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Bill 132, Better for People, Smarter for Business Act, 2019

Sarkaria, Hon. Prabmeet Singh Associate Minister of Small Business and Red Tape Reduction

Royal Assent received. Statutes of Ontario 2019,

chapter 14

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Bill 132 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 132 and does not form part of the law.

Bill 132 has been enacted as

Chapter 14 of the Statutes of Ontario, 2019.

SCHEDULE

Foreign Cultural Objects Immunity from Seizure Act, 2019

The

Foreign Cultural Objects Immunity from Seizure Act is

repealed and the Foreign Cultural Objects Immunity from Seizure

Act, 2019 is enacted. The new Act prevents the commencement of any

proceedings and the enforcement of any remedies in Ontario that would have the

effect of depriving a designated institution or a carrier of custody or control

of a work of art or other cultural object from a foreign country, if certain

requirements are met. A designated institution must provide reports to the

Minister, if required to do so by the regulations.

Schedule

Local Planning Appeal Support Centre Repeal Act, 2019

The

Schedule dissolves the Local Planning Appeal Support

Centre and repeals the Local Planning Appeal Support

Centre Act, 2017 .

SCHEDULE

Ministry of Agriculture, FOod and Rural Affairs

Agricultural and Horticultural Organizations

Act

The

Schedule amends the Agricultural and Horticultural

Organizations Act . Currently, subsection 10 (3) of the Act requires

agricultural associations, agricultural societies and horticultural societies

incorporated or continued under the Act to give notice of their annual meetings

by mail and by publishing the notice in certain newspapers or periodicals. This

provision is amended so a particular means of giving notice is no longer

specified.

The

Schedule also repeals the following provisions of the Act:

section 12

(respecting the provision of security by certain board members),

section 31

(authorizing agricultural societies to pass by-laws prohibiting certain

activities on or near exhibition grounds),

section 39 (respecting the

affiliation of horticultural societies with the Ontario Horticultural

Association),

section 40 (authorizing horticultural societies to pass by-laws

respecting awarding prizes) and clause 41 (a) (authorizing the Lieutenant

Governor in Council to make regulations respecting horse races).

Agricultural Products Insurance Act, 1996

The

Schedule amends the Agricultural Products Insurance Act,

1996 with respect to the manner in which AgriCorp offers contracts of

insurance, the jurisdiction of the Agriculture, Food and Rural Affairs Appeal

Tribunal and the manner in which an appeal to the Tribunal is commenced. The

Act is also amended with respect to the Ontario Crop Insurance Fund to provide

that the money in the fund is not public money for the purposes of the Financial Administration Act and that AgriCorp may

financially manage the fund.

Animal Health Act, 2009

The

Schedule amends the Animal Health Act, 2009 by

repealing and substantively re-enacting subsections 67 (2), (3) and (4) and

sections 72, 73 and 74. These provisions are subject to repeal by

section 10.1

of the Legislation Act, 2006 on December 31, 2019.

These amendments would continue to provide for the repeal of the Bees Act, the Livestock Community

Sales Act and the Livestock Medicines Act on

a day to be proclaimed.

Beef Cattle Marketing Act

The

Schedule amends the Beef Cattle Marketing Act to

confer on the Minister of Agriculture, Food and Rural Affairs the power to make

regulations that is currently conferred on the Lieutenant Governor in Council.

The Act is also amended to remove reference to the Lieutenant Governor in

Council fixing the remuneration and allowance for expenses of inspectors and

price reporters appointed for the purposes of the Act and to amend certain

references to a specified federal statute.

Farm Products Grades and Sales Act

The

Schedule repeals the Farm Products Grades and Sales Act

and makes a consequential amendment to the Farm Products

Payment Act .

Farm Registration and Farm Organizations

Funding Act, 1993

The

Schedule makes a number of amendments to the Farm

Registration and Farm Organizations Funding Act, 1993 relating to the

administration of the Act, including providing for the appointment of a Crown

agency to administer the Act, the framework for issuing farming business

registration numbers and the procedures for applications, hearings and reviews

under the Act, including those relating to the accreditation of farm

organizations.

Fish Inspection Act

The

Schedule amends the Fish Inspection Act to allow

certain inspectors designated for the purposes of the Safe

Food for Canadians Act (Canada) to be declared inspectors for the

purposes of the Act. It also provides for the immediate repeal of

section 12 of

the Act, which relates to a federal Act which was repealed in 2019, and for the

repeal of the Act as a whole on a day to be proclaimed.

Food Safety and Quality Act, 2001

Currently,

penalties for offences under the Food Safety and Quality

Act, 2001 are determined by reference to whether the convicted person

has been previously convicted under other Acts listed in subsection 46 (3) of

the Act. The

Schedule amends that subsection to include a reference to the Safe Food for Canadians Act (Canada). A technical

amendment is also made to clause 46 (3) (

c) of the Act.

Livestock and Livestock Products Act

The

Schedule amends the Livestock and Livestock Products Act

to provide that regulations made under the Act that establish any grade name,

standard or grade may do so by incorporating a document by reference in such a

way as to reflect future changes to that document. The amendments provide that

this is permitted where the document is also incorporated by reference in a

regulation made under

an Act of Canada in such a way as to include future

changes to the document.

Livestock Medicines Act

The

Schedule amends the Livestock Medicines Act to

repeal provisions relating to the Livestock Medicines Advisory Committee.

Milk Act

The

Schedule amends the Milk Act to provide that

regulations made under the Act that establish grades or standards, grade names

or marks or various technical requirements for packaging may do so by

incorporating a document by reference in such a way as to reflect future

changes to that document. The amendments provide that this is permitted where the

document is also incorporated by reference in a regulation made under

an Act of

Canada in such a way as to include future changes to the document. The

Schedule

also makes various amendments to the French version of the Act.

SCHEDULE

Ministry of the Attorney General

Legislation Act, 2006

Section

72 of the Legislation Act, 2006 , respecting the

implications of a change in reigning sovereign, is re-enacted to restate the

default rule that a change of sovereign does not affect anything done or begun

under the previous sovereign, as well as to expressly confirm that it does not

affect Crown appointments or offices, or any related oaths or affirmations.

Public Officers Act

Sections

2 and 3 of the Public Officers Act , dealing with

the demise of the Sovereign, are repealed in light of the re-enactment of

section 72 of the Legislation Act, 2006 by this

Schedule.

SCHEDULE

Ministry of Colleges and Universities

Algoma University Act, 2008

Currently,

the Algoma University Act, 2008 provides that the

university may grant bachelor degrees only in certain programs. The Act is

amended to permit the university to confer bachelor degrees in any arts or

science program. A further amendment is made to permit the university to confer

degrees and award certificates and diplomas in any and all branches of

learning. Both amendments come into force on a day to be named by proclamation.

Ontario College of Art & Design University

Act, 2002

Currently,

the Ontario College of Art & Design University Act,

2002 provides that the only baccalaureate degrees the university may

grant are Bachelor of Fine Arts and Bachelor of Design degrees. The Act is

amended to permit the university to also confer a Bachelor of Arts degree and a

Doctor of Philosophy degree. A further amendment is made to permit the

university to confer degrees and award certificates and diplomas in any and all

branches of learning. Both amendments come into force on a day to be named by

proclamation.

SCHEDULE

Ministry of Economic development, Job Creation and Trade

Partnerships for Jobs and Growth Act, 2014

The

Schedule repeals the Partnerships for Jobs and Growth Act,

2014 .

SCHEDULE 7

Ministry of Energy, Northern Development and Mines

Mining Act

Various

amendments are made with respect to

Part VII of the Mining

Act . Amendments are made in several provisions to distinguish between

the submission by a proponent and filing by the Director of a closure plan or

an amendment to a closure plan. If a proponent submits an amendment to a

closure plan in respect of advanced exploration or mine production, the

Director is required to make a decision about filing the amendment no later

than 45 days after the submission.

Northern Services Boards Act

Part

II of the Northern Services Boards Act , which

currently provides for the establishment of area services boards, is repealed.

Consequential amendments are made to the City of Toronto

Act, 2006 , the Municipal Act, 2001 and the Ontario Municipal Employees Retirement System Act, 2006 .

In addition, a regulation made under the Northern Services

Boards Act relating to area services boards is revoked.

SCHEDULE

Ministry of the Environment, Conservation and Parks

Environmental Protection Act

The

Schedule makes various amendments to the Environmental

Protection Act , including amendments respecting administrative

penalties. Various provisions of the Act are repealed: provisions respecting

environmental penalties; provisions used to govern emissions from motor

vehicles; and the provision that provides for a process to be followed,

including the involvement of the Minister and a board of negotiation, when a

person complains that a contaminant is causing or has caused injury or damage

to livestock or to crops, trees or other vegetation which may result in

economic loss to the person.

Nutrient Management Act, 2002

The

Schedule adds provisions respecting administrative penalties to the Nutrient Management Act, 2002 .

Ontario Water Resources Act

The

Schedule amends the Ontario Water Resources Act in

respect of administrative penalties. Provisions of the Act respecting

environmental penalties are repealed.

Other

amendments to the Act relate to

section 34 of the Act, which prohibits the

taking of water in specified circumstances except in accordance with a permit

issued under the Act, subject to certain exceptions. The

Schedule adds an exception

for the taking of water for the purpose of constructing or operating a dam

within the meaning of the Lakes and Rivers Improvement Act

if the dam is associated with the production of electricity. The Minister is

given authority to make regulations deeming a permit or all permits in a

specified class to be revoked on a specified date, where the permit or permits

in the class relate to water takings that are exempted from subsection 34 (1).

Pesticides Act

The

Schedule repeals provisions of

section 7.1 of the Pesticides

Act , which currently prohibits the use of prescribed pesticides that may

be used for a cosmetic purpose, subject to specified exceptions. The repealed

provisions are replaced with provisions that prohibit the use of an active

ingredient unless the Director has determined that the active ingredient is

appropriate for use for a cosmetic purpose and has listed the active ingredient

in a prescribed document. Also, the provision of the Act that currently prohibits

the sale of prescribed pesticides is replaced with a provision that prohibits

the sale of pesticides unless they have been prescribed.

Provisions

that provide for the Pesticides Advisory Committee are repealed. Provisions

respecting administrative penalties are added to the Act.

Resource Recovery and Circular Economy Act,

The

Schedule makes various amendments to the Resource Recovery

and Circular Economy Act, 2016 relating to the Resource Productivity and

Recovery Authority. These amendments relate to the objects of the Authority,

the purposes of the Resource Productivity and Recovery Registry, the

application of certain provisions of

Part V of the Act and the authority to fix

amounts to be paid by the Authority to defray costs of the Crown.

Safe Drinking Water Act, 2002

The

Schedule adds provisions respecting administrative penalties to the Safe Drinking Water Act, 2002 .

Waste Diversion Transition Act, 2016

The

Schedule amends the Waste Diversion Transition Act, 2016

to address the distribution of property to the Resource Productivity and

Recovery Authority by an industry funding organization.

SCHEDULE

Ministry of Finance

Insurance Act

The

Schedule makes several amendments to the Insurance Act .

Here are some highlights:

1. Certain

publication requirements in the Act that refer to The Ontario Gazette are

updated to refer instead to the website of the Financial Services Regulatory

Authority of Ontario.

2. Provisions

that refer to organizations recognized under subsection 393 (14) of the Act are

amended to delete those references.

3. Various

provisions of the Act are repealed.

Pension Benefits Act

The

Schedule makes several amendments to the Pension Benefits Act . Here are some highlights:

1. Currently, subsection 8 (1) of the Act specifies the

persons, bodies and entities who are eligible to act as the administrator of a

pension plan. Clauses 8 (1) (

b) and (

c) are repealed and re-enacted as new 8

(1) (b). New clause 8 (1) (

c) provides that, if the pension plan is a single

employer jointly sponsored pension plan, the administrator may be a board of

trustees or any person, body or entity referred to in other specified clauses

of the subsection.

2. Subsection

10 (3) of the Act specifies the information that must be set out in the

documents that create and support a jointly sponsored pension plan. The

subsection is amended to require the documents to set out the powers and duties

of a board of trustees that is the administrator of a jointly sponsored pension

plan.

