p42 s1 bill 138 b138ra e.pdf

Ontario — Bills

1ST SESSION, 42ND LEGISLATURE, ONTARIO 68 ELIZABETH II, 2019 Bill 138 (Chapter 15 of the Statutes of Ontario, 2019)

An Act to implement Budget measures and to enact, amend and repeal various statutes The Hon. R. Phillips Minister of Finance 1st Reading November 6, 2019 2nd Reading November 27, 2019 3rd Reading December 10, 2019 Royal Assent December 10, 2019

EXPLANATORY NOTE This Explanatory Note was written as a reader’s aid to Bill 138 and does not form part of the law. Bill 138 has been enacted as

Chapter 15 of the Statutes of Ontario, 2019.

SCHEDULE 1 ALCOHOL AND GAMING COMMISSION OF ONTARIO ACT, 2019 The

Schedule enacts the Alcohol and Gaming Commission of Ontario Act, 2019 , which continues the Alcohol and Gaming Commission of Ontario and provides for its objects as well as various other matters relevant to the functionin g of the Commission. The

Schedule repeals sections 1 to 16 of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996, which relate to the Commission, and makes consequential amendments to various other Acts.

SCHEDULE 2 ALCOHOL, CANNABIS AND GAMING REGULATION AND PUBLIC PROTECTION ACT, 1996 The

Schedule makes a number of amendments to the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996. Here are some highlights: 1. As other Schedules to the Bill repeal

Part I of the Act and enact and repeal other Acts referred to in the Act, the title of the Act is changed to the Liquor Tax Act, 1996 and various amendments to terminology are made. 2. Various amendments are made to the Act respecting the collection of the tax imposed by the Act and various provisions of Act are repealed. 3. Currently, the basic tax payable under the Act in respect of the purchase of beer made by beer manufacturers is adjusted annually.

The Act is amended to no longer require annual adjustments and to instead authorize the Minister to prescribe a date in a year as of which the basic tax rate is to be adjusted. The Act is also modified such that increases in the basic tax on wine and wine cooler that are to take effect on January 1, 2020 will instead take effect on June 1, 2020.

SCHEDULE 3 CANNABIS CONTROL ACT, 2017 The

Schedule amends sections 20 and 23 of the Cannabis Control Act, 2017 respecting approved youth education or prevention programs under the Act. Subsection 20 (1) is amended to expressly state that a police officer may, under that subsection, ref er a person who is under 19 years of age to such a program instead of commencing a proceeding under the Provincial Offences Act.

Section 23 is amended to expressly state that, in the case of a conviction for a contravention of

section 10 of the Act (possession, consumption, etc. by an individual who is under 19 years of age), a court may suspend the passing of sentence and direct participation in such a program as a condition in a probation order, and that any such condition is in addition to any other condition that may be imposed in a probation order under the Provincial Offences Act.

SCHEDULE 4 CANNABIS LICENCE ACT, 2018 The

Schedule makes various amendments respecting the sale of cannabis in accordance with the Cannabis Licence Act, 2018. Amendments are made to permit online and telephone purchase of cannabis from cannabis retail stores.

Section 2 of the Ontario Cannabis Retail Corporation Act, 2017 is amended to permit the sale of cannabis by holders of a retail store authorization under the Cannabis Licence Act, 2018 online or by telephone, but only for distribution to purchasers in a cannabis retail store.

Section 20 of the Cannabis Licence Act, 2018 is re-enacted to reflect that cannabis may be purchased from a cannabis retail store other than in person, but to prohibit holders of a retail store authorization from distributing can nabis to purchasers other than in store; complementary changes are made to

section 21 of that Act. Finally,

section 9 of the Cannabis Control Act, 2017, setting out prohibitions respecting unlawful purchase of cannabis, is replaced in order to reflect onli ne and telephone sales of cannabis other than by the Ontario Cannabis Retail Corporation. Subsection 4 (4) of the Cannabis Licence Act, 2018 , respecting restrictions on cannabis producers, is amended to provide greater flexibility to set out the scope of t he restrictions by regulations made under the Act. Complementary amendments are made to the regulation-making authority in subsection 49 (1) of the Act. Finally,

section 26 of the Act is amended to expand the circumstances in which the Registrar of the Alc ohol and Gaming Commission of Ontario may set standards and requirements respecting specified matters relating to the conduct of licence or authorization holders under the Act.

