate whose nomination was filed with him or her notice, by registered mail,

(a) of all the filing requirements of this section; and

(b) of the penalties set out in subsections 80 (2) and 92 (5).

Deemed time of receipt

(6.1)  The notice is deemed to have been received on the fifth day after mailing.

(44)  Sections 79, 80 and 81 of the Act are repealed and the following substituted:

Surplus and deficit

79.  (1)  A candidate has a surplus if the total credits exceed the total debits, and a deficit if the reverse is true.

Total credits

(2)  For the purposes of subsection (1), the total credits are the sum of,

(a) the candidate’s contributions under section 66;

(b) any amounts of $10 or less that were donated at fund-raising functions;

(c) interest earned on campaign accounts; and

(d) revenue from the sale of election materials.

Total debits

(3)  For the purposes of subsection (1), the total debits are the sum of,

(a) the candidate’s expenses under section 67; and

(b) any deficit from a previous election campaign of the candidate if that campaign,

(i) related to an office on the same council or local board as the present campaign, and

(ii) was in the previous regular election or a subsequent by-election.

Surplus paid to clerk

(4)  If the candidate’s financial statement or supplementary financial statement shows a surplus and the election campaign period has ended at the time the statement is filed, he or she shall, when the statement is filed, pay the surplus to the clerk with whom the candidate’s nomination was filed, reduced by the amount of any refund under subsection (6).

Surplus held in trust by clerk

(5)  The clerk shall hold the amount paid under subsection (4) in trust for the candidate.

Refund

(6)  If a candidate who has a surplus or his or her spouse has made contributions to the election campaign, the candidate may, after the election campaign period ends but before filing the financial statement or supplementary financial statement, as the case may be, refund to himself or herself or to the spouse, as the case may be, an amount that does not exceed the lesser of,

(a) the relevant contributions;

(b) the surplus.

Release of amount if campaign recommences

(7)  If the candidate’s election campaign period recommences under rule 5 of subsection 68 (1), the clerk shall pay the amount held in trust to the candidate, with interest.

Amount to become property of municipality or local board

(8)  The amount becomes the property of the municipality or local board, as the case may be, when all of the following conditions are satisfied:

1. The campaign period has ended under rule 1, 2, 3 or 4 of subsection 68 (1).

2. It is no longer possible to recommence the campaign period under rule 5 of subsection 68 (1).

3. No recount or proceeding under section 81 (compliance audit) or section 83 (controverted elections) has been commenced.

4. The period for commencing a recount or a proceeding under section 81 or 83 has expired.

Transition, 2010 regular election and earlier

(9)  Clause (2) (e) and subsections (8), (9) and (10), as they read immediately before the re-enactment of this section by subsection 8 (44) of Schedule 21 to the Good Government Act, 2009, continue to apply with respect to the 2010 regular election and with respect to any by-election that takes place before the 2010 regular election.

Return of surplus for subsequent expenses

79.1  (1)  This section applies if all of the following circumstances exist:

1. A candidate has paid a surplus to the clerk under subsection 79 (4).

2. The campaign period has ended under rule 2, 3 or 4 of subsection 68 (1).

3. It is no longer possible to recommence the campaign period under rule 5 of subsection 68 (1).

4. The candidate subsequently incurs expenses relating to a recount or a proceeding under section 81 (compliance audit) or section 83 (controverted elections).

Return of surplus

(2)  If the candidate notifies the clerk in writing that the candidate is incurring subsequent expenses relating to a recount or to a proceeding under section 81 or 83, the clerk shall return the amount of the surplus, with interest, to the candidate.

Effect of return of surplus

(3)  If the surplus is returned to the candidate, the candidate is permitted to incur expenses relating to a recount or to a proceeding under section 81 or 83 but no other expenses may be incurred by the candidate.

Reporting periods

(4)  The candidate’s first reporting period under this section begins on the day after the surplus is returned to the candidate and ends 90 days later, and each successive period of 90 days is a further reporting period.

Financial statements

(5)  For each reporting period, the candidate shall file with the clerk with whom the nomination was filed a financial statement in the prescribed form reflecting the candidate’s expenses for the reporting period, and the financial statement must be filed no later than 2 p.m. on the 10th day after the end of the reporting period.

Final financial statement

(6)  If, during a reporting period, the amount of surplus is reduced to zero or any remaining surplus is no longer required by the candidate for expenses relating to a recount or to a proceeding under section 81 or 83, the candidate shall file a final financial statement.

Repayment of remaining surplus

(7)  If the final financial statement indicates that there is any remaining surplus, the candidate shall pay the remaining surplus to the clerk when the financial statement is filed.

Remaining surplus held in trust by clerk

(8)  The clerk shall hold the amount of the remaining surplus in trust for the candidate.

Release of amount if another recount, etc.

(9)  If, after the candidate pays the remaining surplus to the clerk, another recount or proceeding under section 81 or 83 commences, subsections (2) to (8) apply, with necessary modifications, with respect to the subsequent recount or proceeding.

Amount to become property of municipality or local board

(10)  The amount of the remaining surplus becomes the property of the municipality or local board, as the case may be, when the recount or proceeding under section 81 or 83 is finally determined and the period for commencing any other recount or proceeding under section 81 or 83 has expired.

Additional penalties

80.  (1)  A candidate is subject to the penalties listed in subsection (2), in addition to any other penalty that may be imposed under this Act,

(a) if he or she fails to file a document as required under section 78 or 79.1 by the relevant date;

(b) if a document filed under section 78 shows on its face a surplus, as described in section 79, and the candidate fails to pay the amount required by subsection 79 (4) to the clerk by the relevant date;

(c) if a document filed under section 78 shows on its face that the candidate has incurred expenses exceeding what is permitted under section 76; or

(d) if a document filed under section 79.1 shows on its face a surplus and the candidate fails to pay the amount required by subsection 79.1 (7) by the relevant date.

Same

(2)  In the case of a default described in subsection (1),

(a) the candidate forfeits any office to which he or she was elected and the office is deemed to be vacant; and

(b) until the next regular election has taken place, the candidate is ineligible to be elected or appointed to any office to which this Act applies.

Notice of default

(3)  In the case of a default described in subsection (1), the clerk shall notify the candidate and the council or board in writing that the default has occurred.

Application to court

(4)  The candidate may, before the last day for filing a document under section 78 or 79.1, apply to the Ontario Court of Justice to extend the time for filing the document under that section and, if the court is satisfied there are mitigating circumstances justifying a later date for filing the document, the court may grant an extension for the minimum period of time necessary to enable the candidate to file the document but the court shall not grant an extension of more than 90 days.

Notice to clerk

(5)  If a candidate makes an application under subsection (4), the candidate shall notify the clerk in writing before 2 p.m. on the last day for filing a document under section 78 or 79.1 that the application has been made.

Effect of extension

(6)  If the court grants an extension under subsection (4), the penalties set out in subsection (2) apply only if the candidate has not filed the document before the end of the extension.

Compliance audit

Application

81.  (1)  An elector who is entitled to vote in an election and believes on reasonable grounds that a candidate has contravened a provision of this Act relating to election campaign finances may apply for a compliance audit of the candidate’s election campaign finances.

Requirements

(2)  An application for a compliance audit shall be made to the clerk of the municipality or the secretary of the local board for which the candidate was nominated for office; and it shall be in writing and shall set out the reasons for the elector’s belief.

Deadline

(3)  The application must be made within 90 days after the latest of,

(a) the filing date under section 78;

(b) the candidate’s supplementary filing date, if any, under section 78;

(c) the filing date for the final financial statement under section 79.1; or

(d) the date on which the candidate’s extension, if any, under subsection 80 (4) expires.

Application to be forwarded to committee

(4)  Within 10 days after receiving the application, the clerk of the municipality or the secretary of the local board, as the case may be, shall forward the application to the compliance audit committee established under section 81.1 and provide a copy of the application to the council or local board.

Decision

(5)  Within 30 days after receiving the application, the committee shall consider the application and decide whether it should be granted or rejected.

Appeal

(6)  The decision of the committee may be appealed to the Ontario Court of Justice within 15 days after the decision is made and the court may make any decision the committee could have made.

Appointment of auditor

(7)  If the committee decides under subsection (5) to grant the application, it shall appoint an auditor to conduct a compliance audit of the candidate’s election campaign finances.

Same

(8)  Only auditors licensed under the Public Accounting Act, 2004 or prescribed persons are eligible to be appointed under subsection (7).

Duty of auditor

(9)  The auditor shall promptly conduct an audit of the candidate’s election campaign finances to determine whether he or she has complied with the provisions of this Act relating to election campaign finances and shall prepare a report outlining any apparent contravention by the candidate.

Who receives report

(10)  The auditor shall submit the report to,

(a) the candidate;

(b) the council or local board, as the case may be;

(c) the clerk with whom the candidate filed his or her nomination;

(d) the secretary of the local board, if applicable; and

(e) the applicant.

Report to be forwarded to committee

(11)  Within 10 days after receiving the report, the clerk of the municipality or the secretary of the local board shall forward the report to the compliance audit committee.

Powers of auditor

(12)  For the purpose of the audit, the auditor,

(a) is entitled to have access, at all reasonable hours, to all relevant books, papers, documents or things of the candidate and of the municipality or local board; and

(b) has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to the audit as if it were an inquiry under that Act.

Costs

(13)  The municipality or local board shall pay the auditor’s costs of performing the audit.

Power of committee

(14)  The committee shall consider the report within 30 days after receiving it and may,

(a) if the report concludes that the candidate appears to have contravened a provision of this Act relating to election campaign finances, commence a legal proceeding against the candidate for the apparent contravention;

(b) if the report concludes that the candidate does not appear to have contravened a provision of this Act relating to election campaign finances, make a finding as to whether there were reasonable grounds for the application.

Recovery of costs

(15)  If the report indicates that there was no apparent contravention and the committee finds that there were no reasonable grounds for the application, the council or local board is entitled to recover the auditor’s costs from the applicant.

Immunity

(16)  No action or other proceeding for damages shall be instituted against an auditor appointed under subsection (7) for any act done in good faith in the execution or intended execution of the audit or for any alleged neglect or default in its execution in good faith.

Saving provision

(17)  This section does not prevent a person from laying a charge or taking any other legal action, at any time, with respect to an alleged contravention of a provision of this Act relating to election campaign finances.

Compliance audit committee

81.1  (1)  A council or local board shall, before October 1 of an election year, establish a committee for the purposes of section 81.

Composition

(2)  The committee shall be composed of not fewer than three and not more than seven members and shall not include,

(a) employees or officers of the municipality or local board;

(b) members of the council or local board; or

(c) any persons who are candidates in the election for which the committee is established.

Term of office

(3)  The term of office of the committee is the same as the term of office of the council or local board that takes office following the next regular election, and the term of office of the members of the committee is the same as the term of the committee to which they have been appointed.

Role of clerk or secretary

(4)  The clerk of the municipality or the secretary of the local board, as the case may be, shall establish administrative practices and procedures for the committee and shall carry out any other duties required under this Act to implement the committee’s decisions.

Costs

(5)  The council or local board, as the case may be, shall pay all costs in relation to the committee’s operation and activities.

(45)  Clause 81 (12) (b) of the Act is repealed and the following substituted:

(b) has the powers set out in section 34 of the Public Inquiries Act, 2009 and section 34 applies to the audit.