3. Currently,

subsection 27 (2) of the Act requires administrators to give former members and

retired members written statements. Subsection 27 (3) permits the Chief

Executive Officer to waive that requirement if he or she is satisfied that

there are reasonable and probable grounds to believe the former member or

retired member is missing. The subsection is re-enacted to permit the Chief

Executive Officer to waive the requirement if he or she is satisfied that the

administrator is unable to locate the former member or retired member after

making reasonable efforts to do so. A new subsection 27 (4) sets out factors

that the Chief Executive Officer must consider in determining whether the

administrator made reasonable efforts. New subsections 27 (5) and (6) provide that

the waiver is revoked and the administrator must promptly notify the Chief

Executive Officer if the administrator receives the contact information of the

missing former member or retired member.

4. Currently,

the Act establishes how spouses, including former spouses, may obtain a

statement of imputed value, for family law purposes, of a spouse’s pension

assets and provides for the transfer of a lump sum from the pension plan and

the division of the pension in specified circumstances. The

Schedule amends the

Act to provide the Financial Services Regulatory Authority of Ontario with

additional rule-making authority respecting certain aspects of a lump sum

transfer or division of a pension.

5. Various

amendments are made to the Act to address the manner in which a statement of

imputed value, for family law purposes, may be obtained if, on or after the

family law valuation date, the pension assets cease to be available, as well as

to provide for the transfer of a lump sum from a pension plan and the division

of a pension in situations where, on or after the family law valuation date,

the assets have been transferred to another pension plan. The

Schedule makes

consequential amendments to the Family Law Act ,

along with a housekeeping amendment.

Section

80.4 of the Act currently governs a conversion that is implemented through a

transfer of assets and liabilities from a single employer pension plan to

another pension plan that is a jointly sponsored pension plan. A new subsection

80.4 (11.1) provides that the application for the Chief Executive Officer’s

consent to the transfer may be made before the jointly sponsored pension plan

is registered under the Act. However, if the application for registration of

the jointly sponsored plan is not received by the Chief Executive Officer

within 90 days after the application for consent is made, the application for consent

is deemed not to have been made. A new subsection 80.4 (12.1) permits the Chief

Executive Officer to waive or vary the application of certain provisions of the

regulations that are made for the purposes of

section 80.4. A similar power is

added to

section 81.0.1.

7. The

Act is amended to further facilitate electronic communication by deeming

members and former members of a pension plan to consent to the receipt of

certain documents sent by the administrator in an electronic form, provided

certain conditions are met, including the ability of such members to request

that the administrator, at any time, send documents in another written form.

8. The

Act is amended to permit a pension plan administrator to send certain documents

containing personal information electronically, but only if such documents are

sent through a secure information system that requires the intended recipient

to identify themselves prior to accessing the document.

9. The

Act is amended to provide that the regulation-making authority set out in

subsection 115 (3) to adopt by reference and require compliance with a code,

formula, standard or procedure includes the power to adopt the code, formula,

standard or procedure as it may be amended from time to time.

SCHEDULE

Ministry of Government and Consumer Services

Repeals

The

Schedule repeals the Paperback and Periodical Distributors

Act and the Residential Complex Sales Representation

Act .

warrant provisions

The

Schedule amends 16 Acts administered by the Minister of Government and Consumer

Services to require that investigators who seize things under a search warrant

or in exigent circumstances report the seizure to a justice of the peace. The

Schedule also standardizes many of the provisions dealing with searches under a

warrant.

SCHEDULE

Ministry of Health

Ontario Drug Benefit Act

The

requirement in the Ontario Drug Benefit Act that

the executive officer prepare an annual report is repealed, retroactive to

April 1, 2016.

SCHEDULE

Ministry of Heritage, Sport, Tourism and Culture Industries

Public Libraries Act

Currently,

under subsection 10 (1) of the Public Libraries Act ,

a person must be a Canadian citizen to qualify to be appointed as a member of a

public library board. The

section is amended to provide that a person who is a

permanent resident of Canada may also qualify to be appointed as a member of a

board.

Currently,

subsection 16 (1) of the Act requires public library boards to hold regular

meetings once a month for at least 10 months each year. The subsection is

re-enacted to require boards to hold a minimum of seven regular meetings in

each year.

SCHEDULE

Ministry of Labour, Training and Skills development

Occupational Health and Safety Act

The

Schedule amends the Occupational Health and Safety Act

to repeal

section 34 and to amend a related cross-reference.

SCHEDULE

Ministry of Municipal Affairs and Housing

Building Code Act, 1992

The

Schedule amends subsection 27 (1) of the Building Code

Act, 1992 to provide that a notice or order required by the Act to be

served may be served by email to the last known email address of the person to

whom service is required to be made. The

Schedule also adds subsection 27 (3),

which sets out when service by email is deemed to have been made. The

Schedule

repeals subsections 34 (6) and (7) of the Act to remove the requirement for the

Minister of Municipal Affairs and Housing to initiate a review of the energy

and water conservation provisions of the building code every five years. The

Schedule also repeals

section 34.1 of the Act to dissolve the Building Code

Conservation Advisory Council.

Statute Labour Act

The

Schedule repeals the Statute Labour Act and makes

complementary amendments to various Acts. The

Schedule also amends the Statute Labour Act to add two new sections that come into

force before the Act is repealed.

Section 38 provides that a road commissioner

shall provide the Minister of Municipal Affairs and Housing with information

designated by the Minister at the times and in the manner and form designated

by the Minister.

Section 39 provides that the Minister may, by order, abolish

statute labour and the office of road commissioner in an area over which a

commissioner has jurisdiction and provide for the disposition of the assets and

liabilities of the office of road commissioner as the Minister considers

appropriate.

SCHEDULE

Ministry of Natural Resources and Forestry

Aggregate Resources Act

Various

amendments are made to the Aggregate Resources Act ,

including the following:

1. In

considering whether a licence for a pit or quarry under the Act should be

issued or refused, the Minister or Local Planning Appeal Tribunal cannot have

regard to ongoing maintenance and repairs to address road degradation that may

result from proposed truck traffic to and from the site.

2. New

provisions provide for the following specified provisions in zoning by-laws to

be inoperative:

i. restrictions

on the depth of extraction in specified circumstances, and

ii. prohibitions

against a site being used for the making, establishment or operation of pits

and quarries where the surface rights are the property of the Crown.

3. Several

amendments relating to licences and permits are made. Some of these amendments

were enacted as part of

Schedule 1 to the Aggregate

Resources and Mining Modernization Act, 2017 but not proclaimed into

force; these are reproduced in the

Schedule in order to allow for them to come

into force on the day the

Better for People, Smarter for Business Act, 2019

receives Royal Assent.

4. New

provisions are included to address the process for dealing with the following

circumstances in which changes to a licence or permit are desired:

i. where

a licensee wishes to lower the depth of extraction from above the water table

to below the water table, and

ii. where

a licensee or permittee wishes to expand the boundaries of the area subject to

a licence or permit into an adjacent road allowance.

Crown Forest Sustainability Act, 1994

The

Crown Forest Sustainability Act,

1994 is amended to allow the Minister to issue permits for the

removal of forest resources in cases where an activity requires the forest

resources to be removed and not be renewed for the duration of the activity.

Rules are established with respect to permits.

Subsections

11 (1) and (2) are amended to explicitly authorize the Minister to extend a

forest management plan. Subsection 11 (3) is updated to take into account

recent changes in the Endangered Species Act, 2007 .

Subsections 17 (3) to (6) are amended so that work schedules no longer have to

be approved by the Minister. Subsection 26 (2) is amended to provide the

Minister with the discretion to extend or not a sustainable forest licence and

subsection 41.2 (1) is amended to expand the limitation on remedies against the

Crown.

Various

obsolete transition provisions related to the Crown Timber

Act are repealed and certain provisions requiring the Minister to

provide reports to the Lieutenant Governor in Council and to table the reports

in the Legislative Assembly are replaced with a requirement for the Minister to

make the reports available to the public.

Fish and Wildlife

Conservation Act, 1997

The

Fish and Wildlife Conservation Act, 1997 is amended

to provide the Minister with the power to issue an order establishing wildlife

disease control and surveillance zones to assist in controlling or eradicating

wildlife diseases that may have serious adverse impacts on wildlife or

minimizing the impacts of those diseases in Ontario. The order will set out

requirements, restrictions or prohibitions that apply within the zones such as

prohibitions or restrictions against hunting, trapping or possession of

wildlife within the zone as well as requirements to submit information. The

Lieutenant Governor in Council is also given a new regulation making power

respecting wildlife diseases. New rules regarding the safekeeping of seized

things are added in subsections 92 (3) to (3.3).

Freshwater Fish Marketing Act (Ontario)

The

Schedule repeals the Freshwater Fish Marketing Act

(Ontario) and Regulation 463 (General) made under the Act.

Lakes and Rivers Improvement Act

The

Schedule makes changes to the regulation making powers in

section 3 of the Lakes and Rivers Improvement Act . The Minister is given

the power to make regulations with respect to the assessment and management of

impacts on fish, wildlife and other natural resources resulting from the

construction, operation or changes to a dam associated with the production of

electricity.

Oil, Gas and Salt Resources Act

The

Schedule amends the Oil, Gas and Salt Resources Act

to allow a person, who meets any prescribed qualifications and in the

prescribed circumstances, to undertake certain activities in relation to a well

without a licence if the person does so in accordance with any prescribed

terms, conditions, restrictions and requirements. The definition of well in the

Act is expanded to clarify the meaning of geological evaluations and testing.

New subsection 13 (1.1) provides that, in the prescribed circumstances, the

Minister shall grant a licence to an applicant who meets any prescribed

qualifications. Subsections 13 (1) and (2) and

section 14 of the Act are

expanded by requiring the Minister to provide a notice of proposal to persons

that will be affected by the Minister’s decisions under those subsections.

Those persons will now have 30 days to ask the Minister for a referral. The

Minister is no longer required to submit to the Lieutenant Governor in Council

or table in the Legislative Assembly the Trust’s report on its financial

affairs. However, the Trust will have to make the report available to the

public. The Lieutenant Governor in Council’s regulation-making powers are also

amended in

section 17.

Public Lands Act

The

Schedule adds a new subsection to

section 21.1 of the Public

Lands Act specifying that a regulation made under that

section may

restrict a common law right of passage over a road or road allowance on Crown

lands.

Section 36 is re-enacted to update the timing of the Minister’s

transmission of lists to the Municipal Property Assessment Corporation.

Subsection 50 (1) of the act is amended to add nuisance to those matters that

would not give rise to a liability for damages against the Crown. The methods

for closing a road set out in

section 52 of the Act are amended to allow for notice

to be provided electronically and to remove the requirement that barricades

include lights. Subsection 68.1 (2) of the Act is amended to allow the Minister

to release by order certain reservations or interests of the Crown on public

lands that have been disposed of by the Crown.

SCHEDULE

Ministry of Transportation

Highway 407 Act, 1998

The

Schedule amends the Highway 407 Act, 1998 .

Currently,

the owner of Highway 407 may charge a fee for the purposes of recovering costs

associated with a person’s failure to pay a Highway 407 toll or fee. That fee

requires a separate invoice from the initial invoice for the toll or fee and,

if that fee is not paid, it also requires a separate notice of failure to pay

and a separate process with respect to non-validation of the person’s vehicle

permit.

The

Schedule provides that if a Highway 407 toll and the related fees and interest

are not paid, the notice of failure to pay shall inform the person that if the

amounts owing are not paid within 90 days, an enforcement fee may be charged in

addition to the other consequences. The enforcement fee could then be charged

without a further invoice, without further notice of failure to pay and with a

single process with respect to non-validation of the person’s vehicle permit.

Consequential,

related and technical amendments are made.

Highway 407 East Act, 2012

The

Schedule amends the Highway 407 East Act, 2012 .

Currently,

the person or entity authorized to collect and enforce the payment of tolls,

related fees and interest for Highway 407 East may charge a fee for the

purposes of recovering costs associated with a person’s failure to pay a

Highway 407 East toll or fee. That fee requires a separate invoice from the

initial invoice for the toll or fee and, if that fee is not paid, it also

requires a separate notice of failure to pay and a separate process with

respect to non-validation of the person’s vehicle permit.