SCHEDULE 5 CHILD, YOUTH AND FAMILY SERVICES ACT, 2017 The

Schedule amends the Child, Youth and Family Services Act, 2017 to allow a justice of the peace to issue a warrant authorizing a peace officer to bring a child to a place of safety in circumstances involving the child leaving or being remov ed from the care of a child welfare au thority. The

Schedule also amends a cross -reference in clause 280 (1) (

a) of the Act and makes amendments respecting the way in which service providers under the Act are to make requested corrections to records.

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SCHEDULE 6 CITY OF TORONTO ACT, 2006 Subsection 291 (2) of the City of Toronto Act, 2006, which sets out how certain property taxes are to be determined, is amended to include rules about recalculating property taxes when there is a change to the permitted uses of land.

SCHEDULE 7 COMMODITY FUTURES ACT The

Schedule amends the Commodity Futures Act.

Section 12 of the Act currently prohibits persons or companies from disclosing certain information about investigations and examinations under the Act, except to the person’s or company’s counsel. The

Schedule amends

section 12 to permit disclosure of certain information to a person’s or company’s insurer or insurance broker under specified conditions.

Section 75 of the Act currently prohibits the Ontario Securities Commission from making o rders or rulings of general application. The

Schedule amends the Act to allow the Commission to make an order exempting a class of persons or companies, contracts, trades or intended trades from any requirement of Ontario commodity futures law on such term s or conditions as may be set out in the order. The amendments provide for the duration of such an order as well as rules requirin g the publication of a notice respecting such an order.

SCHEDULE 8 CO-OPERATIVE CORPORATIONS ACT The

Schedule makes various amendments to the Co-operative Corporations Act. Here are some highlights: 1. The Minister for the purposes of the Act is changed from the Minister of Finance to the Minister of Government and Consumer Services. 2. Currently, the Act restricts a co-operative from conducting 50 per cent or more of its business with non-members of that co-operative. The Act is amended to remove this restriction, provided that the co-operative’s articles of incorporation or by-laws authorize it to conduct 50 per cent or more of its business with non-members. 3.

The Act is amended such that the functions relating to offering statements currently attributed to the Minister are attributed to the Chief Executive Officer of the Financial Services Regulatory Authority of Ontario. 4. Provisions requiring that a co-operative file certain statements with the Minister are repealed. 5. The conditions that must be met for a co-operative to be exempt from certain audit provisions in the Act are amended. 6.

The Act is amended to provide that at least 75 per cent of permanent full-time employees and 75 per cent of all employees must be members of a co -operative whose articles provide that its primary object is to provide employment to its members, subject to a different proportion being prescribed by regulation.

SCHEDULE 9 DANGEROUS GOODS TRANSPORTATION ACT The Dangerous Goods Transportation Act is amended to provide that the Minister, the Ministry of Transportation and the Registrar of Motor Vehicles may do things by electronic means or in electronic formats, and to add regulation-making powers relating to the admissibility of electronic documents in court.

SCHEDULE 10 DEVELOPMENT CHARGES ACT, 1997

Section 26.1 of the Development Charges Act, 1997, which is not yet in force, sets out rules for when a development charge is payable in respect of certain types of development. The

Schedule removes industrial development and commercial development from the types of development in

section 26.1.

SCHEDULE 11 EGYPTIAN HERITAGE MONTH ACT, 2019 The

Schedule enacts the Egyptian Heritage Month Act, 2019 , which proclaims the month of July in each year as Egyptian Heritage Month.

SCHEDULE 12 FINANCIAL PROFESSIONALS TITLE PROTECTION ACT, 2019 The

Schedule amends the Financial Professionals Title Protection Act, 2019 by repealing the Lieutenant Governor in Council’s power to make regulations in respect of transitional matters and exemptions and by authorizing the Financial Services Regulatory Authority to make rules in respect of those matters.