(46)  Subsection 82 (5) of the Act is repealed.

(47)  Subsection 82.1 (1) of the Act is repealed and the following substituted:

Application, registration under s. 39.1

(1)  Subject to subsection (2), the following provisions apply to an individual, corporation or trade union that is registered under section 39.1:

1. Section 66.

2. Subsection 67 (1), and subsection 67 (2), except paragraph 9.

3. Subsection 68 (1), except subparagraph 4 ii, and subsection 68 (2).

4. Sections 69 and 70.

5. Subsections 71 (1) and (3).

6. Sections 72 to 78.

7. Subsections 79 (1) and (2), subsection 79 (3), except clause (b), and subsections 79 (4) to (7).

8. Section 81.

9. Subsections 92 (1) to (4).

(48)  Clause 82.1 (2) (g) of the Act is repealed and the following substituted:

(g) subsection 79 (5) shall be read as follows:

(5) The surplus becomes the property of the municipality.

(49)  Subsection 88 (1) of the Act is amended by striking out “90 days” and substituting “120 days”.

(50)  Subsection 88 (2) of the Act is amended by striking out “90-day period” in the portion before clause (a) and substituting “120-day period”.

(51)  Subsection 88 (4) of the Act is amended by striking out “section 78 (financial statement and auditor’s report)” and substituting “sections 78 and 79.1”.

(52)  Subsection 88 (9) of the Act is repealed and the following substituted:

Grounds for order

(9)  The court presiding over a proceeding in respect of any matter relating to a provision of this Act may make an order under clause (3) (a) or subsection (6) if satisfied that the documents are or may be required for the proceeding.

(53)  Section 88 of the Act is amended by adding the following subsection:

Electronic version available to public

(9.1)  The clerk shall make the documents filed under sections 78 and 79.1 available at no charge for viewing by the public on a website on the Internet or in another electronic format as soon as possible after the documents are filed.

(54)  The heading before section 89 of the Act is repealed and the following substituted:

Offences, Penalties and Enforcement

(55)  Section 89 of the Act is amended by striking out “and liable, on conviction, to a fine of not more than $5,000” in the portion before clause (a).

(56)  Subsection 90 (1) of the Act is amended by striking out “and the person is liable, in addition to any other penalty, for imprisonment for a term of not more than six months” at the end.

(57)  Subsection 90 (2) of the Act is repealed and the following substituted:

Corrupt practices: bribery

(2)  An offence described in subsection (3) constitutes a corrupt practice and a person who commits it is, on conviction, disqualified from voting at an election until the next regular election has taken place after the election to which the offence relates, in addition to being liable to any other penalty provided for in this Act.

(58)  Subsection 90 (4) of the Act is amended by striking out “and liable, on conviction, to a fine of not more than $5,000, or to imprisonment for not more than six months, or to both” at the end.

(59)  Subsection 90 (5) of the Act is amended by striking out “and liable, on conviction, to a fine of not more than $5,000, or to imprisonment for not more than six months, or to both” at the end.

(60)  Subsection 90 (6) of the Act is amended by striking out “and liable, on conviction, to a fine of not more than $5,000, or to imprisonment for not more than six months, or to both” at the end.

(61)  Section 91 of the Act is repealed and the following substituted:

Corrupt practice and ineligibility for office

91.  (1)  If a person is convicted of a corrupt practice under this Act, or of an offence under the Criminal Code (Canada) in connection with an act or omission that relates to an election to which this Act applies, then, in addition to any other penalty provided for in this Act,

(a) any office to which the person was elected is forfeited and becomes vacant; and

(b) the person is ineligible to be nominated for, or elected or appointed to, any office until the next two regular elections have taken place after the election to which the offence relates.

Exception

(2)  However, if the presiding judge finds that the person committed the corrupt practice or offence under the Criminal Code (Canada) without any intent of causing or contributing to a false outcome of the election, clause (1) (b) does not apply.

(62)  Subsections 92 (1) and (2) of the Act are repealed.

(63)  Subsection 92 (3) of the Act is amended by striking out “in addition to the fine set out in subsection (2)” at the end and substituting “in addition to any other penalty provided for in the Act”.

(64)  Subsection 92 (4) of the Act is repealed.

(65)  Subsection 92 (5) of the Act is amended by striking out “paragraph 1 of subsection 80 (2)” in the portion before clause (a) and substituting “subsection 80 (2)”.

(66)  Clause 92 (5) (a) of the Act is amended by striking out “section 78” and substituting “section 78 or 79.1”.

(67)  Subsection 92 (6) of the Act is amended by striking out “paragraph 1 of subsection 80 (2)” and substituting “subsection 80 (2)”.

(68)  Section 94 of the Act is repealed and the following substituted:

General offence

94.  A person who contravenes any provision of this Act is guilty of an offence.

General penalty, individual

94.1  (1)  An individual who is convicted of an offence under this Act is liable to the following penalties in addition to any other penalty provided for in this Act:

1. For any offence, a fine of not more than $25,000.

2. For any offence other than a corrupt practice, the penalties described in subsection 80 (2).

3. For an offence under section 90, imprisonment for a term of not more than six months.

4. For any offence that the presiding judge finds that the individual committed knowingly, imprisonment for a term of not more than six months.

Same, corporation or trade union

(2)  A corporation or trade union that is convicted of an offence under this Act is liable to a fine of not more than $50,000 in addition to any other penalty provided for in this Act.

Limitation period

94.2  (1)  No prosecution for an offence under this Act in relation to a regular election shall be commenced after December 1 of the fourth year following the year in which the regular election was held.

Same

(2)  No prosecution for an offence under this Act in relation to a by-election shall be commenced after December 1 of the year of the next regular election after the by-election.

(69)  Subsection 95 (1) of the Act is amended by adding the following clause:

(c.1) prescribe documents or classes of documents for the purpose of paragraph 1 of subsection 52 (1);

Municipal Extra-Territorial Tax Act

9.  The French version of the definitions of “WFDB” and “WFDM” in subsection 3 (2) of the Municipal Extra-Territorial Tax Act is repealed and the following substituted:

«MED» représente la main-d’oeuvre de l’entreprise désignée;

«MMD» représente la main-d’oeuvre de la municipalité désignée.

Planning Act

10.  (1)  Clause 34 (9) (b) of the Planning Act is amended,

(a) by striking out “section 5 of the Building Code Act” and substituting “subsection 8 (1) of the Building Code Act, 1992”; and

(b) by striking out “section 6 of the Building Code Act” and substituting “subsection 8 (10) of that Act”.

(2)  Subsection 34 (12) of the Act is amended by striking out “subsection (11)” in the portion before clause (a) and substituting “subsection (11.0.2)”.

(3)  Subsection 34 (18) of the Act is amended by striking out “subsection (11)” and substituting “subsection (11.0.2)”.

(4)  Subsection 34 (25) of the Act is amended by striking out “subsections (11) and (24)” and substituting “subsections (11.0.2) and (24)”.

(5)  Subsection 34 (29) of the Act is amended by striking out “subsection (11)” and substituting “subsection (11.0.2)”.

(6)  Subsection 36 (4) of the Act is amended by striking out “Subsections 34 (11) to (25.1)” at the beginning and substituting “Subsections 34 (10.7) and (10.9) to (25.1)”.

(7)  Subsection 39.1 (1) of the Act is amended by striking out “Despite subsection 39 (2)” at the beginning.

(8)  Subsection 39.1 (3) of the Act is amended by adding at the beginning “Despite subsection 39 (2)”.

(9)  Subparagraph 2 (e) of subsection 41 (4) of the Act is amended by striking out “if an official plan and a by-law passed under subsection (2) are in effect” and substituting “if an official plan and a by-law passed under subsection (2) that both contain provisions relating to such matters are in effect”.

(10)  Subsection 42 (15) of the Act is amended by striking out “including the erection or repair of buildings” and substituting “including the erection, improvement or repair of buildings”.

(11)  Subsection 45 (1) of the Act is amended by striking out “by-law that is in effect” and substituting “by-law that is passed”.

(12)  Section 51 of the Act is amended by adding the following subsection:

Deemed approval authority

(3.1)  If the Minister has delegated any authority under this section to a council or planning board, in accordance with section 4, the council or planning board is deemed to be the approval authority in respect of the land to which the delegation applies for the purposes of this section and section 51.1.

(13)  Subsection 51 (11) of the Act is amended by striking out “subsection (4)” and substituting “subsection (3.1), (4)”.

(14)  Subsection 53 (26) of the Act is repealed and the following substituted:

No notice required

(26)  The council or the Minister, as the case may be, is not required to give written notice under subsection (24) if, in the council’s or the Minister’s opinion, the change to conditions is minor.

(15)  Subsection 57 (4) of the Act is amended by striking out “subsection (1)” and substituting “subsection (3)”.

Residential Tenancies Act, 2006

11.  (1)  Subsection 74 (11) of the Residential Tenancies Act, 2006 is amended by striking out “pays an amount to the Board” in the portion before paragraph 1 and substituting “pays an amount to the landlord or to the Board” and by striking out “previously paid to the landlord” in the portion before paragraph 1 and substituting “previously paid to the landlord or to the Board”.

(2)  Section 78 of the Act is amended by adding the following subsection:

Same

(12)  In an order under clause (11) (b), the Board may amend a settlement mediated under section 194 or an order made with respect to the previous application if it considers it appropriate to do so.

(3)  Section 108 of the Act is amended by striking out “a tenant” in the portion before clause (a) and substituting “a tenant or prospective tenant”.

(4)  The English version of clause 108 (b) of the Act is amended by striking out “the tenant’s account” and substituting “the tenant’s or prospective tenant’s account”.

(5)  Subsection 111 (2) of the Act is repealed and the following substituted:

Lawful rent where prompt payment discount

(2)  The lawful rent is not affected by a discount in rent at the beginning of, or during, a tenancy of up to 2 per cent of the rent that could otherwise be lawfully charged for a rental period if the discount is provided for paying rent on or before the date it is due and the discount meets the prescribed conditions.

Lawful rent where another discount

(2.1)  The lawful rent is not affected if one of the following discounts is provided:

1. A discount in rent at the beginning of, or during, a tenancy that consists of up to three months rent in any 12-month period if the discount is provided in the form of rent-free periods and meets the prescribed conditions.

2. A prescribed discount.

Lawful rent where both discounts provided

(2.2)  For greater certainty, the lawful rent is not affected if discounts described in subsections (2) and (2.1) are both provided.

(6)  Subsection 111 (3) of the Act is amended by striking out “Subject to subsection (2)” at the beginning and substituting “Subject to subsections (2) and (2.1)”.

(7)  Subsection 146 (2) of the Act is amended by striking out “52 and 64” and substituting “52 and 54”.

(8)  Subsection 224 (3) of the Act is amended by striking out “a complaint respecting a residential complex or a rental unit in it” and substituting “a complaint under this section”.

(9)  Clause 234 (y) of the Act is amended by striking out “or” at the end of subclause (i), by adding “or” at the end of subclause (ii) and by adding the following subclause:

(iii) orders a landlord not to breach an obligation under subsection 41 (2) or (3) again.