The

Schedule provides that if a Highway 407 East toll and the related fees and

interest are not paid, the notice of failure to pay shall inform the person

that if the amounts owing are not paid within 90 days, an enforcement fee may

be charged in addition to other consequences. The enforcement fee could then be

charged without a further invoice, without further notice of failure to pay and

with a single process with respect to non-validation of the person’s vehicle

permit.

Consequential

and related amendments are made.

Highway Traffic Act

The

Schedule amends the Highway Traffic Act to enable

emissions from motor vehicles to be governed under that Act.

The

Schedule also amends the Act to enable municipalities to allow all or some

off-road vehicles to be driven on municipal highways, subject to regulations.

Related

and technical amendments are made.

Bill 132 2019

Act to reduce burdens on people and businesses by enacting, amending and

repealing various Acts and revoking various Regulations

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Foreign

Cultural Objects Immunity from Seizure Act, 2019

Schedule 2

Local

Planning Appeal Support Centre Repeal Act, 2019

Schedule 3

Ministry

of Agriculture, Food and Rural Affairs

Schedule 4

Ministry

of the Attorney General

Schedule 5

Ministry

of Colleges and Universities

Schedule 6

Ministry

of Economic Development, Job Creation and Trade

Schedule 7

Ministry

of Energy, Northern Development and Mines

Schedule 8

Ministry

of the Environment, Conservation and Parks

Schedule 9

Ministry

of Finance

Schedule 10

Ministry

of Government and Consumer Services

Schedule 11

Ministry

of Health

Schedule 12

Ministry

of Heritage, Sport, Tourism and Culture Industries

Schedule 13

Ministry

of Labour, Training and Skills Development

Schedule 14

Ministry

of Municipal Affairs and Housing

Schedule 15

Ministry

of Natural Resources and Forestry

Schedule 16

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 this Act

1 This Act consists of this section, sections 2 and 3 and

the Schedules to this Act.

Commencement

(1) Subject to subsections (2) and (3), this

Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any provisions are to come into force on a

day to be named by proclamation of the Lieutenant Governor, a proclamation may

apply to one or more of those provisions, and proclamations may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Better for People, Smarter for Business Act, 2019 .

SCHEDULE 1

Foreign Cultural Objects Immunity from Seizure Act, 2019

Definitions

this Act,

“designated

institution” means an institution designated by the regulations under this Act;

(“établissement désigné”)

“Minister”

means the member of the Executive Council to whom responsibility for the

administration of this Act is assigned or transferred under the Executive Council Act ; (“ministre”)

“prescribed”

means prescribed by the regulations made under this Act; (“prescrit”)

“proceeding”

means any proceeding, and includes an arbitral, administrative or court

proceeding. (“instance”)

Immunity

(1) No

proceeding shall be commenced and no judgment, decree, order, warrant or any

other remedy shall be enforced in Ontario for the purpose of or having the

effect of depriving a designated institution of custody or control of a work of

art or other cultural object while that work or object is in Ontario, if,

(

a) the work or object is from a foreign

country and is brought into Ontario pursuant to an agreement between the

foreign owner or custodian of the work or object and the designated institution

providing for the temporary exhibition or display of the work or object in

Ontario that is administered, operated or sponsored by the designated

institution; and

(

b) the

prescribed requirements are met.

Same,

carrier

(2) No

proceeding shall be commenced and no judgment, decree, order, warrant or any

other remedy shall be enforced in Ontario for the purpose of or having the

effect of depriving a carrier engaged in transporting a work of art or other

cultural object of custody or control of that work or object while that work or

object is in Ontario, if,

(

a) the

work or object is from a foreign country and is brought into Ontario pursuant

to an agreement between the foreign owner or custodian of the work or object

and a designated institution providing for the temporary exhibition or display

of the work or object in Ontario that is administered, operated or sponsored by

the designated institution; and

(

b) the

prescribed requirements are met.

Proceedings

in respect of agreements not precluded

(3) Subsections

(1) and (2) do not preclude any proceeding in respect of any agreement referred

to in clause (1) (

a) or (2) (

a) or any agreement with respect to the transport

of a work of art or other cultural object to which subsection (1) or (2)

applies.

Reports

designated institution shall, if required to do so by the regulations, provide

reports to the Minister at the prescribed times and in the prescribed form.

Regulations

The

Minister may make regulations providing for any matters which, in the opinion

of the Minister, are necessary or advisable for the purposes of this Act,

including,

(

a) prescribing

anything required to be or referred to in this Act as being prescribed by the

regulations;

(

b) designating

institutions for the purpose of the definition of “designated institution” in

section 1;

(

c) governing

transitional matters that may arise due to the enactment of this Act and the

repeal of the Foreign Cultural Objects Immunity from

Seizure Act .

Repeal

The Foreign Cultural Objects Immunity from Seizure Act

is repealed.

Commencement

The Act set out in this

Schedule comes into force on a day named by

proclamation of the Lieutenant Governor.

Short

title

The

short title of the Act set out in this

Schedule is the Foreign Cultural Objects Immunity from Seizure Act, 2019 .

Schedule 2

Local Planning Appeal Support Centre Repeal Act, 2019

Dissolution

of Centre

The

Local Planning Appeal Support Centre is dissolved.

Repeal

of this Act

This Act is repealed.

Repeal

of Local Planning Appeal Support Centre Act, 2017

The Local Planning Appeal Support Centre Act, 2017

is repealed.

Commencement

(1) Subject to subsection (2), the Act set out in this

Schedule

comes into force on the day the Better for People, Smarter

for Business Act, 2019 receives Royal Assent.

(2) Section

2 comes into force six months after the day on which the Better

for People, Smarter for Business Act, 2019 receives Royal Assent.

Short

title

The

short title of the Act set out in this

Schedule is the Local Planning Appeal Support Centre Repeal Act, 2019 .

SCHEDULE 3

Ministry of Agriculture, FOod and Rural Affairs

Agricultural

and Horticultural Organizations Act

Subsection 10 (3) of the Agricultural and Horticultural

Organizations Act is repealed and the following substituted:

Notice

of annual meeting

(3) At

least two weeks notice of the annual meeting shall be given to each member of

the organization.

Sections 12, 31, 39 and 40 and clause 41 (

a) of the Act are repealed.

Agricultural

Products Insurance Act, 1996

Section 2.1 of the Agricultural Products Insurance Act,

1996 is repealed and the following substituted:

Contracts

of insurance

2.1

(1) AgriCorp

shall offer contracts of insurance for agricultural products.

Newly

designated product

(2) If

a product is designated as an agricultural product, AgriCorp shall offer

contracts of insurance in respect of the agricultural product as soon as

reasonably possible after the designation.

Formerly

designated product

(3) If

the designation of a product as an agricultural product is revoked, AgriCorp

shall cease offering contracts of insurance in respect of the product as soon

as reasonably possible after the revocation.

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

Terms

of contracts of insurance

(1) AgriCorp

shall fix the terms of contracts of insurance, subject to subsection (1.1).

Ministerial

approval

(1.1) AgriCorp

shall obtain the approval of the Minister before,

(

a) offering

any new standard form contracts of insurance; or

(

b) making

any changes to an existing standard form contract of insurance that affects,

(

i) the

premium charged under the contract of insurance,

(ii) the

risks insured under the contract of insurance, or

(iii) any

other aspect of a contract of insurance that the Minister may direct.

(1) Subsection 10 (1) of the Act is repealed and the following

substituted:

Appeal

to tribunal

(1) A

person aggrieved by a decision of AgriCorp in relation to a contract of

insurance, including a decision of whether to enter into a contract of

insurance, may appeal that decision to the Tribunal.

(2) Subsection

10 (2) of the Act is amended by striking out “the other party within the time

specified by the regulations made under this Act” and substituting “any person

specified by the regulations made under this Act within the time specified by

the regulations”.

(3) Subsection

10 (4) of the Act is amended by adding “final and” before “binding”.

(4) Subsection

10 (5) of the Act is repealed.

Section 11 of the Act is amended by adding the following subsections:

Not

public money

(2.1) The

money that AgriCorp collects in performing its functions under this Act, and

any interest accrued from investing that money, shall not be considered public

money for the purposes of the Financial Administration Act .

Management

of Fund

(2.2) AgriCorp

may financially manage the Fund.

(1) Section 11.1 of the Act is amended by striking out the portion

before clause (

a) and substituting the following:

Regulations

by Minister

11.1 The Minister may make

regulations respecting any matter necessary or advisable to carry out

effectively the purpose or intent of this Act including,

. . . .

(2) Section

11.1 of the Act is amended by adding the following clause:

(a.1) governing

the manner in which appeals under

section 10 may be commenced, including

anything referred to in subsection 10 (2) as being specified by the

regulations;

Sections 12 and 13 of the Act are repealed.

Animal

Health Act, 2009

(1) Paragraph 1 of subsection 12 (1) of the Animal

Health Act, 2009 is repealed and the following substituted:

1. A

licence with respect to,

i. commercial

operations that receive and handle animals for the purpose of sale or

distribution or for the purpose of feeding, watering or resting animals while

in transit,

ii. the

sale or offering for sale of livestock by public auction held at an established

place of business where livestock is assembled for the purpose, or

iii. such

other activities for the purposes of animal health monitoring and control as

may be prescribed.

(2) Subsection

(1) only applies if

section 13 of

Schedule 3 to the Better

for People, Smarter for Business Act, 2019 is in force and

section 14 of

Schedule 3 to the Better for People, Smarter for Business

Act, 2019 has not come into force.

(3) Paragraph

1 of subsection 12 (1) of the Act is repealed and the following substituted:

1. A

licence with respect to,

i. commercial

operations that receive and handle animals for the purpose of sale or

distribution or for the purpose of feeding, watering or resting animals while

in transit,

ii. the

control and regulation of the sale of livestock medicines, including places

where livestock medicines are sold or offered for sale or distribution, or

iii. such

other activities for the purposes of animal health monitoring and control as

may be prescribed.

(4) Subsection

(3) only applies if

section 14 of

Schedule 3 to the Better

for People, Smarter for Business Act, 2019 is in force and

section 13 of

Schedule 3 to the Better for People, Smarter for Business

Act, 2019 has not come into force.

(5) Paragraph

1 of subsection 12 (1) of the Act, as re-enacted by subsection (1) or (3), is

repealed and the following substituted:

1. A

licence with respect to,

i. commercial

operations that receive and handle animals for the purpose of sale or

distribution or for the purpose of feeding, watering or resting animals while

in transit,

ii. the

control and regulation of the sale of livestock medicines, including places

where livestock medicines are sold or offered for sale or distribution,

iii. the

sale or offering for sale of livestock by public auction held at an established

place of business where livestock is assembled for the purpose, or

iv. such

other activities for the purposes of animal health monitoring and control as

may be prescribed.

(6) Subsection

(5) only applies if sections 13 and 14 of

Schedule 3 to the Better for People, Smarter for Business Act, 2019 are

both in force.

Subsections 67 (2), (3) and (4) and sections 72, 73 and 74 of the Act are

repealed.

(1) Subsection 75 (2) of the Act is amended by striking out “section

74” and substituting “section 14 of

Schedule 3 to the Better

for People, Smarter for Business Act, 2019 ”.

(2) Subsection

75 (3) of the Act is amended by striking out “section 72” and substituting

“section 12 of

Schedule 3 to the Better for People,

Smarter for Business Act, 2019 ”.

(3) Subsection

75 (4) of the Act is amended by striking out “section 73” and substituting

“section 13 of

Schedule 3 to the Better for People,

Smarter for Business Act, 2019 ”.

Bees

Act

The Bees Act is repealed.

Livestock

Community Sales Act

The Livestock Community Sales Act is repealed.

Livestock

Medicines Act

The Livestock Medicines Act is repealed.

Beef

Cattle Marketing Act

Subsection 4 (1) of the Beef Cattle Marketing Act

is amended by striking out “Lieutenant Governor in Council” and substituting

“Minister”.

(1) Subsection 5 (1) of the Act is amended by striking out

“Lieutenant Governor in Council” in the portion before clause (

a) and

substituting “Minister”.