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SCHEDULE 13 FISH AND WILDLIFE CONSERVATION ACT, 1997 Currently subsection 36 (1) of the Fish and Wildlife Conservation Act, 1997 prohibits a hunter or trapper who kills game wildlife, other than furbearing mammals, from abandoning it if its flesh may become u nsuitable for human consumption. Subsection 36 (2) prohibits a person who possesses game wildlife that was hunted or trapped, other than furbearing mammals, from permitting its flesh to become unsuitable for human consumption.

A new subsection 36 (2.1) is added to provide an exemption from subsections 36 (1) and (2) only in respect of double-crested cormorants in the circumstances prescribed by the regulations. A new paragraph 27.1 is added to

section 112 to allow the Lieutenant Governor in Council to make a regulation prescribing the circumstances in which subsections 36 (1) and (2) do not apply.

SCHEDULE 14 GASOLINE TAX ACT

Section 2 of the Gasoline Tax Act currently sets out the tax rate payable by a purchaser of aviation fuel. Subsection 2 (2) is re- enacted to set out the current tax rate, which is 6.7 cents per litre. A new subsection 2 (2.1) provides that the tax rate is 2.7 cents per litre in circumstances where the purchaser takes possession of the fuel in Northern Ontario and the fuel is transferred into a tank of an aircraft in Northern Ontario.

Under new subsection 2 (2.2), if a purchaser takes possession of the fuel in Ontar io but outside Northern Ontario and the purchased fuel is transferred into the fuel tank of an aircraft in Northern Ontario, t he purchaser is deemed to have made an overpayment of tax equal to the difference between the amount of tax paid and the tax that would have been paid if the rate was 2.7 cents per litre. Subsection 28 (2) of the Act currently provides that interest payable on an overpayment made under the Act is to be computed and compounded daily beginning on the date the overpayment arose.

The subsection is amended to provide that, in the case of applications for a refund after December 31, 2019, interest is to be computed and compounded daily beginning on the date the application for a refund is made.

SCHEDULE 15 HEALTH INSURANCE ACT Numerous changes are made to the Health Insurance Act. Among the changes: 1. Arrangements entered into by the Minister under clause 2 (2) (

a) of the Act are deemed to include provisions provided for in the regulations. 2. The provisions governing the Physician Payment Review Board and the Medical Eligibility Committee are repealed. They are allowed to conclude matters that were before them. 3. Rules concerning health cards are set out. 4. Rules regarding records and information are provided for. 5. Rules are set out concerning the power of the General Manager to refuse to pay claims for services, pay reduced amounts, pay for services actually provided other than those described in a claim or seek reimbursement for amounts paid. 6.

The General Manager is authorized to publish information, including personal information other than personal health information, that relates to any payments to a physician, practitioner or health facility, 7. New rules for hearings by the Appeal Board are set out. 8. Reviewers to conduct inspections are provided for, and rules are set out about inspections. 9. Various other changes of a housekeeping nature are made. Related and consequential amendments are made to other Acts.

SCHEDULE 16 HELLENIC HERITAGE MONTH ACT, 2019 The

Schedule enacts the Hellenic Heritage Month Act, 2019 , which proclaims the month of March in each year as Hellenic Heritage Month.

SCHEDULE 17 HIGHER EDUCATION QUALITY COUNCIL OF ONTARIO ACT, 2005 The

Schedule provides that it is a function of the Higher Education Quality Council of Ontario to evaluate anything specified by the Minister, including programs and services provided b y the Ministry or other programs and services related to post - secondary education that are provided or funded by the Government of Ontario, in whole or in part, and to report to the Minister on the results of the evaluation.

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SCHEDULE 18 HIGHWAY TRAFFIC ACT Numerous amendments are made to the Highway Traffic Act, including the following: 1. Regulation-making powers are added relating to the use of electronic documents. 2. The Act is amended to provide that regulations may govern whether evidence of validation is required to be affixed to a number plate. 3. Offence provisions are added relating to the submission, display, presentation or surrender of false or inaccurate documents, and other related changes are made. 4.

Amendments relating to record-keeping are made, including amendments to permit the use of electronic documents and electronic methods in record-keeping and the addition of provisions respecting records kept by dealers of second -hand motor vehicles, trailers or bicycles.