(10)  Paragraphs 14 and 15 of subsection 241 (1) of the Act are repealed and the following substituted:

14. prescribing conditions applicable to discounts referred to in subsection 111 (2) or paragraph 1 of subsection 111 (2.1);

15. prescribing discounts for the purpose of paragraph 2 of subsection 111 (2.1);

Stronger City of Toronto for a Stronger Ontario Act, 2006

12.  Subsection 3 (4) of Schedule B to the Stronger City of Toronto for a Stronger Ontario Act, 2006 is repealed.

Commencement

Commencement

13.  (1)  Subject to subsections (2) and (3), this Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

Same

(2)  The following provisions come into force on a day to be named by proclamation of the Lieutenant Governor:

1. Section 1 (amendments to the Assessment Act).

2. Subsections 2 (2) to (9) (amendments to the Building Code Act, 1992).

3. Section 3 (amendment to the Building Code Statute Law Amendment Act, 2002).

4. Subsections 4 (1) to (4) and (6) to (31) (amendments to the City of Toronto Act, 2006).

5. Section 5 (amendment to the Limitations Act, 2002).

6. Subsections 6 (1) to (5), (7) to (32) and (34) to (38) (amendments to the Municipal Act, 2001).

7. Section 8 (amendments to the Municipal Elections Act, 1996).

8. Subsections 10 (12) and (13) (amendments to the Planning Act).

9. Subsections 11 (5), (6) and (10) (amendments to the Residential Tenancies Act, 2006).

10. Section 12 (amendment to the Stronger City of Toronto for a Stronger Ontario Act, 2006).

Same

(3)  Subsection 10 (11) comes into force on January 1, 2010.

SCHEDULE 22
MINISTRY OF NATURAL RESOURCES

Crown Forest Sustainability Act, 1994

1.  (1)  Section 5 of the Crown Forest Sustainability Act, 1994 is repealed and the following substituted:

Non-application

5.  This Act does not apply to a Crown forest that is in a provincial park or a conservation reserve within the meaning of the Provincial Parks and Conservation Reserves Act, 2006.

(2)  Subsection 58 (3) of the Act is repealed and the following substituted:

Limitation period

(3)  The Minister shall not give notice under subsection (2) to a person with respect to an act or omission that, in the opinion of the Minister, renders the person liable to a penalty under subsection (1) after the earlier of,

(a) two years from the later of,

(i) the day on which the act or omission was committed or alleged to have been committed, and

(ii) the day on which evidence of the act or omission first came to the attention of an official of the Ministry; and

(b) five years from the day on which the act or omission was committed or alleged to have been committed.

(3)  Subsection 64 (3) of the Act is repealed and the following substituted:

Limitation period

(3)  No proceeding for an offence described in subsection (1) shall be commenced after the earlier of,

(a) two years from the later of,

(i) the day on which the offence was committed or alleged to have been committed, and

(ii) the day on which evidence of the offence first came to the attention of an official of the Ministry; and

(b) five years from the day on which the offence was committed or alleged to have been committed.

Fish and Wildlife Conservation Act, 1997

2.  (1)  Subsection 1 (1) of the Fish and Wildlife Conservation Act, 1997 is amended by adding the following definition:

“big game” means black bear, woodland caribou, white-tailed deer, American elk or moose; (“gros gibier”)

(2)  The definition of “buy or sell” in subsection 1 (1) of the Act is repealed and the following substituted:

“buy or sell” includes lease, barter or trade for consideration, offer to buy, sell, lease, barter or trade for consideration, or possess for the purpose of buying, selling, leasing, bartering or trading for consideration, and “buying or selling” has a corresponding meaning; (“acheter ou vendre”)

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

“commercial fish net” means a gill net, hoop net, pound net, seine net, trap net, trawl net, trammel net, roll net, hook line or any other net prescribed by the regulations; (“filet de pêche commerciale”)

“conveyance” means a vehicle, boat, or aircraft; (“moyen de transport”)

(4)  The definition of “farmed animal” in subsection 1 (1) of the Act is amended by striking out “elk, bison” and substituting “American elk”.

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

No hunting or trapping of certain species

(1)  A person shall not hunt or trap specially protected wildlife or any bird that belongs to a species that is wild by nature and is not a game bird.

(6)  Subsection 5 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Exceptions

(2)  Subsection (1) does not apply to,

. . . . .

(7)  Clause 6 (1) (a) of the Act is repealed and the following substituted:

(a) big game;

(8)  Clause 6 (2) (a) of the Act is amended by striking out “caribou or elk” and substituting “woodland caribou or American elk”.

(9)  Clause 6 (3) (b) of the Act is repealed and the following substituted:

(b) hunt or trap game mammals, other than big game;

(10)  Clauses 17 (1) (a), (b) and (c) of the Act are repealed and the following substituted:

(a) have a loaded firearm in or on a conveyance or discharge a firearm from a conveyance, except if,

(i) the conveyance is a boat that is not a motorboat, or

(ii) the conveyance is a motorboat and the person is hunting migratory birds in accordance with the regulations under the Migratory Birds Convention Act, 1994 (Canada);

(11)  Subsection 17 (3) of the Act is amended by striking out “clauses (1) (a) and (b)” and substituting “clause (1) (a)”.

(12)  Subsection 21 (1) of the Act is repealed and the following substituted:

No trapping of certain mammals

(1)  A person shall not kill, capture or injure big game by means of a trap, baited line or similar device.

(13)  Section 23 of the Act is repealed and the following substituted:

Big game while swimming

23.  A person shall not hunt big game while it is swimming.

(14)  Section 25 of the Act is repealed and the following substituted:

Hunting with dogs

25.  (1)  A person shall not use or be accompanied by a dog while hunting big game, except under the authority of a licence issued in respect of that dog.

Prescribed areas

(2)  Despite subsection (1), a person shall not use or be accompanied by a dog while hunting a species of big game in an area prescribed by the regulations.

Dog running at large

(3)  The owner of a dog or any other person responsible for a dog shall not permit it to run at large,

(a) during the open season for a species of big game in an area prescribed for the purpose of subsection (2); or

(b) during the closed season for a species of big game in an area usually inhabited by that species.

Power of conservation officer

(4)  A conservation officer may kill a dog without incurring any liability if,

(a) the dog is running at large in an area prescribed for the purpose of subsection (2) during the open season for a species of big game; or

(b) the dog is chasing a species of big game during the closed season for that species in an area usually inhabited by that species.

(15)  Clauses 31 (3) (a), (b) and (c) of the Act are repealed and the following substituted:

(a) a moose or woodland caribou; or

(b) a white-tailed deer, an American elk or other wildlife prescribed by the regulations, unless the person harasses, captures or kills the wildlife in accordance with the authorization of the Minister.

(16)  Subsection 31 (7) of the Act is repealed and the following substituted:

Night hunting

(7)  Section 20 does not apply to a person who, under this section, harasses, captures or kills wildlife, other than white-tailed deer, American elk or wildlife prescribed for the purpose of clause (3) (b).

(17)  Subsection 31 (10) of the Act is amended by adding “American elk” after “deer”.

(18)  Subsections 36 (1) and (2) of the Act are repealed and the following substituted:

Abandonment of meat

(1)  A hunter or trapper who kills game wildlife other than a furbearing mammal shall not abandon it if its flesh may become unsuitable for human consumption.

Spoiled flesh

(2)  A person who possesses game wildlife that is not a furbearing mammal and that was hunted or trapped shall not permit its flesh to become unsuitable for human consumption.

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

Possession

(1)  Except under the authority of a licence, a person shall not possess a commercial fish net.

Sale

(2)  A person shall not sell a commercial fish net except to a person who is authorized to possess it.

(20)  Subsection 63 (1) of the Act is repealed and the following substituted:

Only one licence for certain species

(1)  A person shall not hold more than one licence to hunt any one species of big game.

(21)  Subsection 63 (2) of the Act is amended by striking out “clause (1) (a)” and substituting “subsection (1)”.

(22)  Subsection 89 (1) of the Act is repealed and the following substituted:

Inspection of conveyance

(1)  A conservation officer may stop a conveyance if he or she has reasonable grounds to believe that stopping the conveyance would assist in determining whether there is compliance with this Act or the regulations.

(23)  Subsection 89 (2) of the Act is amended by striking out “the vehicle, boat or aircraft” and substituting “the conveyance”.

(24)  Subsection 90 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Inspection of places

(1)  For the purpose of this Act or the regulations, a conservation officer may enter and inspect a building or other place in which the conservation officer believes on reasonable grounds there is any work or undertaking or any other thing to which this Act or the regulations apply, including,

. . . . .

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

Warrant to conduct tests

91.1  (1)  On application without notice, a justice, as defined in the Provincial Offences Act, may issue a warrant authorizing a conservation officer and any person specified in the warrant to use any investigative technique or procedure or to do anything described in the warrant if the justice is satisfied by information under oath that,

(a) there are reasonable grounds to believe that an offence under this Act has been or is being committed; and

(b) evidence concerning the offence will be obtained through the use of the technique or procedure or the doing of the thing.

Power to enter, etc.

(2)  The warrant may authorize the person specified in it to enter and search the building or other place for which the warrant was issued and, without limiting the powers of the justice under subsection (1), the warrant may, in respect of the alleged offence, authorize the person specified in it to conduct any tests, take any measurements, take any specimens or samples, set up any equipment, make any excavations and make any photographic or other records that may be relevant to the search.

Duration

(3)  The warrant is valid for 30 days or for whatever shorter period is specified in it.

Further warrants

(4)  A justice may issue further warrants under subsection (1).

(26)  Sections 110 and 111 of the Act are repealed and the following substituted:

Proof of sunrise and sunset times

110.  In a prosecution for an offence under section 20, the following are admissible in evidence as proof, in the absence of evidence to the contrary, of the times of sunrise or sunset:

1. A certificate purporting to be signed by an astronomer or an astrophysicist setting out the times of sunrise and sunset.

2. A written confirmation of the times of sunrise or sunset certified by the Herzberg Institute of Astrophysics, National Research Council of Canada.

(27)  Section 112 of the Act is amended by adding the following paragraph:

0.1 prescribing nets for the purpose of the definition of “commercial fish net” in subsection 1 (1);

(28)  Paragraph 16 of section 112 of the Act is repealed and the following substituted:

16. prescribing, for the purpose of subsection 25 (2), areas where a person shall not use or be accompanied by a dog while hunting a prescribed species of big game;

(29)  Paragraph 20 of section 112 of the Act is amended by striking out “clause 31 (3) (c)” and substituting “clause 31 (3) (b)”.

(30)  Subsection 113 (1) of the Act is amended by adding the following paragraph:

10. Prohibiting or regulating the feeding of wildlife, other than the use of feed as bait for hunting or trapping wildlife.

(31)  Schedule 1 to the Act is repealed and the following substituted:

SCHEDULE 1
FURBEARING MAMMALS

Common Name

Scientific Name

Badger, American

Taxidea taxus

Beaver

Castor canadensis

Bobcat

Lynx rufus

Coyote

Canis latrans

Fisher

Martes pennanti

Fox, Arctic

Alopex lagopus

Fox, Grey

Urocyon cinereoargenteus

Fox, Red (all colour phases)

Vulpes vulpes

Lynx

Lynx canadensis

Marten

Martes americana

Mink

Neovison vison

Muskrat

Ondatra zibethicus

Opossum

Didelphis virginiana

Otter

Lontra canadensis

Raccoon

Procyon lotor

Skunk, Striped

Mephitis mephitis

Squirrel, Red

Tamiasciurus hudsonicus

Weasel, Least

Mustela nivalis

Weasel, Long-tailed

Mustela frenata

Weasel, Short-tailed (Ermine)

Mustela erminea

Wolf

Canis lupus

(32)  Schedule 2 to the Act is amended by striking out the following item:

Common Name

Scientific Name

Caribou, Woodland

Rangifer tarandus

and substituting the following:

 

Common Name

Scientific Name

Caribou, Woodland

Rangifer tarandus caribou

(33)  Schedules 4 and 6 to the Act are repealed and the following substituted:

SCHEDULE 4
GAME REPTILES

Common Name

Scientific Name

Turtle, Snapping

Chelydra serpentina

. . . . .