(2) Clauses

5 (1) (c.1) and (

d) of the Act are amended by striking out “ Farm Products Marketing Agencies Act (Canada)” wherever

it appears and substituting in each case “ Farm Products

Agencies Act (Canada)”.

Clause 5.1 (1) (

a) of the Act is amended by striking out “ Farm

Products Marketing Agencies Act (Canada)” and substituting “ Farm Products Agencies Act (Canada)”.

Section 6 of the Act is amended by striking out “and the Lieutenant Governor in

Council may fix their remuneration and allowance for expenses” at the end.

Farm

Products Grades and Sales Act

The Farm Products Grades and Sales Act is repealed.

Farm

Products Payment Act

Paragraph 1 of clause 7 (1) (

b) of the Farm Products

Payment Act is repealed.

Farm Registration and Farm Organizations

Funding Act, 1993

21 The Farm Registration

and Farm Organizations Funding Act, 1993 is amended by adding the

following heading before

section 1:

Definitions, Appointment of Director

22 The Act is amended by adding the following

section:

Appointment of Director

1.1

(1) The Minister shall appoint a

Director for the purposes of this Act unless,

(

a) the administration of the provisions of

this Act and the regulations that refer to the Director have been delegated to

a Farm Registration Administrator; or

(

b) the Minister has designated a Crown

agency under

section 31.13.

Same

(2) If the administration of any

provisions of this Act and the regulations are delegated to a Farm Registration

Administrator, the Farm Registration Administrator shall appoint a Director

from among its employees to perform any duty or exercise any power under those

provisions.

Same

(3) If the Minister designates a

Crown agency under

section 31.13, the Crown agency shall appoint a Director

from among its employees for the purposes of this Act.

Same

(4) An appointment made under this

section may be subject to such conditions as the person making the appointment

considers necessary.

References to Director

(5) For the purposes of this Act, a reference

to the Director in a provision is a reference to the Director appointed by the

Minister, by a Farm Registration Administrator or by the Crown agency

designated under

section 31.13, as determined in accordance with the following

rules:

1. If a Farm Registration Administrator

has been delegated responsibility for the administration of the provision, the

reference is to the Director appointed by the Farm Registration Administrator

for the purposes of that provision.

2. Absent any delegation of the administration

of the provision to the Farm Registration Administrator, the reference is to,

i. the Director appointed by the

Crown agency designated under

section 31.13, or

ii. if no Crown agency has been

designated under that section, the Director appointed by the Minister.

23 Sections 2 and 3 of the Act are repealed and

the following substituted:

Farming Business Registration Numbers

Requirement to obtain farming business

registration number

(1) A person who carries on a

farming business shall obtain a farming business registration number from the

Director in accordance with the regulations if the annual gross income from the

farming business, as determined in accordance with the regulations, is equal to

or greater than the prescribed amount.

Obtaining a farming business registration

number

(2) A person who is required to

obtain a farming business registration number shall do so in accordance with

the regulations.

Assignment of registration number

(3) The Director shall assign

farming business registration numbers in accordance with the regulations.

Validity of registration number

(4) A farming business registration

number expires at such time as set out in or determined in accordance with the

regulations.

Renewal of registration number

(5) A person who holds a farming

business registration number shall renew it in accordance with the regulations

at such time as may be determined by regulations.

Use of information

3 The Ministry may use the information obtained

under this Act to develop policies and programs for the advancement of

agriculture, food and rural affairs for the Ministry, to develop and implement

methods of distributing information about the policies and programs, to develop

mailing lists and for the prescribed purposes.

24 (1) Subsections 4 (2) and (3) of

the Act are repealed.

(2) Subsection 4 (4) of the Act is

repealed and the following substituted:

Notice

(4) The Tribunal shall give written

notice of all applications under this

section to any prescribed persons.

25 (1) Subsection 5 (1) of the Act

is amended by striking out “or whether an organization’s accreditation is to be

renewed” at the end.

(2) Subsection 5 (3) of the Act is

amended by striking out “or renewal of accreditation”.

26 (1) Subsection 6 (1) of the Act

is amended by adding “applying for accreditation” after the words “that the

organization” wherever it appears.

(2) Subsection 6 (2) of the Act is

amended by striking out “three years starting at the prescribed time” and

substituting “the prescribed period”.

(3) Section 6 of the Act is amended

by adding the following subsection:

Service

(3) The Tribunal shall serve a copy

of the order or decision made under this

section on the organization applying

for accreditation and any prescribed person.

Section 7 of the Act is repealed and the

following substituted:

Renewal

(1) Any accredited farm organization

may apply to the Tribunal for a renewal of its accreditation if it does so

during the prescribed period.

Preserving status

(2) The accreditation of an accredited

farm organization that applies for a renewal of the accreditation during the

prescribed period remains in effect until the Tribunal makes its order or

decision pursuant to the application.

Notice

(3) The Tribunal shall give written

notice of all renewal applications under this

section to any prescribed

persons.

Hearing on application

7.1

(1) The Tribunal shall hold a

hearing before determining whether an accredited farm organization’s

accreditation is to be renewed.

Submissions

(2) Any person or organization

entitled to notice of a renewal application may make submissions in a hearing

relating to whether the organization’s accreditation is to be renewed.

Party

(3) The accredited farm organization

seeking a renewal of its accreditation is a party to the hearing.

Order on application

7.2

(1) If the Tribunal determines that

the organization meets the prescribed criteria for an accredited farm

organization, the Tribunal shall, by order, renew its accreditation.

Term of accreditation

(2) The accreditation of a farm

organization, as renewed by the Tribunal, is in effect for the prescribed

period.

Order on application for renewal of

accreditation

7.3

(1) If the Tribunal determines that

an organization no longer meets the prescribed criteria for an accredited farm

organization, the Tribunal may,

(

a) refuse to renew the organization’s

accreditation; or

(

b) issue, by order, a provisional

accreditation and require the organization to meet specified conditions within

a specified period of time in order to have its accreditation renewed.

Same

(2) The Tribunal may provide that an

organization that has been issued a provisional accreditation is not entitled

to be forwarded payments under subsection 21 (3).

Further hearing

(3) If an organization that has been

issued a provisional accreditation does not meet the specified conditions

within the specified period of time, the Tribunal may, after holding a hearing

under

section 7.1, make a further order under subsection (1).

Non-renewal of accreditation

(4) An order refusing to renew an

organization’s accreditation takes effect on the date set out in the order.

Service

(5) The Tribunal shall serve a copy

the order or decision made under this

section on the organization applying for

renewal and any prescribed person.

Suspended payments

(6) The following rules apply if the

Tribunal, under subsection (2), suspended the forwarding of payments to the

organization:

1. If the accreditation is renewed, any

payments that were not forwarded to the organization shall be forwarded to the

organization.

2. If the accreditation is not renewed,

any payments that were not forwarded to the organization shall be returned to

the person who made the payment in order to be re-directed to another

accredited farm organization.

28 Subsection 8 (3) of the Act is repealed.

29 (1) Subsection 10 (2) of the Act

is repealed and the following substituted:

Same

(2) The Tribunal may provide that an

accredited farm organization that is required to meet specified conditions

within a specified period of time is not entitled to be forwarded payments

under subsection 21 (3) until the Tribunal issues an order finding that the

accredited farm organization has met the conditions within the period of time.

(2) Section 10 of the Act is amended

by adding the following subsections:

Service

(5) The Tribunal shall serve a copy

of the order or decision made under this

section on the organization affected

by the order or decision and any prescribed person.

Suspended payments

(6) The following rules apply if the

Tribunal, under subsection (2), suspended the forwarding of payments to the

organization:

1. If the accreditation is renewed, any

payments that were not forwarded to the organization shall be forwarded to the

organization.

2. If the accreditation is not renewed,

any payments that were not forwarded to the organization shall be returned to

the person who made the payment in order to be re-directed to another

accredited farm organization.

30 (1) Subsection 11 (4) of the Act

is amended by striking out “on the Ministry, the organization that made the

application and the remaining accredited farm organizations” and substituting

“on the Director, the organization that made the application and any prescribed

person”.

(2) Subsection 11 (6) of the Act is

amended by striking out “Ministry” wherever it appears and substituting in each

case “Director” and by striking out “it gets” and substituting “receiving”.

31 Sections 12 to 20 of the Act are repealed and the following

substituted:

Eligible Francophone Organization

Francophone organization

(1) One francophone organization

representing farmers in the Province may be eligible to receive special funding

under this Act if it,

(

a) serves the

socioeconomic and cultural interests of francophone farmers;

(

b) provides services to farming businesses

in the French language; and

(

c) meets the prescribed criteria for

eligibility.

Application for special funding

(2) A francophone organization

wishing to receive special funding shall apply to the Tribunal.

Notice

(3) The Tribunal shall give written

notice of all applications under this

section to any prescribed persons.

No application

(4) Despite subsection (2), the

Tribunal shall not accept any applications under this

section if there is a

francophone organization receiving special funding at the time of the

application.

Hearing on application

(1) The Tribunal shall hold a

hearing before determining whether the applicant francophone organization

should receive special funding.

Submissions

(2) A person or organization

entitled to notice of an application may make submissions in a hearing relating

to whether the francophone organization is eligible to receive special funding

and its ability to meet any criteria prescribed for the purposes of clause 12

(1) ( c).

Party

(3) The francophone organization

seeking to receive special funding is a party to the hearing.

Order on application

(1) If more than one organization

applies for special funding and the Tribunal determines that only one

organization meets the conditions for eligibility set out in subsection 12 (1),

the Tribunal shall, by order, declare it to be the organization to receive

special funding.

Several applicants

(2) If more than one organization

applies for special funding and the Tribunal determines that more than one

organization meets the conditions for eligibility set out in subsection 12 (1),

the Tribunal shall, by order, declare the organization that, in the Tribunal’s

opinion, best meets any criteria prescribed for the purposes of clause 12 (1) (

c) as the organization to receive special funding.

Service

(3) The Tribunal shall serve a copy

of any order or decision made under this

section on all francophone

organizations applying to receive special funding and any prescribed person.

Terms of eligibility for francophone

organization

(4) The francophone organization

shall receive special funding for the prescribed period of time.

Allocation of special funding to eligible

francophone organization

(5) The special funding shall be

allocated to the francophone organization in the prescribed manner.

Organization is accredited

(1) If the francophone organization

receiving special funding is accredited under this Act, it shall no longer

receive special funding.

One accreditation

(2) No other francophone

organization shall receive special funding while the francophone organization

referred to in subsection (1) is accredited.

Renewal

(1) The francophone organization

receiving special funding may apply to the Tribunal to continue to receive

special funding if it does so during the prescribed period.

Preserving status

(2) If the francophone organization

applies to continue to receive special funding during the prescribed period,

despite subsection 14 (4), the organization continues to receive special

funding until the Tribunal makes a decision in respect of the application.

Notice

(3) The Tribunal shall give notice

of all applications under this

section to any prescribed persons.

Hearing of application

(1) The Tribunal shall hold a

hearing before determining whether the francophone organization continues to be

eligible to receive special funding

Submissions

(2) Any person or organization

entitled to notice of the application may make submissions in a hearing

relating to whether the francophone organization is still eligible to receive

special funding.

Party

(3) The francophone organization

seeking to continue receiving special funding is a party to the hearing.

Order on application for renewal of eligibility

to receive special funding

(1) If the Tribunal determines that

the francophone organization no longer meets the conditions for eligibility set

out in subsection 12 (1), the Tribunal may, by order,

(

a) declare the francophone organization

ineligible to receive special funding; or

(

b) provide that the francophone

organization may continue to receive special funding if it meets specified

conditions within a specified period of time.

Provisional renewal of eligibility to receive

special funding

(2) In making an order under clause

(1) (b), the Tribunal may provide that the francophone organization is not to

receive special funding until it meets the specified conditions within the

specified period of time.

Further hearing

(3) If an order is made under clause

(1) (

b) and the francophone organization does not meet the specified conditions

within the specified time, the Tribunal may, after holding a hearing under

section 17, make a further order under subsection (1).

Non-renewal of eligibility to receive funding

(4) An order declaring that the

francophone organization is no longer eligible to receive special funding takes

effect on the date set out in the order.