SCHEDULE 19 INDEPENDENT HEALTH FACILITIES ACT Numerous changes are made to the Independent Health Facilities Act. Among the changes: 1. The rules for applications to establish and operate independent health facilities are changed, particularly by changing from a “request for proposals” process to a “call for applications” process. 2. New rules are established regarding the issuing of licences and applications for licences and for the transfer, revocation and suspension of licences. 3. Rules regarding record-keeping are provided for. 4.

Rules are set out regarding when the Minister may refuse to pay claims for services, pay reduced amounts, pay for services actually provided other than those described in a claim or require reimbursement for amounts paid. 5. New rules regarding hearings by the Board and appeals from its decisions are established. 6. New rules for inspectors and inspections are provided for. 7. The Director and prescribed persons may make compliance orders. 8. Various changes of a housekeeping nature are made.

SCHEDULE 20 INTERIM APPROPRIATION FOR 2020-2021 ACT, 2019 The

Schedule enacts the Interim Appropriation for 2020-2021 Act, 2019, which authorizes expenditures pending the voting of supply for the fiscal year ending on March 31, 2021 up to specifi ed maximum amounts. All expenditures made or recognized under the Act must be charged to the proper appropriation following the voting of supply for the fiscal year ending on March 31, 2021.

SCHEDULE 21 LIQUOR CONTROL BOARD OF ONTARIO ACT, 2019 The

Schedule enacts the Liquor Control Board of Ontario Act, 2019, which continues the Liquor Control Board of Ontario and provides for its objects as well as various other matters relevant to the functioning of the Board. The

Schedule repeals sections 1 to 8 of the Liquor Control Act, which relate to the Board, and makes consequential amendments to various other Acts. As was the case under predecessor Liquor Control Act provisions that are being repealed, the Board’s objects under the Liquor Control Board of Ontario Act, 2019 include buying, selling and importing liquor, as well as controlling its importation.

Schedule 22 to the Bill enacts the Liquor Licence and Control Act, 2019, certain provisions of which also relate to the Board’s functions respecting the importation of liquor. The Liquor Licence and Control Act, 2019 establishes certain regulatory powers and duties of the Alcohol and Gaming Commission of Ontario that are analogous to regulatory powers and duties of the Board under the provisions of the Liquor Control Act that are being repealed.

SCHEDULE 22 LIQUOR LICENCE AND CONTROL ACT, 2019 The

Schedule enacts the Liquor Licence and Control Act, 2019 and repeals the Liquor Licence Act and the Wine Content and Labelling Act, 2000. The new Act is substantially similar to the Liquor Licence Act and

Part II of the Liquor Control Act, except for corporate matters related to the Liquor Control Board of Ontario, and contains various regulatory authorities substantial ly similar to regulatory authorities currently contained in those Acts. In addition to providing for the issuing of new licences and permits, the Act provides for the continuation of existing licen ces, permits and authorizations granted under the Liquor Licence Act and the Liquor Control Act.

v The regulatory authority in the Act includes the ability to govern some matters currently dealt with in the Wine Content and Labelling Act, 2000.

SCHEDULE 23 METROPOLITAN TORONTO CONVENTION CENTRE CORPORATION ACT The Metropolitan Toronto Convention Centre Corporation Act is amended to permit the Board of Directors of the Corporation, with the approval of the Minister, to change the name of the convention centre facility that the Corporation operates in the City of Toronto.

SCHEDULE 24 MOTORIZED SNOW VEHICLES ACT The Motorized Snow Vehicles Act is amended to provide that the Minister, the Ministry and the Registrar of Motor Vehicles may do things by electronic means or in electronic formats. Regulation -making powers are added relating to the use of electronic documents, and governing the validation of permits and whether evidence of validation is required. Offence provisions are added relating to the submission, display, presentation or surrender of false or inaccurate documents.

SCHEDULE 25 MUNICIPAL ACT, 2001 Subsection 329 (2) of the Municipal Act, 2001, which sets out how certain property taxes are to be determined, is amended to include rules about recalculating property taxes when there is a change to the permitted uses of land.