SCHEDULE 6
SPECIALLY PROTECTED MAMMALS

Common Name

Scientific Name

Bat, Big Brown

Eptesicus fuscus

Bat, Eastern Pipistrelle

Perimyotis subflavus

Bat, Hoary

Lasiurus cinereus

Bat, Little Brown

Myotis lucifugus

Bat, Northern Long-eared

Myotis septentrionalis

Bat, Red

Lasiurus borealis

Bat, Silver-haired

Lasionycteris noctivagans

Bat, Small-footed

Myotis leibii

Chipmunk, Eastern

Tamias striatus

Chipmunk, Least

Tamias minimus

Flying Squirrel, Northern

Glaucomys sabrinus

Flying Squirrel, Southern

Glaucomys volans

Shrew, Arctic

Sorex arcticus

Shrew, Least

Cryptotis parva

Shrew, Masked

Sorex cinereus

Shrew, Northern Short-tailed

Blarina brevicauda

Shrew, Pygmy

Sorex hoyi

Shrew, Smoky

Sorex fumeus

Shrew, Water

Sorex palustris

(34)  The English version of Schedule 8 to the Act is amended by striking out the following item:

 

Common Name

Scientific Name

Pelican, White

Pelecanus erythrorhynchos

and substituting the following:

 

Common Name

Scientific Name

Pelican, American White

Pelecanus erythrorhynchos

(35)  Schedules 9, 10 and 11 to the Act are repealed and the following substituted:

SCHEDULE 9
PROTECTED REPTILES

Common Name

Scientific Name

Foxsnake, Eastern

Pantherophis gloydi

Gartersnake, Butler’s

Thamnophis butleri

Greensnake, Smooth

Opheodrys vernalis

Massasauga

Sistrurus catenatus

Milksnake

Lampropeltis triangulum

Queensnake

Regina septemvittata

Racer, Blue

Coluber constrictor foxii

Ratsnake, Gray

Pantherophis spiloides

Skink, Common Five-lined

Plestiodon fasciatus

Snake, Eastern Hog-nosed

Heterodon platirhinos

Softshell, Spiny

Apalone spinifera

Turtle, Blanding’s

Emydoidea blandingii

Turtle, Eastern Musk

Sternotherus odoratus

Turtle, Midland Painted

Chrysemys picta marginata

Turtle, Northern Map

Graptemys geographica

Turtle, Spotted

Clemmys guttata

Turtle, Western Painted

Chrysemys picta bellii

Turtle, Wood

Glyptemys insculpta

Watersnake, Lake Erie

Nerodia sipedon insularum

Watersnake, Northern

Nerodia sipedon sipedon

SCHEDULE 10
SPECIALLY PROTECTED AMPHIBIANS

Common Name

Scientific Name

Frog, Northern Cricket

Acris crepitans

Salamander, Blue-spotted

Ambystoma laterale

Salamander, Eastern Tiger

Ambystoma tigrinum

Salamander, Four-toed

Hemidactylium scutatum

Salamander, Jefferson

Ambystoma jeffersonianum

Salamander, Northern Dusky

Desmognathus fuscus

Salamander, Northern Two-lined

Eurycea bislineata

Salamander, Redback

Plethodon cinereus

Salamander, Small-mouthed

Ambystoma texanum

Salamander, Spotted

Ambystoma maculatum

Toad, Fowler’s

Anaxyrus fowleri

Treefrog, Gray

Hyla versicolor

SCHEDULE 11
SPECIALLY PROTECTED INVERTEBRATES

Common Name

Scientific Name

Blue, Karner

Lycaeides melissa samuelis

Duskywing, Mottled

Erynnis martialis

Elfin, Bog

Callophrys lanoraieensis

Elfin, Frosted

Callophrys irus

Monarch

Danaus plexippus

Swallowtail, Black

Papilio polyxenes

Swallowtail, Canadian Tiger

Papilio canadensis

Swallowtail, Eastern Tiger

Papilio glaucus

Swallowtail, Giant

Papilio cresphontes

Swallowtail, Old World

Papilio machaon

Swallowtail, Pipevine

Battus philenor

Swallowtail, Spicebush

Papilio troilus

Swallowtail, Zebra

Eurytides marcellus

White, West Virginia

Pieris virginiensis

Forest Fires Prevention Act

3.  (1)  Section 1 of the Forest Fires Prevention Act is amended by adding the following definitions:

“fire” means any type of outdoor fire, including a campfire or a fire on a charcoal barbecue, an outside wood burning furnace or a stove; (“feu”, “incendie”)

“forest area” means any forest, woodland, prairie, savanna, shrubland, peatland, agricultural land or grassland, but does not include a cultivated garden or lawn; (“zone forestière”)

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

“officer” includes a fire warden appointed under section 8 exercising the powers of his or her appointment; (“agent”)

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

“start” with respect to a fire, means to kindle, light, place or set a fire, or cause a fire to be started. (“allumer”)

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

Same

(2)  The following persons are deemed to be officers for the purposes of this Act by virtue of their office:

1. All conservation officers duly appointed and employed by the Ministry.

2. All deputy conservation officers duly appointed and employed under agreement with the Ministry.

3. All police officers appointed under the Police Services Act.

4. All members of the Royal Canadian Mounted Police.

Park wardens

(3)  Park wardens duly appointed and employed by the Ministry are deemed to be officers for the purposes of this Act, but only in the provincial park for which the person is designated as a park warden.

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

Officer’s right of entry

(1)  Subject to subsection (2), an officer may enter into and upon any lands and premises for the purposes of this Act or for the purpose of inspecting the site of a fire to determine its cause and circumstances.

(6)  Section 6 of the Act is amended by striking out “forest or woodland” wherever that expression appears and substituting in each case “forest area”.

(7)  Section 9 of the Act is repealed.

(8)  Section 17 of the Act is amended by striking out “forest or woodland” and substituting “forest area”.

(9)  Section 28 of the Act is amended by striking out “forest or woodland” and substituting “forest area”.

(10)  The following provisions of the Act are amended by striking out “forest or woodland” wherever that expression appears and substituting in each case “forest area”:

1. Section 29 in the portion before clause (a).

2. Section 30.

(11)  Section 32 of the Act is amended by striking out “forest or woodland” and substituting “forest area”.

(12)  Section 33 of the Act is amended by striking out “forest or woodland” and substituting “forest area”.

Forestry Act

4.  (1)  The definition of “regulations” in subsection 1 (1) of the Forestry Act is repealed.

(2)  Section 18 of the Act is repealed.

Lakes and Rivers Improvement Act

5.  (1)  Section 18 of the Lakes and Rivers Improvement Act is repealed.

(2)  Subsections 36 (1) and (2) of the Act are amended by striking out “refuse” wherever that expression appears.

(3)  Section 38 of the Act is repealed.

Niagara Escarpment Planning and Development Act

6.  (1)  The definition of “Niagara Escarpment Planning Area” in section 1 of the Niagara Escarpment Planning and Development Act is repealed and the following substituted:

“Niagara Escarpment Planning Area” means the area of land in Ontario continued as such under section 3 and amended in accordance with that section; (“zone de planification de l’escarpement du Niagara”)

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

Niagara Escarpment Planning Area and Plan

3.  (1)  The Niagara Escarpment Planning Area and the Niagara Escarpment Plan as they exist immediately before the day this section comes into force are continued.

Altering boundaries of Planning Area

(2)  Subject to subsection (3), the Lieutenant Governor in Council may make regulations altering the boundaries of the Niagara Escarpment Planning Area.

Removal of lands

(3)  The Lieutenant Governor in Council shall not make a regulation under subsection (2) that has the effect of removing any lands from the Niagara Escarpment Planning Area unless, before the regulation is filed,

(a) the Minister lays the regulation before the Assembly if it is in session or deposits it with the Clerk of the Assembly if the Assembly is not in session; and

(b) the Assembly, by resolution, approves the regulation.

(3)  Regulation 827 of the Revised Regulations of Ontario, 1990 (Designation of Planning Area) made under the Act is revoked.

Oil, Gas and Salt Resources Act

7.  Subsection 19 (2) of the Oil, Gas and Salt Resources Act is amended by striking out “not less than $1,000 and”.

Professional Foresters Act, 2000

8.  (1)  Section 24 of the Professional Foresters Act, 2000 is amended by adding the following subsection:

Concurrent notice

(2.1)  The notice may be combined with a notice to cancel the member’s certificate of registration under subsection 14 (4).

(2)  Subsection 25 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Composition

(1)  The Complaints Committee shall be composed of not fewer than six and not more than 14 persons, of whom,

. . . . .

(3)  Subsection 27 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Composition

(1)  The Discipline Committee shall be composed of not fewer than six and not more than 10 persons, of whom,

. . . . .

(4)  Subsection 53 (1) of the Act is amended by adding the following paragraphs:

25.1 designating or establishing a body to provide an internal review of or appeal from any decision of the Registration Committee with respect to a certificate of registration for the purposes of the Fair Access to Regulated Professions Act, 2006, including a proposal for the issuance or non-issuance of such a certificate or for the imposition of conditions on such a certificate and including the variation of such a certificate under section 22, and specifying all necessary matters in connection with designating or establishing the body, including the number and appointment of its members;

25.2 specifying the persons who may apply for an internal review or appeal described in paragraph 25.1, the procedure for so applying, including the time limits for so applying, the parties to the internal review or appeal and the rights and obligations of those parties, including requirements that an applicant must meet as a condition for so applying;

25.3 specifying the powers of the body for the internal review or appeal described in paragraph 25.1 and all matters necessary for the body to carry out its functions described in that paragraph;

Provincial Parks and Conservation Reserves Act, 2006

9.  (1)  The definition of “officer” in subsection 5 (1) of the Provincial Parks and Conservation Reserves Act, 2006 is repealed and the following substituted:

“officer” includes a conservation officer, a park warden designated under section 12, a park ranger, a district manager, a conservation reserve manager, a superintendent and an assistant superintendent designated under section 12; (“agent”)

(2)  Section 12 of the Act is amended by adding the following subsections:

Assistant superintendent

(1.1)  The Minister may designate an assistant superintendent who, in the absence of a superintendent, may exercise the powers of a superintendent and shall perform the duties of a superintendent.

Park warden

(1.2)  The Minister may designate a person or class of persons as park wardens for the purpose of this Act and the regulations.

(3)  Clause 46 (1) (b) of the Act is repealed and the following substituted:

(b) subsection 22 (1);

(4)  Subsection 46 (1) of the Act is amended by adding “or” at the end of clause (e) and by repealing clause (f).

Registry Act

10.  The definition of “surveyor” in section 1 of the Registry Act is amended by striking out “practice of professional land surveying” and substituting “practice of cadastral surveying”.