Service

(5) The Tribunal shall serve a copy

of any order or decision made under this

section on the francophone

organization and any prescribed person.

Suspended payments

(6) The following rules apply if the

Tribunal, under subsection (2), suspended the receipt of special funding to the

francophone organization:

1. If the francophone organization is

found to be eligible, any suspended payments shall be paid to the francophone

organization.

2. If the francophone organization is

found to no longer be eligible, any suspended payments shall be returned to the

person who made the payment.

Review of eligibility

(1) If a panel of at least three

members of the Tribunal believes that the francophone organization is no longer

eligible for special funding, the chair may start a review of the

organization’s eligibility to receive special funding.

Notice

(2) The Tribunal shall give written

notice of any review under this

section to the francophone organization and to any

prescribed person.

Hearing on review

(1) If a review is started pursuant

section 19, the Tribunal shall hold a hearing before determining whether the

francophone organization continues to be eligible to receive special funding.

Party

(2) The francophone organization is

a party to the hearing.

Submissions

(3) Any person or organization

entitled to notice of the review may make submissions in a hearing relating to

whether the francophone organization is still eligible to receive special

funding.

Order respecting continued eligibility of

francophone organization

20.1 If the Tribunal determines that the francophone

organization no longer meets the conditions for eligibility set out in

subsection 12 (1), the Tribunal may make an order referred to subsection 18 (1)

and

section 18 applies, with necessary modifications, in respect of the order.

Relinquishing eligibility to receive special

funding

20.2

(1) A francophone organization may

apply to the Tribunal to no longer receive special funding.

Notice

(2) The Tribunal shall give any

prescribed persons written notice of every application that it receives under

this section.

Revocation by Tribunal

(3) The Tribunal shall, without a

hearing, make an order that the francophone organization shall no longer receive

special funding.

Service

(4) The Tribunal shall serve a copy

of the order on the francophone organization and any prescribed person.

Effective date

(5) The francophone organization

shall stop receiving special funding as of the date set out in the order.

Suspension of payment

(6) An accredited farm organization

may stop providing special funding to the francophone organization, as of the

date set out in the order referred to in subsection (3).

Section 21 of the Act is repealed and the

following substituted:

Payments to Accredited Farm Organizations

Payment

(1) Every person who is required to

obtain a farming business registration number under

section 2 shall make a

payment in the prescribed amount to an accredited farm organization.

Payment remitted to Director

(2) A payment required under

subsection (1) shall be remitted to the Director in accordance with the

regulations.

Forwarding payments to organizations

(3) The Director shall promptly

forward all payments received under subsection (2) to the appropriate

accredited farm organization in accordance with the regulations.

Administration fee

(4) The Director may charge a fee to

accredited farm organizations in the prescribed amount for anything done by the

Director under this Act.

Revoking farming business registration number

(5) The Director may revoke a

farming business registration number that was assigned to a person under

subsection 2 (3) if the payment that was remitted to the Director under

subsection (2),

(

a) was remitted in the form of a cheque

that was subsequently returned with an indication that there were not

sufficient funds to cover the cheque; or

(

b) was remitted in a form other than a

cheque and ultimately all or part of the payment was not collected and was not

paid to the accredited farm organization.

Reassignment of registration number

(6) If a person’s farming business

registration number is revoked under subsection (5), the Director may assign a

farming business registration number to the person if the person makes the

payment that was required under subsection (1) and that payment is received in

full by the accredited farm organization.

Refund

(7) Despite subsection (1), any

person who makes a payment to an accredited farm organization under this

section may apply, within the prescribed time and in the prescribed manner, for

a refund of the payment.

Same

(8) Subject to subsection (9), an

accredited farm organization shall provide a refund to the person who made the

payment in accordance with the regulations.

Same

(9) A refund shall not be paid to a

person who does not have a valid farming business registration number.

No membership

(10) Payment to an accredited farm

organization under this

section does not confer membership in the accredited

farm organization.

33 (1) Subsection 22 (1) of the Act,

as re-enacted by subsection 8 (1) of

Schedule 1 to the Restoring

Ontario’s Competitiveness Act, 2019 , is amended by striking out

“registering the farming business” and substituting “obtaining a farming

business registration number” and by striking out “register the farming

business” and substituting “obtain a farming business registration number”.

(2) Subsection 22 (2) of the Act, as

re-enacted by subsection 8 (1) of

Schedule 1 to the Restoring

Ontario’s Competitiveness Act, 2019 , is amended by striking out

“registering the farming business” and substituting “obtaining a farming

business registration number” and by striking out “register the farming

business” and substituting “obtain a farming business registration number”.

(3) Subsection 22 (3) of the Act, as

re-enacted by subsection 8 (1) of

Schedule 1 to the Restoring

Ontario’s Competitiveness Act, 2019 , is amended by striking out

“registering the farming business” and substituting “obtaining a farming

business registration number” and by striking out “register the farming

business” and substituting “obtain a farming business registration number”.

(4) Subsection 22 (6) of the Act, as

re-enacted by subsection 8 (2) of

Schedule 1 to the Restoring

Ontario’s Competitiveness Act, 2019 , is amended by striking out

“registering a farming business” and substituting “obtaining a farming business

registration number” and by striking out “register the farming business” and

substituting “obtain a farming business registration number”.

34 The Act is amended by adding the following

section:

Designation of Crown Agency

Designation of Crown agency

31.13

(1) The Minister may designate a

Crown agency that meets the prescribed conditions to administer this Act.

Agency agreement required

(2) The Minister may not designate a

Crown agency under subsection (1) unless the Minister has entered into an

agreement with the prospective agency respecting the performance of its

functions under this Act.

Content of the agreement

(3) The agreement shall include all

such matters that the Minister considers necessary to ensure the effective

administration of this Act.

Previous administration

(4) The designation of a Crown

agency under this

section does not invalidate anything that was done by the

Minister, the Ministry or AgriCorp to administer this Act or the regulations

before the designation.

Revocation of designation

(5) The Minister may revoke the

designation made under subsection (1) after giving the Crown agency such notice

of his or her intention to revoke the designation as the Minister considers

reasonable.

Section 33 of the Act is repealed and the

following substituted:

Regulations, Lieutenant Governor in Council

(1) The Lieutenant Governor in

Council may make regulations,

(

a) prescribing the amount of annual gross

income for the purposes of

section 2 and respecting the manner of determining

the annual gross income and the period for which it is to apply;

(

b) defining any word or expression used in

this Act that has not already been expressly defined in this Act;

(

c) respecting any matter advisable to

carry out effectively the intent and purpose of the regulations made under this

subsection.

Regulations, Minister

(2) The Minister may make

regulations,

(

a) governing the manner in which farming

business registration numbers are obtained and assigned, including establishing

classes of farming business registration numbers, any forms to be used and any

relevant timeframes;

(

b) governing the imposition of conditions

on farming business registration numbers and any consequences of non-compliance

with those conditions;

(

c) requiring persons to pay a penalty for

failing to obtain a farming business registration number at the required time;

(

d) exempting persons from the requirement

of having to obtain a farming business registration number under

section 2,

including for a specified period of time, and prescribing the reasons for the

exemption and any conditions to be met in order to be exempt;

(

e) authorizing persons whose farming

business does not have a gross annual income equal to or greater than the

amount prescribed for the purposes of

section 2 to obtain a farming business

registration number, including for a specified period of time and prescribing

the reasons for the authorization and setting out any conditions that have to

be met in order to benefit from the authorization;

(

f) governing the validity of farming

business registration numbers, including their expiry and renewal;

(

g) prescribing purposes for which the

Ministry may use information obtained under this Act;

(

h) prescribing persons who are to be given

written notice of any hearing or review before the Tribunal under this Act or

who are to be served with a copy of any order or decision made by the Tribunal

under this Act;

(

i) respecting payments made to an

accredited farm organization under

section 21, including the amount of the

payments, the manner in which the payments are to be made and the refund of

such payments;

(

j) governing fees that may be charged to

accredited farm organizations under subsection 21 (4), including the amount of

fees and the manner in which they must be paid and the time at which they must

be paid;

(

k) respecting the question of whether a

farm organization provides its services to farming businesses in the French

language;

(

l) respecting the length of time for

which farm organizations are accredited and the length of time for which the

francophone organization is eligible to receive special funding;

(

m) prescribing the period during which an

application must be filed for the purposes of subsections 7 (1) and 16 (1);

(

n) respecting the criteria to be used for

accrediting farm organizations;

(

o) respecting criteria for eligibility for

special funding;

(

p) respecting allocation of money to the

francophone organization eligible for special funding;

(

q) respecting anything that this Act

requires or authorizes to be prescribed, or to be done in accordance with the

regulations, specified in the regulations or determined by the regulations,

unless the matter is referred to in subsection (1);

(

r) respecting any matter advisable to

carry out effectively the intent and purpose of the regulations made under this

subsection.

Same

(3) A regulation made under clause

(1) (

a) may provide that the manner of determining annual gross income be based

on the calculations required to be made under the Income

Tax Act (Canada).

Same

(4) A regulation made under clause

(2) (

a) may require different classes of persons to apply for a farming

business registration number at different times.

Same

(5) A regulation made under clause

(2) (

i) may require different classes of persons referred to in subsection 21

(1) to pay different amounts.

Same

(6) A regulation made under clause

(2) (

l) shall not set a term of less than three years.

Fish

Inspection Act

Subsection 2 (2) of the Fish Inspection Act is

amended by adding “or any class of persons designated as inspectors for the

purposes of the Safe Food for Canadians Act

(Canada)” after “ Fish Inspection Act (Canada)”.

Section 12 of the Act is repealed.

The Act is repealed.

Food

Safety and Quality Act, 2001

(1) Clause 46 (3) (

c) of the Food Safety and

Quality Act, 2001 is amended by striking out “before

section 58 comes

into force” at the end.

(2) Clause

46 (3) (

g) of the Act is amended by adding “the Safe Food

for Canadians Act (Canada)” after “ Plant Protection

Act (Canada)”.

Livestock

and Livestock Products Act

(1) Subsection 16 (3) of the Livestock and

Livestock Products Act is repealed and the following substituted:

Rolling

incorporation

(3) A

regulation made under this

section 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 if,

(

a) the

regulation, by reference to the document, establishes any grade name, standard

or grade; and

(

b) the

document is incorporated by reference in a regulation made under

an Act of

Canada that also provides that the reference to the document includes amendments

made to the document from time to time after the regulation is made.

(2) Subsection

16 (3.1) of the Act is repealed.

Livestock

Medicines Act

The definition of “Committee” in

section 1 of the Livestock

Medicines Act is repealed.

Section 2 of the Act is repealed.

Milk

Act

(1) The French version of paragraph 2 of subsection 7 (1) of the Milk Act is amended by striking out “assorties à chacune

d’entre elles” and substituting “dont chacune d’entre elles est assortie”.

(2) The

French version of paragraph 6 of subsection 7 (1) of the Act is amended by

striking out “l’application, le montant et l’emploi des pénalités” and

substituting “l’imposition, le montant et l’affectation des pénalités” and by

striking out “assortie au permis” and substituting “dont le permis est

assorti”.

(3) The

French version of paragraph 12 of subsection 7 (1) of the Act is repealed and

the following substituted:

12. exiger et prévoir que toute

personne ou catégorie de personnes qui se livre à la production, à la commercialisation

ou à la transformation d’un produit réglementé fournisse une sûreté, une preuve

de solvabilité ou un cautionnement d’exécution et prévoir l’administration, la

confiscation et l’emploi des sommes ou des sûretés concernées et de leur produit;

(4) The

French version of paragraph 13 of subsection 7 (1) of the Act is amended by

striking out “immédiats” and substituting “rapides”.

(5) The

French version of paragraph 20 of subsection 7 (1) of the Act is amended by

striking out “le recouvrement” and substituting “la perception”.

(6) The

French version of paragraph 23 of subsection 7 (1) of the Act is amended by

striking out “qui peuvent être exigibles”.

(7) The

French version of subparagraph 24 i of subsection 7 (1) of the Act is amended

by striking out “recouvrer” and substituting “percevoir”.

(8) The

French version of subparagraph 24 ii of subsection 7 (1) of the Act is amended

by striking out “jusqu’à concurrence de” and substituting “, qui ne peut pas

dépasser”.