SCHEDULE 26 OFF-ROAD VEHICLES ACT The Off-Road Vehicles Act is amended to provide that the Minister, the Ministry and the Registrar may do things by electronic means or in electronic formats, and to add regulation -making powers relating to the use of electronic documents. An offen ce is added to the Act relating to false or inaccurate documents.

SCHEDULE 27 OMBUDSMAN ACT The

Schedule amends the Ombudsman Act to provide that a person who is subject to

Part X of the Child, Youth and Family Services Act, 2017 is not prevented by any provision of that Part from providing to the Ombudsman personal information that the Ombudsman requires.

SCHEDULE 28 ONTARIO DRUG BENEFIT ACT

Section 6 of the Ontario Drug Benefit Act is amended to require the executive officer to deduct from the amount the executive officer pays to an operator of a pharmacy an amount determined in accordance with the regulations. The Act is also amended to allow the Lieutenant Governor in Council to make regulations governing the manner in which th e executive officer determines any additional amount to be subtracted and to allow the public consultation process currently set out in the Act t o apply to the making of these regulations.

SCHEDULE 29 PENSION BENEFITS ACT The

Schedule amends the Pension Benefits Act as follows: 1. Subsection 14 (5) of the Act is repealed. That provision currently sets out an exception to subsection 14 (1) where an amendment to a pension plan is made in the context of a transfer of assets authorized by

section 80.1 which was repealed in 2017. 2. Clause 79.1 (1) (

a) of the Act currently sets out provisions that authorize a transfer of assets between pension plans relating to the provision of defined benefits. The clause is amended to remove the reference to

section 8 0.1 which was repealed in 2017. In addition, currently unproclaimed amendments to clause 79.1 (1) (

a) are also repealed. 3. Currently,

section 80.4 of the Act governs a conversion of a single employer pension plan to a jointly sponsored pension plan through a transfer of assets and liabilities. Subsection 80.4 (3) currently provides that if the single employer pension plan provides defined contribution benefits as well as defined benefits, the transfer in respect of the defined contribution benefits must comply with the prescribed requirements, if any. The subsection is re -enacted to permit the employer of the single employer pension plan to elect to transfer the assets in respect of the defined contribution benefits and if the employer so elects, the transfer must comply with the prescribed requirements, if any.

SCHEDULE 30 PERSONAL HEALTH INFORMATION PROTECTION ACT, 2004 The Personal Health Information Protection Act, 2004 (“PHIPA”) is amended. Among the changes:

vi 1. Using personal health information that has been de-identified to identify an individual is prohibited, subject to certain exceptions. 2. The Information and Privacy Commissioner is given the power to order the return of records of personal health information that were improperly collected, used or disclosed. 3.

Regulation making powers are established concerning the role of Ontario Health under the Act, including prescribing under what circumstances a person or entity or group of persons or entities designated under subsection 29 (1) of the Connecting Care Act, 2019 may collect, use and disclose personal health information. The Connecting Care Act, 2019 is amended to extend the protection from liability provided for actions under that Act to prescribed provisions of PHIPA and its regulations.

SCHEDULE 31 PLANNING ACT New

section 37 of the Planning Act, which is not yet in force, is amended to set out a process for a person or public body to appeal a community benefits charge by-law to the Local Planning Appeal Tribunal. A transitional provision is added to

section 42 of the Act (by -laws requiring parkland as a condition of development or redevelopment) in respect of amendments to that

section that are not yet in force.

Section 51.1 of the Act (parkland as a condition to approval of a plan of subdivision) contains a transitional provision in respect of amendments to that

section that are not yet in force. This transitional provision is amended and another one is added.

SCHEDULE 32 PROVINCIAL DAY OF ACTION ON LITTER ACT, 2019 The

Schedule enacts the Provincial Day of Action on Litter Act, 2019 , which proclaims the second Tuesday in May in each year as the Provincial Day of Action on Litter.

SCHEDULE 33 PROVINCIAL OFFENCES ACT

Section 23 of the Provincial Offences Act is amended to provide for a written process by which a provincial offences officer may lay an information under that section.

SCHEDULE 34 SECURITIES ACT The

Schedule amends the Securities Act.

Section 16 of the Act currently prohibits persons or companies from discl osing certain information about investigations and examinations under the Act, except to the person’s or company’s counsel. The

Schedule amends

section 16 to permit disclosure of certain information to a person’s or company’s insurer or insurance broker un der specified conditions.