Surveyors Act

11.  (1)  The definitions of “certificate of authorization” and “certificate of registration” in section 1 of the Surveyors Act are repealed and the following substituted:

“certificate of authorization” means a certificate of authorization issued under this Act; (“certificat d’autorisation”)

“certificate of registration” means a certificate of registration issued under this Act; (“certificat d’inscription”)

(2)  The definition of “practice of professional land surveying” in section 1 of the Act is repealed.

(3)  Section 1 of the Act is amended by adding the following definitions:

“practice of professional surveying” means the determination or analysis of spatial attributes of natural and artificial features on, above or below the surface of the earth, whether or not the surface of the earth is situated below water, and the storage and representation of such features on a chart, map, plan or graphic representation, and includes the practice of cadastral surveying; (“exercice de la profession d’arpenteur-géomètre”)

“registered”, in relation to a member of the Association, means a member who holds a certificate of registration; (“inscrit”)

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

Interpretation, engaging in the practice

(2)  An individual engages in the practice of cadastral surveying or engages in the practice of professional surveying when he or she performs an act that is within the practice of cadastral surveying or that is within the practice of professional surveying, as the case may be.

Same, exceptions

(3)  An individual who performs an act that is within the practice of professional surveying is not engaging in the practice of professional surveying for the purposes of this Act if,

(a) the individual is the holder of a licence, temporary licence, provisional licence or limited licence under the Professional Engineers Act and is competent by virtue of training and experience, in accordance with the regulations made under that Act, to carry out acts that would be within the practice of professional surveying but that would not be within the practice of cadastral surveying; or

(b) the individual is licensed as a professional geoscientist under the Professional Geoscientists Act, 2000 and is competent by virtue of training and experience, in accordance with the regulations made under that Act, to carry out acts that would be within the practice of professional surveying but that would not be within the practice of cadastral surveying.

(5)  The English version of subsections 2 (2) and (3) of the Act is amended by striking out “professional land surveying” wherever that expression appears and substituting in each case “professional surveying”.

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

Privacy requirements

(4)  The Association may collect, use and disclose personal information for the purpose of carrying out its objects.

(7)  Clauses 3 (2) (e) and (f) of the Act are repealed and the following substituted:

(e) at least two and not more than four persons who are not members of the Association, nor members of the governing body of any other self-regulating professional association or organization under an Act other than this Act and who are appointed by the Lieutenant Governor in Council; and

(f) one person who is not a member of the Association and who is a barrister and solicitor of at least 10 years standing in Ontario and who is appointed by the Lieutenant Governor in Council.

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

Term of appointment continued

(3)  A person appointed to the Council by the Lieutenant Governor in Council under clause (2) (e) or (f) continues to hold office after the expiry of the person’s term of office until he or she is reappointed or a successor is appointed.

(9)  Paragraph 11 of subsection 7 (1) of the Act is repealed.

(10)  The English version of the following paragraphs of subsection 7 (1) of the Act is amended by striking out “professional land surveying” wherever that expression appears and substituting in each case “professional surveying”:

1. Paragraphs 15, 16, 17, 18 and 19.

2. Paragraphs 23, 24 and 25.

3. Paragraph 28.

(11)  Paragraph 29 of subsection 7 (1) of the Act is repealed and the following substituted:

29. providing for a program of professional development of members of the Association and requiring members to participate in the program;

(12)  The English version of paragraphs 20 and 21 of subsection 8 (1) of the Act is amended by striking out “professional land surveying” wherever that expression appears and substituting in each case “professional surveying”.

(13)  Subsection 8 (1) of the Act is amended by adding the following paragraph:

26.1 respecting the policies and practices of the Association with respect to the collection, use and disclosure of personal information, including specifying any limitations or controls on the collection, use and disclosure of such information and providing that the policies and practices be set out in a code;

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

Prohibitions relating to cadastral surveying

11.  (1)  No individual shall engage in the practice of cadastral surveying or hold himself or herself out as engaging in such a practice unless he or she holds a licence under this Act.

Exception

(2)  Despite subsection (1), an individual who does not hold a licence under this Act may perform an act that is within the practice of cadastral surveying if he or she does so at the direction of and under the supervision of a licensed member.

Professional responsibility

(3)  A licensed member who supervises and directs the performance of acts that are within the practice of cadastral surveying by individuals referred to in subsection (2) is subject to the same standards of professional conduct and competence in respect of the acts and the related practice of cadastral surveying as if the acts were performed directly by the licensed member.

Operating a business

(4)  No individual, corporation or partnership shall operate a business that offers or provides services that are within the practice of cadastral surveying to the public unless the individual, corporation or partnership holds a certificate of authorization to do so issued under this Act.

Proof of practising cadastral surveying

(5)  For the purposes of establishing a contravention of subsection (1) or (4), proof of the performance of one act in the practice of cadastral surveying on one occasion is sufficient to establish that a person has engaged in the practice of cadastral surveying.

(15)  Subsection 12 (1) of the Act is amended by striking out “a natural person” in the portion before clause (a) and substituting “an individual”.

(16)  Sections 13, 14, 15 and 16 of the Act are repealed and the following substituted:

Practice of professional surveying other than cadastral surveying

13.  (1)  Although not required in order to engage in the practice of professional surveying in a branch other than cadastral surveying, an individual may apply to the Registrar for a certificate of registration in a branch of professional surveying other than cadastral surveying.

Prohibition

(2)  No person shall hold himself or herself out as a registered member of the Association unless the person holds a certificate of registration issued under this Act.

Certificate of registration

(3)  The Registrar shall issue a certificate of registration in a branch of professional surveying other than cadastral surveying to an applicant who meets the requirements and qualifications prescribed by the regulations in relation to the branch.

Application for certificate of authorization

(4)  Although not required in order to operate a business that provides services that are part of a branch of professional surveying other than cadastral surveying to the public, any of the following persons or entities may apply for a certificate of authorization with respect to such a business:

1. An individual who is a registered member and who, on his or her own behalf, practises professional surveying in a branch other than cadastral surveying.

2. A corporation that, under the direction of a registered member, provides services to the public that are part of a branch of professional surveying other than cadastral surveying.

3. A partnership of persons or of corporations that, under the direction of a registered member, provides services to the public that are part of a branch of professional surveying other than cadastral surveying.

Branches of professional surveying

(5)  The branches of professional surveying to which this section applies include photogrammetry, geodesy, hydrography, geographic information management and all other branches that are prescribed by the regulations.

Certificate of authorization

14.  (1)  An application for a certificate of authorization shall be made in accordance with the regulations.

Issuance to individuals

(2)  The Registrar shall issue a certificate of authorization to an individual who is a member of the Association and who meets the requirements and qualifications prescribed by the regulations.

Same, corporations

(3)  The Registrar shall issue a certificate of authorization to a corporation if,

(a) the primary function of the corporation is to engage in the business of providing services that are within the practice of professional surveying;

(b) at least 50 per cent of the members of the board of directors of the corporation are members of the Association; and

(c) if the corporation provides or wishes to provide services to the public that are within the practice of cadastral surveying, at least one director or full-time employee of the corporation is a licensed member of the Association who agrees to personally supervise and direct the practice of cadastral surveying for the corporation.

Same, partnerships

(4)  The Registrar shall issue a certificate of authorization to a partnership of members of the Association or to a partnership of corporations if the partnership meets the requirements and qualifications prescribed by the regulations.

Refusal or revocation

(5)  The Registrar may refuse to issue or may suspend or revoke a certificate of authorization if,

(a) the Registrar is of the opinion, on reasonable and probable grounds, that the past conduct of the applicant, or of a person who is in a position of authority or responsibility in the operation of the business of the applicant, affords grounds for the belief that the applicant will not operate the business of providing services that are within the practice of professional surveying in accordance with the law and honesty and integrity;

(b) the applicant does not meet the requirements or the qualifications for the issuance of the certificate of authorization prescribed by the regulations;

(c) there is a breach of a condition of the certificate of authorization; or

(d) in the case of an applicant or member who is an individual, the Registrar is satisfied, based on evidence, that the applicant or member has not engaged in the practice of professional surveying during the five-year period preceding the date of the refusal, suspension or revocation.

(17)  Subsection 21 (1) of the Act is repealed and the following substituted:

Complaints Committee

(1)  The Complaints Committee shall be composed of at least five members, including,

(a) at least one member of the Association who was elected to the Council under clause 3 (2) (a);

(b) at least one person who was appointed to the Council by the Lieutenant Governor in Council under clause 3 (2) (e) or (f); and

(c) the other members of the Association that are appointed by the Council.

Qualifications

(1.1)  A person appointed to the Complaints Committee under clause (1) (c) shall have practised professional surveying in Ontario or in another jurisdiction for at least five years at the time of being appointed to the Committee.

(18)  Section 21 of the Act is amended by adding the following subsections:

Exception

(2.1)  Despite subsection (2), if a member of the Complaints Committee who is a member of the Council appointed by the Lieutenant Governor in Council under clause (1) (b) is unable to act as a member of the Committee for a part of, or the remainder of, his or her appointment, the Council may appoint to the Committee a member of the Discipline Committee who was appointed to the Council by the Lieutenant Governor in Council under clause 3 (2) (e) or (f), but the member of the Discipline Committee is appointed only until the time that the member who is unable to act is able to resume his or her duties or is replaced.

Same

(2.2)  A member of the Discipline Committee who is appointed to act in the place of a member of the Complaints Committee under subsection (2.1) shall not serve on a disciplinary panel that holds a hearing with respect to any matter that the member was involved with as a member of the Complaints Committee.

(19)  Subsection 21 (4) of the Act is repealed and the following substituted:

Quorum

(4)  For the purpose of transacting business, a quorum of the Complaints Committee consists of five members of the Committee, where,

(a) at least one member is a member of the Association elected to the Council under clause 3 (2) (a); and

(b) at least one member is a person who was appointed to the Council by the Lieutenant Governor in Council under clause 3 (2) (e) or (f).

(20)  Subsections 22 (1), (2), (3) and (4) of the Act are repealed and the following substituted:

Complaint process

(1)  A member of the public or a member of the Association may file a complaint in writing with the Registrar attributing conduct or actions to a member of the Association that may be found to constitute professional misconduct or incompetence.

Notice to member

(2)  When a complaint is filed under subsection (1), the Registrar shall give written notice of the complaint to the member of the Association who is the subject of the complaint and advise the member that he or she may submit a written response to the complaint to the Registrar within two weeks of receiving the notice.

Written response

(3)  A member who receives a notice under subsection (2) may submit a written response to the complaint to the Registrar within two weeks of receiving the notice.

Refusal to consider

(4)  The Complaints Committee may refuse to consider or investigate a complaint filed under subsection (1) if, in the opinion of the Committee, the complaint is frivolous, vexatious or an abuse of process.

Notice

(4.1)  If the Complaints Committee refuses to consider or investigate a complaint under subsection (4), the Committee shall give written notice of its decision and of the reasons for it to the complainant, the member who is the subject of the complaint and the Council.

Duty of Committee

(4.2)  Subject to subsection (4), the Complaints Committee shall consider and investigate all complaints filed under subsection (1).

Power of Committee

(4.3)  Upon consideration of the complaint, of any response received under subsection (3) and of any other information, record or document relating to the complaint that has come to the attention of the Complaints Committee in the course of its investigation, the Committee may,

(a) direct that the matter be referred, in whole or in part, to the Council with a recommendation that Council refer the matter to the Discipline Committee; or

(b) take the action that it considers appropriate in the circumstances and that is not inconsistent with this Act or the regulations or by-laws.