(1) The French version of paragraph 5 of subsection 19 (1) of the

Act is amended by striking out “l’application, le montant et l’emploi des

pénalités” and substituting “l’imposition, le montant et l’affectation des

pénalités” and by striking out “assortie au permis” and substituting “dont est

assorti le permis”.

(2) The

French version of paragraph 6 of subsection 19 (1) of the Act is repealed and

the following substituted:

6. exiger

et prévoir que tout distributeur, toute catégorie de distributeurs ou toute

personne qui se livre à l’exploitation d’une usine ou d’une catégorie d’usines

fournisse une sûreté, une preuve de solvabilité ou un cautionnement

d’exécution;

(3) Subsection

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

Rolling incorporation

(3) A

regulation made under this

section 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 if,

(

a) the

regulation, by reference to the document, establishes grades or standards,

grade names or marks, requirements for packaging, packing, marking or labelling

or specifications for containers or packages; and

(

b) the

document is incorporated by reference in a regulation made under

an Act of Canada

that also provides that the reference to the document includes amendments made

to the document from time to time after the regulation is made.

(4) Subsection

19 (4) of the Act is repealed.

Commencement

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on the

day the Better for People, Smarter for Business Act, 2019

receives Royal Assent.

(2) Subsections

9 (1), (3) and (5) and sections 12 to 14, 21 to 35 and 38 come into force on a

day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 4

Ministry of the Attorney General

Legislation

Act, 2006

Section 72 of the Legislation Act, 2006 is repealed

and the following substituted:

Succession

(1) A

change of reigning sovereign does not affect anything done or begun under the

previous reigning sovereign, and all matters continue as if no succession had

occurred.

Same,

offices and oaths

(2) For

greater certainty, a change of reigning sovereign,

(

a) does

not affect any appointment or the holding of any office under the Crown; and

(

b) does

not require the retaking of any related oath or affirmation.

Public

Officers Act

Sections 2 and 3 of the Public Officers Act are

repealed.

Commencement

Commencement

This

Schedule comes into force on the day the Better for

People, Smarter for Business Act, 2019 receives Royal Assent.

SCHEDULE 5

Ministry of Colleges and Universities

Algoma

University Act, 2008

(1) Section 6 of the Algoma University Act,

2008 is repealed and the following substituted:

Degrees,

etc.

The

University may,

(

a) confer

bachelor degrees in any arts or science program; and

(

b) award

diplomas and certificates, except post-graduate diplomas and certificates, in

any and all branches of learning.

(2) Section

6 of the Act, as re-enacted by subsection (1), is repealed and the following

substituted:

Degrees,

etc.

The

University may confer degrees, including honorary degrees, and award

certificates and diplomas in any and all branches of learning.

The

Schedule to the Act is repealed.

Ontario

College of Art & Design University Act, 2002

(1) Subsection 4 (2) of the Ontario College of

Art & Design University Act, 2002 is repealed and the following

substituted:

Degrees,

diplomas

(2) The

University may confer,

(

a) the

diploma of Associate of the Ontario College of Art & Design University; and

(

b) the

degrees of,

(

i) Bachelor

of Arts, Bachelor of Fine Arts and Bachelor of Design,

(ii) Master

of Arts, Master of Fine Arts and Master of Design, and

(iii) Doctor

of Philosophy in respect of a program in Arts, Fine Arts or Design.

(2) Subsection

4 (2) of the Act, as re-enacted by subsection (1), and subsection 4 (3) are

repealed and the following substituted:

Degrees,

etc.

(2) Subject to subsection

(3), the University may confer degrees, including honorary degrees, and award

certificates and diplomas in any and all branches of learning.

Same

(3) The

authority of the University to confer credentials under subsection (2) shall be

exercised in a manner consistent with the objects of the University set out in

section 3.

Commencement

Commencement

This

Schedule comes into force on a day to be named by proclamation of the

Lieutenant Governor.

SCHEDULE 6

Ministry of Economic development, Job Creation and Trade

Partnerships

for Jobs and Growth Act, 2014

The Partnerships for Jobs and Growth Act, 2014 is repealed.

Commencement

Commencement

This

Schedule comes into force on the day the Better for

People, Smarter for Business Act, 2019 receives Royal Assent.

SCHEDULE 7

Ministry of Energy, Northern Development and Mines

City

of Toronto Act, 2006

The definition of “local body” in subsection 15 (5) of the City of Toronto Act, 2006 is amended by striking out “an

area services board, local services board” and substituting “a local services

board”.

Mining

Act

Subsection 52 (2.1) of the Mining Act is amended by

striking out “certified” and substituting “filed”.

The French version of

section 124 of the Act is amended by striking out “constables”

and substituting “agents de police”.

(1) The definition of “closed out” in subsection 139 (1) of the Act

is amended by adding “filed” before “closure plan”.

(2) The

definition of “closure plan” in subsection 139 (1) of the Act is repealed and

the following substituted:

“closure

plan” means a plan prepared under this Part to rehabilitate a site or mine

hazard; (“plan de fermeture”)

(3) The

definition of “rehabilitate” in subsection 139 (1) of the Act is amended by

striking out “measures, including protective measures, taken” in the portion

before clause (

a) and substituting “to take measures, including protective

measures”.

Subsection 139.1 (2) is amended by striking out “being subject to a closure

plan” and substituting “a filed closure plan”.

The heading before

section 140 and sections 140 and 141 of the Act are repealed

and the following substituted:

Advanced

Exploration and Mine Production — Closure Plans

Advanced

exploration

(1) No

proponent shall commence advanced exploration unless the following conditions

have been satisfied:

1. The

proponent has given a Notice of Project Status to the Director in the

prescribed manner and within the prescribed time period, if any.

2. If

the Director has required the proponent, within 45 days after receiving the

notice under paragraph 1, to give public notice of the advanced exploration,

the proponent has given public notice at the prescribed time and in the

prescribed manner.

3. The Director is satisfied that appropriate consultation

with Aboriginal communities has been carried out in accordance with the

regulations, which may include taking into account arrangements that have been

reached with Aboriginal communities potentially affected by the advanced

exploration.

4. After

the conditions set out in paragraphs 2 and 3 have been met, the proponent has

submitted to the Director a closure plan that,

i. includes

financial assurance as required under this Act and the regulations, and

ii. meets

any other prescribed requirements.

5. The

proponent has received written confirmation from the Director that the closure

plan has been filed.

Filing

or returning closure plan

(2) No

later than 45 days after a proponent has submitted a closure plan, the Director

shall,

(

a) file

the closure plan and give the proponent written confirmation that the closure

plan has been filed as of the date of the written confirmation; or

(

b) decide

not to file the closure plan and return it to the proponent for resubmission,

if the submitted closure plan does not meet the requirements of this Act and

the regulations.

Mine

production

(1) No

proponent shall commence mine production unless the following conditions have

been satisfied:

1. The

proponent has given a Notice of Project Status to the Director in the

prescribed manner and within the prescribed time period, if any.

2. The

proponent has given public notice at the prescribed time and in the prescribed

manner.

3. The

Director is satisfied that appropriate consultation with Aboriginal communities

has been carried out in accordance with the regulations, which may include

taking into account arrangements that have been reached with Aboriginal

communities potentially affected by the mine production.

4. After

the conditions set out in paragraphs 2 and 3 have been met, the proponent has

submitted to the Director a closure plan that,

i. includes

financial assurance as required under this Act and the regulations, and

ii. meets

any other prescribed requirements.

5. The

proponent has received written confirmation from the Director that the closure

plan has been filed.

Filing

or returning closure plan

(2) No

later than 45 days after a proponent has submitted a closure plan, the Director

shall,

(

a) file

the closure plan and give the proponent written confirmation that the closure

plan has been filed as of the date of the written confirmation; or

(

b) decide

not to file the closure plan and return it to the proponent for resubmission,

if the submitted plan does not meet the requirements of this Act and the

regulations.

Recommencing

after suspension, inactivity

141.1

(1) This

section applies in respect of a proponent who has a filed closure plan under

section 140 or 141 for a project if the project has been in a state of

temporary suspension or inactivity.

Prohibition

(2) A

proponent mentioned in subsection (1) shall not recommence the advanced

exploration or mine production after the temporary suspension or inactivity

unless the following conditions have been met:

1. The

proponent has given a new Notice of Project Status and, if applicable, a Notice

of Material Change to the Director, in the prescribed manner and within the

prescribed time period, if any.

2. An

amendment to the filed closure plan, if required under

section 143, has been

filed in accordance with that section.

Compliance

with filed closure plan

141.2 A proponent who has a

filed closure plan or a filed amendment to a closure plan shall comply with the

closure plan or the closure plan as amended, as the case may be.

The heading before

section 143 and

section 143 of the Act are repealed and the

following substituted:

Amendments,

Changes to Closure Plans

Amendments

proposed by proponent

(1) A

proponent shall not undertake advanced exploration or mine production

activities that are not included in and consistent with the proponent’s filed

closure plan for the project unless the following conditions have been

satisfied:

1. The

proponent has given a Notice of Material Change to the Director in the

prescribed manner.

2. If

the Director has required the proponent, within 45 days after receiving the

notice under paragraph 1, to give public notice of the proposed amendment, the

proponent has given public notice at the prescribed time and in the prescribed

manner.

3. The

Director is satisfied that appropriate consultation with Aboriginal communities

has been carried out in accordance with the regulations, which may include

taking into account arrangements that have been reached with Aboriginal

communities potentially affected by the activities.

4. After

the conditions set out in paragraphs 2 and 3 have been met, the proponent has

submitted to the Director an amendment to the closure plan that,

i. includes

financial assurance as required under this Act and the regulations, and

ii. meets

any prescribed requirements.

5. The

proponent has received written confirmation from the Director that the

amendment to the closure plan has been filed.

Amendments, ordered by Director

(2) The

Director may at any time, by order, require that the proponent submit, within

the time specified in the order and in accordance with the order, amendments to

a filed closure plan or amendments to filed amendments to a closure plan, which

may include requirements to increase the amount of financial assurance.

Filing

or returning of amendment to closure plan

(3) No

later than 45 days after a proponent has submitted an amendment to a closure

plan, the Director shall,

(

a) file

the amendment and give the proponent written confirmation that the amendment

has been filed as of the date of the written confirmation; or

(

b) decide

not to file the amendment and return it to the proponent for resubmission, if

the submitted amendment does not meet the requirements of this Act and the

regulations.

Specified

changes by order

143.1

(1) The

Director may at any time, by order, require changes to a filed closure plan or

to filed amendments to a closure plan.

Same,

mine hazard under s. 147 (1)

(2) If

a change ordered under subsection (1) is to a closure plan for a mine hazard

under subsection 147 (1) or to amendments to such a closure plan and the order

requires that a new

schedule for completing the rehabilitation of the mine

hazard be submitted, the following rules apply:

1. The

person affected by the order shall submit the new

schedule immediately.

2. The

portion of the order that requires the submission of a new

schedule for

completing the rehabilitation of the mine hazard shall not be,

i. referred

to an independent third party under subsection (3), or

ii. appealed

under clause 152 (1) (b).

Referral

to independent third party

(3) Subject

to paragraph 2 of subsection (2), if changes are required under subsection (1),

in addition to appealing any of them to the Tribunal under clause 152 (1) (b),

the proponent may, within 30 days after receiving the order requiring changes,

notify the Director of the desire to have any of them that are not appealed to

the Tribunal referred for a decision to an independent third party agreed upon

by the proponent and the Director.

agreement on third party

(4) If

the proponent and the Director are unable to agree on an independent third

party within 45 days after the Director receives the notice of referral under

subsection (3), the proponent who wishes to dispute the changes may appeal to

the Tribunal any of the changes that the proponent desired to have referred,

despite the 30 day period provided for appeal in subsection 152 (2), within 75

days after sending the notice of referral, failing which the changes that are

not appealed shall be deemed to be accepted by the proponent.

Costs

(5) All

costs incurred by an independent third party in connection with any work

performed pursuant to a referral shall be borne by the proponent.