Section 109 of the Act currently requires that where voting securities are registered in the name of a person or company othe r than the beneficial owner and the person or company knows that they are beneficially owned by an inside r and that the insider has failed to file a report of such ownership with the Ontario Securities Commission as required by

Part XXI of the Act, the person or company shall file a report. The

Schedule repeals

section

Section 143.11 of the Act currently prohibits the Commission from making orders or rulings of general application. The

Schedule amends the Act to allow the Commission to make an order exempting a class of persons or companies, trades, intended trades, securities or derivatives from any requ irement of Ontario securities law on such terms or conditions as may be set out in the order. The amendments provide for the duration of such an order as well as rules requiring the publication of a notice respecting such an order.

SCHEDULE 35 SHORTLINE RAILWAYS ACT, 1995 The Shortline Railways Act, 1995 is amended to provide that the Minister, the Ministry of Transportation and the registrar may do things by electronic means or in electronic formats.

SCHEDULE 36 SUPPLEMENTARY INTERIM APPROPRIATION FOR 2019-2020 ACT, 2019 The

Schedule enacts the Supplementary Interim Appropriation for 2019 -2020 Act, 2019 , which authorizes expenditures pending the voting of supply for the fiscal year ending on March 31, 2020 up to specified maximum amounts. The expenditures authorized are in addition to those authorized under the Interim Appropriation for 2019-2020 Act, 2018. All expenditures made or recognized under the Interim Appropriation for 2019 -2020 Act, 2018 and this Act must be charged to the proper appropriation following the voting of supply for the fiscal year ending on March 31, 2020.

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SCHEDULE 37 SUPPLY CHAIN MANAGEMENT ACT (GOVERNMENT, BROADER PUBLIC SECTOR AND HEALTH SECTOR ENTITIES), 2019 The

Schedule enacts the Supply Chain Management Act (Government, Broader Public Sector and Health Sector Entities), 2019. The following are some of the highlights of the Act: The purposes of the Act are set out in

section 1 of the Act. The Act provides that government entities, broader public sector entities and health sector entities must comply with regulations governing how they carry out supply chain management and requiring them to implement specified vendor performance standards and practices. The Act permits the Lieutenant Governor in Council to desig nate or create a supply chain management entity to provide or support supply chain management on behalf of other entities.

SCHEDULE 38 TAXATION ACT, 2007 Currently,

section 19.1 of the Taxation Act, 2007 provides the Ontario dividend tax credit for years 2016 and later. The

section is amended to provide that the tax credit includes 22.895 per cent of the amount required under subparagraph 82 (1) (b) (

i) o f the Income Tax Act (Canada) to be included in income for taxation years ending after December 31, 201 9. Subsection 31 (4) of the Act sets out rules for calculating a corporation’s small business deduction rate for a taxation year. The subsection is amended to provide that the deduction rate is 8.3 per cent for days in a taxation year after December 31, 20 19.

SCHEDULE 39 TOBACCO TAX ACT

Section 2.2 of the Tobacco Tax Act is amended to prohibit the possession of a marker that is issued by the Minister but is not affixed to a bale or package, except in certain circumstances. Amendments are also made to provi de that it is an offence to contravene this prohibition and to permit the Minister to assess a penalty in cases of non -compliance.

Section 11 of the Act is amended to permit the Minister to immediately suspend a person’s registration certificate or permit if the Minister has reasonable grounds to believe that the person has not engaged in the relevant activity for a period of at le ast six consecutive months. The amendments also provide for the cancellation of the registration certificate or permit after a specified time, unless the person requests a hearing to show why the registration certificate or permit should not be cancelle d.

Currently, subsection 19 (2) of the Act permits the Minister to assess a penalty against a person who fails to collect tax that the person is responsible to collect under the Act or the regulations. Subsection 19 (11) currently sets out a limitation period that applies to the assessment of those penalties. Amendments are made to permit the Minister to assess a penalty after the limitation period if the person has filed a waiver with the Minister within the specified time.