Decision and reasons

(4.4)  The Complaints Committee shall give its decision in writing to the Registrar for the purposes of subsection (4.5) and, if the decision is to not refer the matter under clause (4.3) (a), its reasons for the decision.

Notice

(4.5)  The Registrar shall send to the complainant and to the person who is the subject of the complaint by mail a copy of the written decision made by the Complaints Committee and its reasons for it, if any.

(21)  Subsection 23 (3) of the Act is repealed and the following substituted:

Powers

(3)  The Complaints Review Councillor may,

(a) from time to time conduct an examination of the Association’s procedures for the treatment of complaints; and

(b) upon application of a complainant or on the Councillor’s own initiative, review the treatment of a particular complaint against a member of the Association or the holder of a certificate of authorization if the Complaints Committee has not disposed of the complaint within 90 days after the day the complaint was filed with the Registrar.

(22)  Subsection 23 (5) of the Act is repealed.

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

Annual meeting

(18)  The Complaints Review Councillor shall meet with the members of the Complaints Committee at least once a year to,

(a) discuss the results of an examination of the Association’s procedures for the treatment of complaints received by the Committee in the preceding 12-month period; and

(b) discuss the review of any individual complaint conducted under clause (3) (b) in the preceding 12-month period.

(24)  Section 24 of the Act is repealed.

(25)  Section 25 of the Act is repealed and the following substituted:

Discipline Committee

25.  (1)  The Discipline Committee shall be composed of at least six members, including,

(a) at least one member of the Association who was elected to the Council under clause 3 (2) (a);

(b) at least one person who was appointed to the Council by the Lieutenant Governor in Council under clause 3 (2) (e) or (f); and

(c) at least two members of the Association who do not sit on the Council and are appointed to the Committee by the Council.

Qualifications

(2)  A person appointed to the Discipline Committee under clause (1) (c) shall have practised professional surveying in Ontario or in another jurisdiction for at least five years at the time of being appointed to the Committee.

Disqualification

(3)  No person who is a member of the Complaints Committee shall be a member of the Discipline Committee.

Exception

(4)  Despite subsection (3), if a member of the Discipline Committee who is a member of the Council appointed by the Lieutenant Governor in Council under clause (1) (b) is unable to act as a member of the Committee for a part of, or the remainder of, his or her appointment, the Council may appoint to the Committee a member of the Complaints Committee who was appointed to the Council by the Lieutenant Governor in Council under clause 3 (2) (e) or (f), but the member of the Complaints Committee is appointed only until the time that the member who is unable to act is able to resume his or her duties or is replaced.

Quorum

(5)  For the purpose of transacting business other than the business of conducting a hearing under section 26, a quorum of the Discipline Committee consists of six members of the Committee, where at least one of the members was appointed to the Council by the Lieutenant Governor in Council under clause 3 (2) (e) or (f).

Chair

(6)  The Council shall name one member of the Discipline Committee who is a member of and elected to the Council to be chair.

Duties

(7)  The Discipline Committee shall,

(a) if directed by the Council to do so, hear and determine allegations of professional misconduct or incompetence against any member of the Association in accordance with section 26;

(b) if directed by the Council to do so, prepare for the Council’s approval rules governing the practice and procedures before a discipline panel appointed under section 26; and

(c) perform the other duties that are assigned to it by the Council.

Mediator

25.1  (1)  If a matter comes to the attention of the Council for referral to the Discipline Committee, whether from the Registrar or the Complaints Committee or otherwise, the Council may appoint a mediator to look into the matter and make a report to the Council as to whether the matter should be referred to the Discipline Committee.

Role of mediator

(2)  The mediator shall make reasonable efforts to meet with the member against whom the allegations are made and any other interested party to facilitate a resolution of the matter and, if a resolution is not possible, to further define the issues to be brought before the Committee.

Report

(3)  The mediator shall submit a written report to the Council within 90 days of his or her appointment and the report shall contain the mediator’s recommendation as to whether the matter should be referred to the Discipline Committee and as to any issues that the Committee should consider.

(26)  Subsection 26 (1) of the Act is repealed and the following substituted:

Hearings and decisions in disciplinary matters

(1)  If the Discipline Committee is directed by the Council to hear and determine allegations of professional misconduct or incompetence against a member of the Association, the Committee shall appoint a discipline panel to hear and determine the matter.

Composition of discipline panel

(1.1)  A discipline panel shall consist of five members of the Discipline Committee and shall include,

(a) at least one member of the Committee appointed under clause 25 (1) (b); and

(b) at least two members of the Committee appointed under clause 25 (1) (c).

Eligibility to sit on panel

(1.2)  Members of a discipline panel appointed to hold a hearing shall not, before the hearing, have taken part in any investigation or consideration of the subject matter of the hearing, other than as a member of the Council considering the referral of the matter to the Discipline Committee or at a previous hearing by a discipline panel.

(27)  Subsection 26 (2) of the Act is amended by striking out “the Committee” in the portion before clause (a) and substituting “a discipline panel”.

(28)  Clause 26 (2) (b) of the Act is repealed and the following substituted:

(b) in the opinion of the discipline panel, the member is guilty of professional misconduct as defined in the regulations.

(29)  Subsection 26 (3) of the Act is amended by striking out “The Discipline Committee” in the portion before clause (a) and substituting “A discipline panel”.

(30)  Clause 26 (3) (a) of the Act is amended by striking out “professional land surveying” and substituting “professional surveying”.

(31)  Clause 26 (3) (b) of the Act is repealed and the following substituted:

(b) the member is suffering from a physical or mental condition or disorder and the nature or extent of the condition or disorder is such that it is in the interest of the public, of the member or of both that the member no longer be permitted to practise or that his or her practice be restricted.

(32)  Subsection 26 (4) of the Act is amended by striking out “Where the Discipline Committee” in the portion before clause (a) and substituting “If a discipline panel”.

(33)  Clause 26 (4) (c) of the Act is amended by striking out “of the member or holder in the practice of professional land surveying” and substituting “of the member in the practice of professional surveying”.

(34)  Clause 26 (4) (d) of the Act is amended by striking out “Discipline Committee” at the end and substituting “discipline panel”.

(35)  The English version of subclauses 26 (4) (e) (i) and (ii) of the Act is amended by striking out “professional land surveying” wherever that expression appears and substituting in each case “professional surveying”.

(36)  Subclauses 26 (4) (e) (iii) and (iv) of the Act are amended by striking out “Discipline Committee” wherever that expression appears and substituting in each case “discipline panel”.

(37)  The English version of clause 26 (4) (g) of the Act is amended by striking out “professional land surveying” and substituting “professional surveying”.

(38)  Clause 26 (4) (h) of the Act is repealed and the following substituted:

(h) impose the fine that the discipline panel considers appropriate, to a maximum of $5,000, to be paid by the member to the Minister of Finance for payment into the Consolidated Revenue Fund;

(39)  The English version of clause 26 (4) (i) of the Act is amended by striking out “professional land surveying” and substituting “professional surveying”.

(40)  Clause 26 (4) (j) of the Act is repealed.

(41)  Clause 26 (4) (l) of the Act is amended by striking out the portion before subclause (i) and the portion after subclause (ii) and substituting the following:

(l) direct that the imposition of a penalty be suspended or postponed for the period and upon the terms or for the purpose that the discipline panel specifies, including but not limited to any combination of the following:

. . . . .

(42)  Subsections 26 (5) to (11) of the Act are repealed and the following substituted:

Publication of orders

(5)  The Discipline Committee shall cause a decision of a discipline panel to be published, with or without the reasons for it, in an official publication of the Association and shall ensure that the member who was the subject of the disciplinary proceedings is named in the publication.

Costs

(6)  If the discipline panel is of the opinion that the commencement of the proceedings was unwarranted, the panel may order that the Association reimburse the member for the member’s costs or the portion of the costs that the panel fixes and the Association shall comply with the order.

No stay on appeal for incompetence

(7)  If a discipline panel revokes, suspends or restricts a licence or certificate of registration on the ground of incompetence, the decision takes effect immediately even if an appeal is taken from the decision.

Exception

(8)  Despite subsection (7), if an appeal is taken from a decision mentioned in that subsection, the court to which the appeal is taken may, in the circumstances that it considers appropriate, order a stay of the decision until the time that the court specifies.

Stay on appeal for professional misconduct

(9)  If a discipline panel revokes, suspends or restricts a licence or certificate of registration on the ground of professional misconduct, the decision does not take effect until,

(a) the time for an appeal from the decision has expired and no notice of appeal is filed; or

(b) if notice of appeal is filed within the appropriate time, the final disposition of the appeal.

Exception

(10)  Despite subsection (9), a discipline panel that makes a decision mentioned in that subsection may order that the decision is to take effect immediately or at the other time that the panel determines if the panel believes it is necessary for the protection of the public.

Service of decision

(11)  If the discipline panel finds a member guilty of professional misconduct or incompetence, a copy of the decision shall be served upon the person complaining in respect of the conduct or action of the member.

Expiry of other membership

(12)  A Discipline Committee member who is sitting at a hearing on a discipline panel and whose term of office on the Council or on the Discipline Committee expires or terminates before a decision is rendered on the matter being heard may continue to sit as a member of the panel and participate in the hearing and rendering of the decision.

Exception

(13)  A member may not continue to sit as a member of a discipline panel or to participate in a hearing or the rendering of a decision under subsection (12) if the member’s term of office is terminated for cause.

Incapacity of member

(14)  If a discipline panel is conducting a hearing and one or two of the five members of the panel become unable, for any reason, to complete the hearing or participate in the decision, the remaining members may complete the hearing and give a decision.

Same, new panel

(15)  If a discipline panel is conducting a hearing and more than two of the five members of the panel become unable, for any reason, to complete the hearing or participate in the decision, a new panel shall be appointed and a new hearing commenced.

Case of tie

(16)  If one of the five members of a discipline panel has become unable to continue with respect to a matter that is before the panel and the four remaining members of the panel are divided equally as to the guilt of the member of the Association who is the subject of the hearing, that is to say two believe that the member should be found guilty and two believe that the member should not be found guilty, the panel shall find that the member is not guilty of incompetence or professional misconduct, as the case may be.

(43)  Section 27 of the Act is repealed and the following substituted:

Proceedings before discipline panel

27.  (1)  In proceedings before a discipline panel, the Association and the member of the Association whose conduct is being investigated in the proceedings are parties to the proceedings.

Examination of documentary evidence

(2)  A member whose conduct is being investigated in proceedings before a discipline panel shall have an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing.

Non-communication by panel members

(3)  Members of a discipline panel shall not communicate directly or indirectly in relation to the subject matter of a hearing with any person or with any party or any party’s representative except upon notice to and opportunity for all parties to participate.

Exception, legal advice

(4)  Despite subsection (3), a discipline panel may seek legal advice from, and communicate with, a person who is not counsel in the proceedings and, if it does so, the nature of the advice shall be made known to the parties in order that they may make submissions as to the law.

Hearings to be public

(5)  A hearing of a discipline panel shall, subject to subsection (6), be open to the public.