Decision

final

(6) The

decision of an independent third party is final and binds the proponent and the

Director, and an amendment to the closure plan shall be deemed to have been

filed accordingly.

(1) Subsection 145 (1) of the Act is amended by striking out the

portion before paragraph 1 and substituting the following:

Form

and amount of financial assurance

(1) The

financial assurance required as part of a closure plan shall be in one of the

following forms and shall be in the amount specified in the closure plan or

amendment to a closure plan submitted to the Director, as the case may be:

. . . .

(2) Subsection

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

Director’s

order

(2) If

the Director has reasonable and probable grounds for believing that a

rehabilitation measure required by a filed closure plan in respect of which

financial assurance was given has not been or will not be carried out in

accordance with the plan, he or she may, by order, provide for the performance

of the rehabilitation measure in the manner set out in subsection (5).

(3) Clause

145 (4) (

a) of the Act is amended by striking out “filed” and substituting

“submitted”.

Subsection 147 (1) of the Act is amended by striking out “to file within the

time specified in the order a certified closure plan to rehabilitate the mine

hazard, and the proponent or prior holder shall file the certified closure

plan” and substituting “to submit within the time specified in the order a

closure plan to rehabilitate the site or mine hazard and the proponent or prior

holder shall submit the closure plan”.

(1) Subsection 152 (1) of the Act is repealed and the following

substituted:

(1) A

proponent may appeal to the Tribunal,

(

a) an

order requiring the submission of a closure plan under subsection 147 (1);

(

b) an

order requiring changes to a filed closure plan or to filed amendments to a

closure plan under

section 143.1; or

(

c) an

order for the performance of rehabilitation measures under subsection 145 (2).

(2) Subsection

152 (5) of the Act is amended by striking out “changes to a closure plan or to

amendments to a closure plan” and substituting “changes to a filed closure plan

or to filed amendments to a closure plan”.

(3) Subsection

152 (6) of the Act is amended by striking out “changes to a closure plan or to

amendments to a closure plan” and substituting “changes to a filed closure plan

or to filed amendments to a closure plan”.

(1) Subsection 153.2 (3) of the Act is amended by striking out “in

accordance with a closure plan or, where no closure plan has been filed, with

the prescribed standards for rehabilitation, the Director may order the

proponent to comply with the closure plan” and substituting “in accordance with

a filed closure plan or, where no closure plan has been filed, with the

prescribed standards for rehabilitation, the Director may order the proponent

to comply with the filed closure plan”.

(2) Subsection

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

Transfer

of closure plan

(6) A

proponent may transfer a filed closure plan to another person if the Director

has consented in writing to the transfer and the transfer is carried out in

(1) Clause 164 (2) (

a) of the Act is amended by striking out

“submitted” and substituting “filed, made or submitted”.

(2) Clause

164 (2) (

b) of the Act is amended by striking out “filed or made” and

substituting “filed, made or submitted”.

Subsection 176 (2) of the Act is amended by adding the following paragraph:

15. governing

transitional matters arising from the enactment of

Schedule 7 to the Better for People, Smarter for Business Act, 2019 that,

in the opinion of the Lieutenant Governor in Council, are necessary or

desirable to facilitate the implementation of the amendments to this Act made

by that Schedule.

Municipal

Act, 2001

(1) The definition of “local body” in subsection 19 (4) of the Municipal Act, 2001 is amended by striking out “an area

services board, local services board” and substituting “a local services

board”.

(2) The

definition of “local board” in clause 269 (1) (

b) of the Act is amended by

striking out “an area services board” at the beginning.

(3) Subsection

338 (2) of the Act is amended by adding “or” at the end of clause (c), by

striking out “or” at the end of clause (

d) and by striking out clause (e).

Northern

Services Boards Act

(1) Part II of the Northern Services Boards Act

is repealed.

(2) Ontario

Regulation 331/99 (Support for a Proposal to Establish an Area Services Board)

made under the Act is revoked.

Ontario Municipal Employees Retirement System

Act, 2006

Paragraph 5 of subsection 5 (1) of the Ontario Municipal

Employees Retirement System Act, 2006 is repealed.

Commencement

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on the

day the Better for People, Smarter for Business Act, 2019

receives Royal Assent.

(2) Sections

2 to 13 come into force on a day to be named by proclamation of the Lieutenant

Governor.

SCHEDULE 8

Ministry of the Environment, Conservation and Parks

Environmental

Protection Act

(1) The definition of “administrative penalty” in subsection 1

(1) of the Environmental Protection Act is amended by

striking out “182.3” at the end and substituting “182.1 or 182.4”.

(2) The

definition of “environmental penalty” in subsection 1 (1) of the Act is

repealed.

(3) The

definition of “Minister” in subsection 1 (1) of the Act is repealed and the

following substituted:

“Minister”

means the Minister of the Environment, Conservation and Parks or such other

member of the Executive Council as may be assigned the administration of this

Act under the Executive Council Act ; (“ministre”)

(4) The

definition of “regulated person” in subsection 1 (1) of the Act is repealed.

Clause 4 (1) (

h) of the Act is amended by striking out “under

Part VIII”.

Clause 9 (3) (

f) of the Act is amended by striking out “Part III” at the end

and substituting “section 75.1 of the Highway Traffic Act

or any other vehicle that uses or incorporates a motor as a source of power”.

(1) Subsection 14 (1) of the Act is amended by striking out “if the

discharge causes or may cause an adverse effect” at the end and substituting

“if the discharge causes or is likely to cause an adverse effect.”

(2) Subsection

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

Exception

(2) Subsection

(1) does not apply to a discharge of a contaminant that arises when animal

wastes are disposed of in accordance with normal farming practices, if the only

adverse effect that is caused or that is likely to be caused by the discharge

is an adverse effect referred to in clause (

a) of the definition of “adverse

effect” in subsection 1 (1).

Part III of the Act is repealed.

Subsection 143 (1) of the Act is amended by adding “or” after clause (

b) and by

striking out clause (c).

(1) Subsection 145.4 (1) of the Act is repealed.

(2) Subsection

145.4 (1.1) of the Act is amended by striking out “182.3 (13) (b)” and

substituting “182.1 (14) (c)”.

(3) Subsection

145.4 (2) of the Act is amended by striking out “Subject to subsection (1)” at

the beginning and by striking out “an environmental penalty or”.

Section 145.5 of the Act is repealed.

Clauses 156 (1) (

f) and (

g) of the Act are repealed.

10 (1) Clause 157 (1) (

b) of the Act

is revoked and the following substituted:

(

b) a

provision of an order under this Act, other than an order under

section 99.1,

100.1 or 150, an order to pay an administrative penalty or an order of a court;

(2) Subsection

157 (1) of the Act is amended by adding “or” at the end of clause (

c) and by

adding the following clause:

(

d) with respect to such

programs under this Act relating to resource recovery or waste as the Minister

may specify in a written direction under clause 24 (1) (

c) of the Resource Recovery and Circular Economy Act, 2016 ,

subsections 41 (5) and 50 (4) of that Act and any other prescribed provision of

that Act.

(3) Subsection

157 (1.1) of the Act is repealed.

(4) Subsection

157 (2) of the Act is amended by adding “and” at the end of clause (

b) and by

striking out clause (b.1).

Clause 162.3 (6) (

a) of the Act is amended by striking out “environmental

penalty” and substituting “administrative penalty”.

Subsections 166 (2) to (5) of the Act are repealed.

Section 172 of the Act is repealed.

Subsection 175.1 (1) of the Act is amended by adding the following clause:

(b.1) regulating

the quality of fuels and additives used or intended for use in fuels in

Ontario;

(1) Clause 176 (1) (

u) of the Act is amended by striking out “water

where” and substituting “water, places where”.

(2) Subsections

176 (2) and (2.1) of the Act are repealed.

Section 182.1 of the Act is repealed and the following substituted:

Administrative

penalties

182.1

(1) The

purpose of an administrative penalty issued under this Act is,

(

a) to

ensure compliance with this Act; and

(

b) to

prevent a person or entity from deriving, directly or indirectly, any economic

benefit as a result of non-compliance with this Act.

Order

by Director, provincial officer

(2) If

the Director or, in the circumstances prescribed by the regulations, a

provincial officer, is of the opinion that a person has committed a

contravention prescribed by the regulations, the Director or provincial

officer, as the case may be, may issue an order requiring the person to pay an

administrative penalty in respect of the contravention.

Prescribed

contraventions

(3) For

the purposes of subsection (2), a prescribed contravention may be in respect

of,

(

a) a

provision of this Act or the regulations;

(

b) a

provision of an order under this Act;

(

c) a

term or condition of an environmental compliance approval, certificate of

property use, renewable energy approval, licence or permit under this Act; or

(

d) with respect to such

programs under this Act relating to resource recovery or waste as the Minister

may specify in a written direction under clause 24 (1) (

c) of the Resource Recovery and Circular Economy Act, 2016 ,

subsections 41 (5) and 50 (4) of that Act and any other prescribed provision of

that Act.

Limitation

(4) An

order mentioned in subsection (2) shall be served not later than one year after

the day on which evidence of the contravention first came to the attention of a

provincial officer or the Director.

Orders,

corporations

(5) If

the person who has contravened a provision or a term or condition referred to

in subsection (3) is a corporation, the order shall not be issued to an

employee, officer, director or agent of the corporation unless the

circumstances prescribed by the regulations, if any, exist.

Amount

of penalty

(6) The

amount of the administrative penalty shall be determined by the Director or the

provincial officer, as the case may be, in accordance with the regulations.

Total

penalty

(7) Subject

to subsection (8), the total amount of the administrative penalty shall not

exceed $200,000 for each contravention.

Same,

monetary benefit

(8) The

total amount of the administrative penalty referred to in subsection (7) may be

increased by an amount equal to the amount of the monetary benefit acquired by

or that accrued to the person as a result of the contravention.

Contents

of order

(9) An

order mentioned in subsection (2) shall be served on the person who is required

to pay the administrative penalty and shall,

(

a) contain

a description of the contravention to which the order relates, including, if

appropriate, the date of the contravention;

(

b) specify

the amount of the penalty;

(

c) give

particulars respecting the time for paying the penalty and the manner of

payment; and

(

d) provide

information to the person as to the person’s right to require,

(

i) a

hearing under

section 140, if the order is issued by the Director, or

(ii) a

review under

section 182.4, if the order is issued by a provincial officer.

Absolute

liability

(10) A

requirement that a person pay an administrative penalty applies even if,

(

a) the

person took all reasonable steps to prevent the contravention; or

(

b) at

the time of the contravention, the person had an honest and reasonable belief

in a mistaken set of facts that, if true, would have rendered the contravention

innocent.

Payment

prevents conviction

(11) A

person who pays an administrative penalty in respect of a contravention

prescribed by the regulations for the purposes of this subsection shall not be

convicted of an offence under this Act in respect of the same contravention.

Contraventions

where conviction not prevented

(12) With

respect to a contravention, other than a contravention to which subsection

(11) applies, a person may be charged, prosecuted and convicted of an offence under

this Act in respect of that contravention, regardless of whether the person has

paid an administrative penalty in respect of and has remedied that

contravention and, for greater certainty, nothing in subsection (10) affects

the prosecution of the offence.

admission

(13) If

a person pays an administrative penalty in respect of a contravention, the

payment is not, for the purposes of any prosecution in respect of the

contravention, an admission that the person committed the contravention.

Regulations

(14) The

Lieutenant Governor in Council may make regulations,

(

a) specifying

the form and content of orders under this section;

(

b) prescribing

circumstances in which a provincial officer is authorized or prohibited from

issuing an order under subsection (2);

(

c) governing

the determination of the amounts of administrative penalties, for individuals

and for corporations, including providing the maximum amount the Director or a

provincial officer, as the case may be, may determine under subsection (6);

(

d) prescribing

circumstances in which a person is not required to pay an administrative

penalty;

(

e) prescribing

procedures related to administrative penalties;

(

f) governing

the payment of interest and late payment penalties, including prescribing how

the amounts of interest and late payment penalties are determined;

(

g) respecting

any matter necessary for the administration of the system of administrative

penalties.

(1) Subsections 182.2 (1) and (2) of the Act are repealed and the

following substituted:

Special

purpose account

(1) Administrative

penalties paid under this Act shall be deposited in a separate account in the

Consolidated Revenue Fund.