Exclusion of public

(6)  A discipline panel may make an order that the public be excluded from a hearing or any part of a hearing if the panel is satisfied that,

(a) matters involving public security may be disclosed;

(b) upon considering that financial, personal or other matters may be disclosed at the hearing, it is preferable to exclude the public from the hearing and prevent such disclosure, in order to protect the interests of an individual or for reasons of public safety or security, rather than adhere to the principle that hearings be open to the public; or

(c) the safety of a person may be jeopardized.

Same

(7)  A discipline panel may make an order that the public be excluded from a hearing while it receives evidence or submissions or deliberates whether to exclude the public from all or part of a hearing under subsection (6).

Orders preventing public disclosure

(8)  In any situation in which a discipline panel may make an order under subsection (6) or (7), the discipline panel may make orders it considers necessary to prevent the public disclosure of information disclosed at the hearing and may for such purpose make an order banning the publication or broadcasting of that information.

Written orders

(9)  An order under subsection (6) or (7) shall be made in writing and shall include written reasons and shall be made available to members of the public upon request.

Recording of evidence

(10)  A discipline panel shall ensure that the oral evidence taken before it is recorded and, if so required, shall furnish copies of a transcript of the evidence only to the parties at their own cost.

Findings of fact

(11)  The findings of fact of a discipline panel shall be based exclusively on evidence admissible or matters that may be noticed under sections 15, 15.1, 15.2 and 16 of the Statutory Powers Procedure Act.

Participation in decision

(12)  A member of a discipline panel shall not participate in a decision of the panel following a hearing unless the member was present throughout the hearing and heard the evidence and argument of the parties.

Release of documentary evidence

(13)  Upon the request of the party who produced documents and things put in evidence at a hearing of a discipline panel, the panel shall return them within a reasonable time after the matter in issue has been finally determined.

Security for court applications

(14)  If, in the course of a hearing by a discipline panel and before the panel makes its ruling, a party to the hearing desires to make an application to the Superior Court of Justice in respect of a matter before the panel, the party shall post security for costs in accordance with the rules of the Superior Court of Justice.

(44)  The English version of clause 29 (2) (a) of the Act is amended by striking out “professional land surveying” and substituting “professional surveying”.

(45)  Subsection 30 (10) of the Act is repealed and the following substituted:

Report of Registrar

(10)  The Registrar shall report the results of the investigation to the Council and the Council may direct the matter to the Discipline Committee or to the other committee that it sees fit.

(46)  The English version of the following provisions of the Act is amended by striking out “professional land surveying” wherever that expression appears and substituting in each case “professional surveying”:

1. Subsections 31 (1), (2) and (3).

2. Subsection 32 (1).

3. Subsection 33 (5).

(47)  Subsection 35 (2) of the Act is repealed and the following substituted:

Reference to Registration Committee

(2)  The Registrar shall refer the application to the Registration Committee and the Committee shall,

(a) hold a hearing and make a decision with respect to the application; and

(b) report its decision and reasons to the Council and to the applicant.

(48)  Subsection 36 (1) of the Act is amended,

(a) by striking out “section 24 or 30” in the portion before clause (a) and substituting “section 30”; and

(b) by adding the following clause:

(a.1) in accordance with the Association’s policies and practices with respect to the collection, use and disclosure of personal information as set out in the by-laws;

(49)  Subsection 46 (1) of the Act is amended by adding the following paragraph:

7.1 Clause 131 (1) (b) and subsection 131 (6) (change of name).

Commencement

Commencement

12.  This Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

SCHEDULE 23
MINISTRY OF NORTHERN DEVELOPMENT, MINES AND FORESTRY

Mining Act

1.  (1)  The definition of “Deputy Minister” in subsection 1 (1) of the Mining Act is amended by striking out “Deputy Minister of Northern Development and Mines” and substituting “Deputy Minister of Northern Development, Mines and Forestry”.

(2)  The definition of “Minister” in subsection 1 (1) of the Act is amended by striking out “Minister of Northern Development and Mines” and substituting “Minister of Northern Development, Mines and Forestry”.

Mining Tax Act

2.  (1)  The following provisions of the Mining Tax Act are amended by striking out “Minister of Northern Development and Mines” wherever it appears and substituting in each case “Minister of Northern Development, Mines and Forestry”:

1. Subsection 4 (1) in the portion before clause (a).

2. Subsection 4 (3) in the portion before clause (a).

3. Subsection 4 (5) in the portion before clause (a).

(2)  The English version of the following provisions of the Act is amended by striking out “Minister of Northern Development and Mines” wherever it appears and substituting in each case “Minister of Northern Development, Mines and Forestry”:

1. Clause 4 (1) (c).

2. Clause 4 (3) (a).

3. Clause 4 (3) (b).

Ministry of Northern Development and Mines Act

3.  (1)  The title of the Ministry of Northern Development and Mines Act is repealed and the following substituted:

Ministry of Northern Development, Mines and Forestry Act

(2)  The definition of “Deputy Minister” in section 1 of the Act is amended by striking out “Deputy Minister of Northern Development and Mines” and substituting “Deputy Minister of Northern Development, Mines and Forestry”.

(3)  The definition of “Ministry” in section 1 of the Act is amended by striking out “Ministry of Northern Development and Mines” and substituting “Ministry of Northern Development, Mines and Forestry”.

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

Ministry continued

2.  The Ministry of the public service known in English as the Ministry of Northern Development, Mines and Forestry and in French as ministère du Développement du Nord, des Mines et des Forêts is continued.

(5)  Subsection 5 (1) of the Act is amended by striking out “Deputy Minister of Northern Development and Mines” and substituting “Deputy Minister of Northern Development, Mines and Forestry”.

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

Function of the Ministry

8.  It is the function of the Ministry to,

(a) co-ordinate the activities of and initiate policies and programs for the Government in Northern Ontario, including,

(i) preparing and recommending Government plans, policies and priorities for Northern Ontario,

(ii) establishing and administering Ministry programs and co-ordinating Government programs and services relating to Northern Ontario,

(iii) advising and participating in the planning and financing of Government programs, services and activities in Northern Ontario provided by other ministries,

(iv) improving the accessibility of the programs, services and activities of the Government of Ontario to the residents of Northern Ontario, and

(v) making recommendations regarding priorities for research of social and economic conditions of all areas of Northern Ontario;

(b) establish and administer policies, programs and services throughout Ontario,

(i) supporting mineral resource development and management and the mineral and geoscience sectors, and

(ii) supporting forest resource development and management and the forestry industry; and

(c) administer such other programs and perform such other duties as are assigned to it by any Act or by the Lieutenant Governor in Council.

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

Establishment of programs

(1)  Upon the recommendation of the Minister, the Lieutenant Governor in Council may establish programs,

(a) for the benefit of the residents of Northern Ontario; and

(b) for the purpose of promoting and stimulating, throughout Ontario, the development and management of mineral resources, the mineral and geoscience sectors, forest resources and the forestry industry.

Northern Ontario Grow Bonds Corporation Act, 2004

4.  The definition of “Minister” in section 1 of the Northern Ontario Grow Bonds Corporation Act, 2004 is amended by striking out “Minister of Northern Development and Mines” and substituting “Minister of Northern Development, Mines and Forestry”.

Northern Ontario Heritage Fund Act

5.  The definition of “Minister” in section 1 of the Northern Ontario Heritage Fund Act is amended by striking out “Minister of Northern Development and Mines” and substituting “Minister of Northern Development, Mines and Forestry”.

Northern Services Boards Act

6.  (1)  The definition of “Minister” in section 1 of the Northern Services Boards Act is amended by striking out “Minister of Northern Development and Mines” and substituting “Minister of Northern Development, Mines and Forestry”.

(2)  The definition of “Minister” in section 34 of the Act is amended by striking out “Minister of Northern Development and Mines” and substituting “Minister of Northern Development, Mines and Forestry”.

Professional Geoscientists Act, 2000

7.  The definition of “Minister” in section 1 of the Professional Geoscientists Act, 2000 is amended by striking out “Minister of Northern Development and Mines” and substituting “Minister of Northern Development, Mines and Forestry”.

Road Access Act

8.  Subsection 2 (5) of the Road Access Act is amended by striking out “Minister of Northern Development” at the end and substituting “Minister of Northern Development, Mines and Forestry”.

Commencement

Commencement

9.  This Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

SCHEDULE 24
MINISTRY OF TOURISM

Historical Parks Act

1.  Section 5 of the Historical Parks Act is amended by striking out “Minister” wherever it appears and substituting in each case “Deputy Minister of Tourism”.

Ministry of Tourism and Recreation Act

2.  Section 12 of the Ministry of Tourism and Recreation Act is amended by adding the following clause:

(h) establishing geographic boundaries of tourism regions within the province.

Niagara Parks Act

3.  (1)  Clause 3 (2) (a) of the Niagara Parks Act is repealed.

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

Ontario Place Corporation Act

4.  (1)  Subsection 3 (2) of the Ontario Place Corporation Act is repealed and the following substituted:

Composition

(2)  The Corporation shall consist of not fewer than seven and not more than 13 members appointed by the Lieutenant Governor in Council of whom one shall be a director of the Canadian National Exhibition Association.

(2)  Clause 9 (1) (e) of the Act is amended by striking out “Minister” and substituting “Deputy Minister”.

Retail Business Holidays Act

5.  Subsection 3 (5) of the Retail Business Holidays Act is repealed and the following substituted:

Exemptions, liquor

(5)  Section 2 does not apply in respect of the sale or offering for sale by retail of liquor under the authority of a licence or permit issued under the Liquor Licence Act.

Exemption, tourist establishments

(5.1)  Section 2 does not apply in respect of the sale or offering for sale of retail goods or services from tourist establishments.

Definition

(5.2)  In subsection (5.1),

“tourist establishment” means any premise operated to provide sleeping accommodation for the travelling public or sleeping accommodation for the use of the public engaging in recreational activities, and includes the services and facilities in connection with which sleeping accommodation is provided, but does not include,

(a) a camp operated by a charitable corporation approved under the Charitable Institutions Act, or

(b) a summer camp within the meaning of the regulations made under the Health Protection and Promotion Act, or

(c) a club owned by its members and operated without profit or gain.

Tourism Act

6.  (1)  The Tourism Act is repealed.

(2)  Regulation 1037 of the Revised Regulations of Ontario, 1990 (General) made under the Act is revoked.

Commencement

Commencement

7.  This Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

SCHEDULE 25
MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES

Ministry of Training, Colleges and Universities Act

1.  (1)  Section 4 of the Ministry of Training, Colleges and Universities Act is amended by adding “or the Minister” after “The Lieutenant Governor in Council”.

(2)  The English version of clause 13 (3) (b) of the Act is repealed and the following substituted:

(b) which programs of study are approved programs of study.

Ontario College of Trades and Apprenticeship Act, 2009

2.  (1)  This section applies only if Bill 183 (Ontario College of Trades and Apprenticeship Act, 2009), introduced on May 13, 2009, 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 this section comes into force and the day section 74 of Bill 183 comes into force, subsection 74 (4) of the Ontario College of Trades and Apprenticeship Act, 2009 is amended by striking out “clause (1) (i)” and substituting “clause (3) (i)”.

Ontario Colleges of Applied Arts and Technology Act, 2002

3.  Section 4 of the Ontario Colleges of Applied Arts and Technology Act, 2002 is amended by adding the following subsection:

Non-application of Legislation Act, 2006

(4)  Part III (Regulations) of the Legislation Act, 2006 does not apply to the policy directives.

Post-secondary Education Choice and Excellence Act, 2000

4.  (1)  The French version of paragraphs 1 to 4 of subsection 2 (1) of the Post-secondary Education Choice and Excellence Act, 2000 is amended by striking out “grade universitaire” wherever it appears and substituting in each case “grade”.

(2)  The French version of subsection 2 (2) of the Act is amended by striking out “grade universitaire” in the portion before clause (a) and in clause (b) and substituting in each case “grade”.

(3)  The French version of clause 4 (5) (a) of the Act is amended by striking out “grade universitaire” and substituting “grade” and by striking out “diplôme de baccalauréat” and substituting “baccalauréat”.

(4)  The French version of clause 7 (4) (a) of the Act is amended by striking out “grades universitaires” and substituting “grades”.

Private Career Colleges Act, 2005

5.  (1)  The definition of “private career college” in subsection 1 (1) of the Private Career Colleges Act, 2005 is amended by adding “or” at the end of clause (c) and by striking out clause (d).

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

Delegation

(3)  Subject to the approval of the Minister, the Superintendent may delegate in writing any of his or her powers or duties under this Act to one or more persons employed in the Ministry, subject to such limitations, restrictions, conditions and requirements as may be set out in the delegation.

(3)  Subsection 8 (2) of the Act is amended by adding “or” at the end of clause (c) and by striking out clause (d).

(4)  Subsection 9 (2) of the Act is amended by adding “or” at the end of clause (c) and by striking out clause (d).

(5)  Subsection 12 (3) of the Act is amended by adding “or” at the end of clause (c) and by striking out clause (d).

Commencement

Commencement

6.  This Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

SCHEDULE 26
MINISTRY OF TRANSPORTATION

City of Toronto Act, 2006

1.  (1)  Subsection 80 (1) of the City of Toronto Act, 2006 is repealed and the following substituted:

Accessible parking permits

(1)  If the City passes a by-law for establishing a system of accessible parking, the sole manner of identifying vehicles shall be an accessible parking permit issued under and displayed in accordance with the Highway Traffic Act and the regulations made under it.

(2)  Subsection 80 (2) of the Act is amended,

(a) by striking out “a disabled parking permit” in the portion before clause (a) and substituting “an accessible parking permit”; and

(b) by striking out “disabled parking permit” in clause (a) and substituting “accessible parking permit”.

(3)  Section 368 of the Act is repealed and the following substituted:

Offence re accessible parking

368.  A by-law establishing a system of accessible parking shall provide that every person who contravenes the by-law is guilty of an offence and on conviction is liable to a fine of not less than $300.

Commuter Services Act

2.  The Commuter Services Act is repealed.

Highway Traffic Act

3.  (1)  The French version of the definition of “stand” in subsection 1 (1) of the Highway Traffic Act is amended by striking out “personnes” and substituting “passagers”.

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

“wheelchair” means a chair mounted on wheels driven by muscular or any other kind of power that is designed for and used by a person whose mobility is limited by one or more conditions or functional impairments. (“fauteuil roulant”)

(3)  Section 26 of the Act is repealed and the following substituted:

Accessible parking permits

26.  (1)  The Minister shall issue an accessible parking permit to every person or organization that applies for it and meets the requirements of the regulations.

Term

(2)  An accessible parking permit is in force during the period of time shown on the permit.

Cancellation of permit

(3)  The Minister may cancel an accessible parking permit or may refuse to issue a replacement permit if the permit has been used in contravention of this Part or the regulations or of a municipal by-law passed under section 9, 10, 11 or 102 of the Municipal Act, 2001 or under section 7, 8 or 80 of the City of Toronto Act, 2006, as the case may be, for establishing a system of accessible parking.

Refusal to issue new permit

(4)  If the Minister cancels an accessible parking permit, the Minister may refuse to issue a new permit to the holder of the cancelled permit.

(4)  Subsection 27 (1) of the Act is repealed and the following substituted:

Offence, accessible parking permit

(1)  No person shall,

(a) have in his or her possession an accessible parking permit that is fictitious, altered or fraudulently obtained;

(b) display an accessible parking permit otherwise than in accordance with the regulations;

(c) fail or refuse to surrender an accessible parking permit in accordance with this Part or the regulations;

(d) use an accessible parking permit on land owned and occupied by the Crown otherwise than in accordance with the regulations;

(e) give, lend, sell or offer for sale an accessible parking permit or permit the use of it by another person otherwise than in accordance with the regulations; or

(f) make, permit the making of, give, lend, sell or offer for sale a fictitious or altered accessible parking permit.

(5)  Subsection 28 (1) of the Act is repealed and the following substituted:

Inspection, accessible parking permit

(1)  Every person having possession of an accessible parking permit shall, on the demand of a police officer, police cadet, municipal law enforcement officer or an officer appointed for carrying out the provisions of this Act, surrender the permit for reasonable inspection to ensure that the provisions of this Part and the regulations and any municipal by-law passed under section 9, 10, 11 or 102 of the Municipal Act, 2001 or under section 7, 8 or 80 of the City of Toronto Act, 2006, as the case may be, for establishing a system of accessible parking are being complied with.

(6)  Subsection 28 (2) of the Act is amended,

(a) by striking out “a disabled person parking permit” in the portion before clause (a) and substituting “an accessible parking permit”; and

(b) by striking out “disabled parking” in clause (e) and substituting “accessible parking”.

(7)  Section 30 of the Act is repealed and the following substituted:

Regulations, accessible parking permits

30.  The Lieutenant Governor in Council may make regulations,

(a) prescribing any form for the purposes of this Part and requiring its use;

(b) respecting the issuance, renewal, cancellation, replacement and disposal of accessible parking permits;

(c) prescribing the requirements for obtaining an accessible parking permit;

(d) prescribing the period of time or the method of determining the period of time during which accessible parking permits shall be in force;

(e) governing the manner of displaying accessible parking permits on or in vehicles;

(f) requiring the erection of signs and the placing of markings to identify designated parking spaces for the use of vehicles displaying an accessible parking permit, and prescribing the types, content and location of the signs and markings;

(g) prescribing the conditions of use of an accessible parking permit on land owned and occupied by the Crown;

(h) requiring and governing the surrender of accessible parking permits;

(i) providing for and governing the recognition of permits, number plates and other markers and devices issued by other jurisdictions as being equivalent to accessible parking permits issued under this Part.

(8)  The French version of subsection 71.1 (6) of the Act is repealed and the following substituted:

Règlement incorporant un autre document

(6)  Le règlement pris en application de l’alinéa (5) c) qui incorpore par renvoi un autre document peut prévoir que le renvoi à celui-ci vise également les modifications qui y sont apportées après la prise du règlement.

(9)  Subsection 84 (1) of the Act is amended by striking out “are in such a dangerous or unsafe condition as to endanger any person” at the end and substituting “are in a dangerous or unsafe condition”.

(10)  Subsection 84 (1.1) of the Act is amended by striking out “in such a dangerous or unsafe condition as to endanger any person” at the end and substituting “in a dangerous or unsafe condition”.

(11)  Subsections 109 (8.2), (8.3) and (9) of the Act are repealed.

(12)  Section 194 of the Act is repealed.

(13)  Subsection 210 (4) of the Act is repealed and the following substituted:

Report on accessible parking by-law conviction

(4)  Despite subsection (1), a judge, provincial judge or justice of the peace who makes a conviction under a municipal by-law passed for establishing a system of accessible parking under section 9, 10, 11 or 102 of the Municipal Act, 2001 or section 7, 8 or 80 of the City of Toronto Act, 2006 for the improper use of an accessible parking permit issued under section 26 or the clerk of the court in which the conviction is made shall promptly notify the Registrar of the conviction setting out the name and address of the person convicted, the number of the accessible parking permit used in the offence, the name and address of the person or organization in whose name the accessible parking permit is issued, the date the offence was committed and the provision of the by-law contravened.

(14)  Section 215 of the Act is repealed.

Metrolinx Act, 2006

4.  The French version of subsection 28 (2) of the Metrolinx Act, 2006 is amended by striking out “frais hors caisse” and substituting “frais hors trésorerie”.

Municipal Act, 2001

5.  (1)  Subsections 102 (1) and (2) of the Municipal Act, 2001 are repealed and the following substituted:

Accessible parking permits

(1)  If a municipality passes a by-law for establishing a system of accessible parking, the sole manner of identifying vehicles shall be an accessible parking permit issued and displayed in accordance with the Highway Traffic Act and the regulations made under it.

Designated parking spaces

(2)  Without limiting sections 9, 10 and 11, a local municipality may require the owners or operators of parking lots or other parking facilities to which the public has access, whether on payment of a fee or otherwise, to provide designated parking spaces for vehicles displaying an accessible parking permit and if it does so, the local municipality shall prescribe the conditions of use of the accessible parking permit and shall prohibit the improper use of the permit.

(2)  Section 427 of the Act is repealed and the following substituted:

Offence re accessible parking

427.  A by-law establishing a system of accessible parking shall provide that every person who contravenes the by-law is guilty of an offence and on conviction is liable to a fine of not less than $300.

Motorized Snow Vehicles Act

6.  (1)  Subsection 17 (1) of the Motorized Snow Vehicles Act is repealed and the following substituted:

Stopping for vehicles with red or red and blue lights

(1)  Every driver of a motorized snow vehicle shall immediately bring the motorized snow vehicle to a standstill for the purpose of complying with section 16 when approached by,

(a) a motorized snow vehicle with a flashing red light;

(b) a motorized snow vehicle with flashing red and blue lights;

(c) a motor vehicle with a flashing red light, operated by a police officer or conservation officer; or

(d) a motor vehicle with flashing red and blue lights, operated by a police officer.

(2)  Section 17 of the Act is amended by adding the following subsection:

Red and blue lights

(4)  No person except a police officer shall operate a motorized snow vehicle that is equipped with lamps that produce flashes of red and blue lights.

(3)  Subsection 20 (1) of the Act is amended by striking out “helmet that complies with the regulations” at the end and substituting “helmet that complies with the regulations and the chin strap of the helmet is securely fastened under the chin”.

Off-Road Vehicles Act

7.  (1)  The French version of clause (a) of the definition of “occupier” in section 1 of the Off-Road Vehicles Act is amended by striking out “possession de fait” and substituting “possession matérielle”.

(2)  Subsection 18 (1) of the Act is amended by striking out “with a flashing red light” at the end and substituting “with a flashing red light or with flashing red and blue lights”.

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

Red and blue lights on vehicle

(2.1)  No person, except a police officer, shall operate an off-road vehicle that is equipped with lamps that produce flashes of red and blue lights.

Shortline Railways Act, 1995

8.  (1)  Section 1 of the Shortline Railways Act, 1995 is amended by adding the following definition:

“industrial railway” means a railway that is operated totally within the confines of an industrial site or a mine; (“chemin de fer industriel”)

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

“shortline railway” means a railway within the legislative jurisdiction of the Province of Ontario, but does not include urban rail transit systems or industrial railways; (“chemin de fer d’intérêt local”)

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

“urban rail transit system” includes a street railway, tramway or light rail transit railway, the purpose of which is to transport the general public within an urban area or areas. (“réseau de transport en commun ferroviaire urbain”)

Commencement

Commencement

9.  This Schedule comes into force on the day the Good Government Act, 2009 receives Royal Assent.

Français

Explanatory Note

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