Same

(2) For

the purpose of the Financial Administration Act ,

money deposited in the account referred to in subsection (1) shall be deemed to

be money paid to Ontario for a special purpose.

(2) Subsection

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

Payments

out of account

(3) If

money is deposited in the account referred to in subsection (1), the Minister

may direct that money be paid out of the account for the following purposes:

1. To

provide financial support for activities that relate to the protection and

conservation of the natural environment.

2. To

provide financial support for activities that improve awareness of issues

relating to the protection and conservation of the natural environment.

3. Such

other purposes as may be prescribed by the regulations.

Section 182.3 of the Act is repealed and the following substituted:

Annual

report

182.3

(1) The

Minister shall, not later than March 31 in each year, publish a report that

sets out the following information for each contravention in respect of which

an order was made during the previous calendar year under a provision listed in

subsection (2):

1. The

name of the person against whom the order was made.

2. A

description of the contravention.

3. The

amount of the penalty.

Provisions

(2) For

the purposes of subsection (1), the following provisions are listed:

1. Sections

182.1 and 182.4.

2. Sections

40 and 40.1 of the Nutrient Management Act, 2002 .

3. Sections

106.1 and 106.3 of the Ontario Water Resources Act .

4. Sections

41.1 and 41.2 of the Pesticides Act .

5. Sections

121 and 121.1 of the Safe Drinking Water Act, 2002 .

Subsection 182.4 (6) of the Act is amended by striking out “182.3 (13) (b)” and

substituting “182.1 (14) (c)”.

(1) Subsection 186 (1.1) of the Act is repealed.

(2) Subsection

186 (2) of the Act is amended by striking out “99.1, 100.1, 150 or 182.1” and

substituting “99.1, 100.1 or 150 or an order to pay an administrative penalty”.

(3) Subsection

186 (5) of the Act is amended by striking out “environmental penalty” at the

end and substituting “administrative penalty”.

Subsection 188.1 (6) of the Act is repealed and the following substituted:

Administrative

penalties

(6) If

an order is made requiring a person to pay an administrative penalty in respect

of a contravention and the person is also convicted of an offence in respect of

the same contravention, the court, in determining a penalty under

section 187,

shall consider the order to pay the penalty to be a mitigating factor and, if

subsection 187 (4) or (5) applies, may impose a fine of less than the minimum

fine provided for in the applicable subsection.

Clause 190.1 (5) (

b) of the Act is amended by striking out “environmental

penalty” and substituting “administrative penalty”.

Clause 190.2 (6) (

a) of the Act is amended by striking out “environmental

penalty” and substituting “administrative penalty”.

(1) Clause 194 (1) (

f) of the Act is amended by striking out “99.1,

100.1, 150 or 182.1” and substituting “99.1, 100.1 or 150 or an order to pay an

administrative penalty”.

(2) Subsection

194 (1.1) of the Act is repealed.

Nutrient

Management Act, 2002

Section 2 of the Nutrient Management Act, 2002 is

amended by adding the following definition:

“administrative

penalty” means a penalty imposed under

section 40 or 40.1; (“pénalité

administrative”)

Subsection 10 (1) of the Act is amended by adding “or an order in respect of an

administrative penalty” at the end.

Section 11 of the Act is amended by adding the following subsections:

Order

to pay an administrative penalty

(1.1) For

greater certainty, if a hearing by the Tribunal is required under this

section

in relation to an order to pay an administrative penalty, the regulations made

under clause 40 (14) (

c) governing the determination of the amounts of

administrative penalties apply to the Tribunal.

Same

(1.2) If

a hearing by the Tribunal is required under this

section in relation to an

order to pay an administrative penalty, the Tribunal shall not substitute its

opinion for that of the Director with respect to the amount of the penalty

unless the Tribunal considers the amount to be unreasonable.

Section 40 of the Act is repealed and the following substituted:

Administrative

penalties

(1) The

purpose of an administrative penalty issued under this Act is,

(

a) to

ensure compliance with this Act; and

(

b) to

prevent a person or entity from deriving, directly or indirectly, any economic

benefit as a result of non-compliance with this Act.

Order

by Director, Provincial Officer

(2) If

the Director or, in the circumstances prescribed by the regulations, a

provincial officer, is of the opinion that a person has committed a

contravention prescribed by the regulations, the Director or provincial

officer, as the case may be, may issue an order requiring the person to pay an

administrative penalty in respect of the contravention.

Prescribed

contraventions

(3) For

the purposes of subsection (2), a prescribed contravention may be in respect

of,

(

a) a

provision of this Act or the regulations;

(

b) a

provision of an order under this Act; or

(

c) a

term or condition of a certificate, licence, or approval under this Act.

Limitation

(4) An

order mentioned in subsection (2) shall be served not later than one year after

the day on which evidence of the contravention first came to the attention of a

provincial officer or the Director.

Orders,

corporations

(5) If

the person who has contravened a provision or a condition referred to in

subsection (3) is a corporation, the order shall not be issued to an employee,

officer, director or agent of the corporation unless the circumstances

prescribed by the regulations, if any, exist.

Amount

of penalty

(6) The

amount of the administrative penalty shall be determined by the Director or the

provincial officer, as the case may be, in accordance with the regulations.

Total

penalty

(7) Subject

to subsection (8), the total amount of the administrative penalty shall not

exceed $10,000 for each contravention.

Same,

monetary benefit

(8) The

total amount of the administrative penalty referred to in subsection (7) may be

increased by an amount equal to the amount of the monetary benefit acquired by

or that accrued to the person as a result of the same contravention.

Contents

of order

(9) An

order mentioned in subsection (2) shall be served on the person who is required

to pay the administrative penalty and shall,

(

a) contain

a description of the contravention to which the order relates, including, if

appropriate, the date of the contravention;

(

b) specify

the amount of the penalty;

(

c) give

particulars respecting the time for paying the penalty and the manner of

payment; and

(

d) provide

information to the person as to the person’s right to require,

(

i) a

hearing under

section 9, if the order is issued by the Director, or

(ii) a

review under

section 40.1, if the order is issued by a provincial officer.

Absolute

liability

(10) A

requirement that a person pay an administrative penalty applies even if,

(

a) the

person took all reasonable steps to prevent the contravention; or

(

b) at

the time of the contravention, the person had an honest and reasonable belief

in a mistaken set of facts that, if true, would have rendered the contravention

innocent.

Payment

prevents conviction

(11) A

person who pays an administrative penalty in respect of a contravention

prescribed by the regulations for the purposes of this subsection shall not be

convicted of an offence under this Act in respect of the same contravention.

Contraventions

where conviction not prevented

(12) With

respect to a contravention, other than a contravention to which subsection

(11) applies, a person may be charged, prosecuted and convicted of an offence under

this Act in respect of that contravention, regardless of whether the person has

paid an administrative penalty in respect of and has remedied that

contravention and, for greater certainty, nothing in subsection (10) affects

the prosecution of the offence.

admission

(13) If

a person pays an administrative penalty in respect of a contravention, the

payment is not, for the purposes of any prosecution in respect of the

contravention, an admission that the person committed the contravention.

Regulations

(14) The

Lieutenant Governor in Council may make regulations,

(

a) specifying

the form and content of orders under this section;

(

b) prescribing

circumstances in which a provincial officer is authorized or prohibited from

issuing an order under subsection (2);

(

c) governing

the determination of the amounts of administrative penalties, for individuals

and for corporations, including providing the maximum amount the Director or a

provincial officer, as the case may be, may determine under subsection (6);

(

d) prescribing

circumstances in which a person is not required to pay an administrative

penalty;

(

e) prescribing

procedures related to administrative penalties;

(

f) governing

the payment of interest and late payment penalties, including prescribing how

the amounts of interest and late payment penalties are determined;

(

g) respecting

any matter necessary for the administration of the system of administrative

penalties.

Review

of administrative penalty imposed by provincial officer

40.1

(1) A person

who is required by an order issued by a provincial officer to pay an

administrative penalty may, within seven days after being served with the

order, request that the Director review the order.

Request

for review

(2) A

request for a review shall be made in writing and shall include,

(

a) a

statement of whether the review applies to the liability to pay the penalty,

the amount of the penalty or both;

(

b) any

submissions that the person requesting the review wishes the Director to

consider; and

(

c) for

the purposes of subsection (7), an address for service by mail, fax or such

other means of service as the regulations may prescribe.

Stay

(3) If

a person requests a review, the requirement to pay the administrative penalty

is stayed until the disposition of the matter.

Decision

of Director

(4) A

Director who receives a request for a review may,

(

a) revoke

the order of the provincial officer; or

(

b) by

order directed to the person who requested the review, confirm or alter the

order of the provincial officer.

Same

(5) For

the purposes of subsection (4), the Director may substitute his or her opinion

for that of the provincial officer.

Amount

of penalty

(6) For

greater certainty, if the review applies to the amount of the penalty, the

regulations made under clause 40 (14) (

c) apply for the purposes of the review.

Notice

of decision

(7) The

Director shall serve a person requesting a review with a copy of,

(

a) the

Director’s decision or order under subsection (4); and

(

b) if

the Director issues an order under clause (4) (b), the reasons for the order.

Automatic

confirmation of order

(8) If

the Director does not comply with subsection (7) within seven days after

receiving a request for a review, the order in respect of which the review was

requested shall be deemed to have been confirmed by order of the Director.

Same

(9) For

the purposes of

section 9, a deemed confirmation by order of the Director under

subsection (8) shall be,

(

a) deemed

to be directed to the person to whom the order of the provincial officer was

directed; and

(

b) deemed

to have been served on the person mentioned in clause (

a) on the last day of

the time period mentioned in subsection (8).

Exception

(10) Subsections

(8) and (9) do not apply if, within seven days after receiving the request for

a review, the Director gives written notice to the person requesting the review

stating that the Director requires additional time to make a decision.

Regulations

(11) The

Lieutenant Governor in Council may make regulations specifying the form and

content of orders under this section.

Failure

to pay administrative penalty when required

40.2 If a person who is

required to pay an administrative penalty fails to comply with the requirement,

(

a) the

order that requires payment may be filed with a local registrar of the Superior

Court of Justice and the order may be enforced as if it were an order of the

court;

(

b) the

Director may, by order, suspend any certificate, licence or approval issued to

the person under this Act until the administrative penalty is paid; and

(

c) the

Director may refuse to issue any certificate, licence or approval to the person

or refuse to renew any certificate, licence or approval issued to the person

under this Act until the administrative penalty is paid.

Special

purpose account

40.3 Administrative

penalties paid under this Act shall be deposited in the account referred to in

section 182.2 of the Environmental Protection Act .

Clause 43 (1) (

c) of the Act is amended by adding “other than an order in

respect of an administrative penalty or an order to pay costs under

section 36”

at the end.

Ontario

Water Resources Act

(1) Subsection 1 (1) of the Ontario Water

Resources Act is amended by adding the following definition:

“administrative

penalty” means a penalty imposed under

section 106.1 or 106.3; (“pénalité

administrative”)

(2) The

definition of “environmental penalty” in subsection 1 (1) of the Act is

repealed.

(3) The

definition of “Minister” in subsection 1 (1) of the Act is repealed and the

following substituted:

“Minister”

means the Minister of the Environment, Conservation and Parks or such other

member of the Executive Council as may be assigned the administration of this

Act under the Executive Council Act ; (“ministre”)

(4) The

definition of “regulated person” in subsection 1 (1) of the Act is repealed.

Subsection 16 (2) of the Act is amended by adding “and” at the end of clause (

b) and by striking out clause (b.1).

Clause 21.3 (6) (

a) of the Act is amended by striking out “environmental

penalty” and substituting “administrative penalty”.

Subsection 34 (2) of the Act is amended by adding the following paragraph:

4. The

taking of water for the purpose of constructing or operating a dam within the

meaning of the Lakes and Rivers Improvement Act if

the dam is associated with the production of electricity.

The Act is amended by adding the following section:

Minister’s

regulation

76.1 The Minister may make

regulations deeming a permit or all permits in a specified class to be revoked

on a specified date, where the permit or permits in the class relate to water

takings that are exempted from sub