Section 23.0.2 (1) of the Act currently authorizes the seizure of raw leaf tobacco by an authorized person in specified circumstances. The subsection is amended to include circumstances where the tobacco has been offered for sale or kept for sale, or is being offered for sale or kept for sale, in contravention of

section 2.3. Currently, if cigars or other tobacco are seized from a person under

section 29.1 of the Act, the person may apply to the Superior Court of Justice to establish a right of possession to the cigars or other tobacco. Subsection 29.1 (2.3) sets out the circumstances in which a person has a right to possession and includes where the person, at t he time of seizure, was in possession or control of not more than 50 cigars or one kilogram of other tobacco. The clause that sets out that circumstance is repealed.

SCHEDULE 40 TORONTO STOCK EXCHANGE ACT The

Schedule repeals the Toronto Stock Exchange Act.

Bill 138 2019

An Act to implement Budget measures and to enact, amend and repeal various statutes CONTENTS 1. Contents of this Act 2. Commencement 3.

Short title

Schedule 1 Alcohol and Gaming Commission of Ontario Act, 2019

Schedule 2 Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996

Schedule 3 Cannabis Control Act, 2017

Schedule 4 Cannabis Licence Act, 2018

Schedule 5 Child, Youth and Family Services Act, 2017

Schedule 6 City of Toronto Act, 2006

Schedule 7 Commodity Futures Act

Schedule 8 Co-operative Corporations Act

Schedule 9 Dangerous Goods Transportation Act

Schedule 10 Development Charges Act, 1997

Schedule 11 Egyptian Heritage Month Act, 2019

Schedule 12 Financial Professionals Title Protection Act, 2019

Schedule 13 Fish and Wildlife Conservation Act, 1997

Schedule 14 Gasoline Tax Act

Schedule 15 Health Insurance Act

Schedule 16 Hellenic Heritage Month Act, 2019

Schedule 17 Higher Education Quality Council of Ontario Act, 2005

Schedule 18 Highway Traffic Act

Schedule 19 Independent Health Facilities Act

Schedule 20 Interim Appropriation for 2020-2021 Act, 2019

Schedule 21 Liquor Control Board of Ontario Act, 2019

Schedule 22 Liquor Licence and Control Act, 2019

Schedule 23 Metropolitan Toronto Convention Centre Corporation Act

Schedule 24 Motorized Snow Vehicles Act

Schedule 25 Municipal Act, 2001

Schedule 26 Off-road Vehicles Act

Schedule 27 Ombudsman Act

Schedule 28 Ontario Drug Benefit Act

Schedule 29 Pension Benefits Act

Schedule 30 Personal Health Information Protection Act, 2004

Schedule 31 Planning Act

Schedule 32 Provincial Day of Action on Litter Act, 2019

Schedule 33 Provincial Offences Act

Schedule 34 Securities Act

Schedule 35 Shortline Railways Act, 1995

Schedule 36 Supplementary Interim Appropriation for 2019-2020 Act, 2019

Schedule 37 Supply Chain Management Act (Government, Broader Public Sector and Health Sector Entities), 2019

Schedule 38 Taxation Act, 2007

Schedule 39 Tobacco Tax Act

Schedule 40 Toronto Stock Exchange Act 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 2

(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 Plan to Build Ontario Together Act, 2019.

SCHEDULE 1 ALCOHOL AND GAMING COMMISSION OF ONTARIO ACT, 2019 CONTENTS

INTERPRETATION 1.

Definitions ALCOHOL AND GAMING COMMISSION OF ONTARIO 2. Commission continued 3. Objects 4. General powers BOARD OF DIRECTORS 5. Board of directors 6. Powers and duties of the board REGISTRAR, EMPLOYEES, ETC. 7. Registrar 8. Registrar’s certificate 9. Employees 10. Immunity of employees and others FINANCIAL MATTERS AND MONETARY PENALTIES 11. Funding 12. Certain financial powers and duties 13. Fees and charges 14. Monetary penalties 15. Annual report REGULATIONS 16. Regulations AMENDMENT TO THIS ACT, REPEAL, AND REVOCATIONS 17. Amendment to this Act 18.

Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 19. Revocations CONSEQUENTIAL AMENDMENTS 20. Cannabis Licence Act, 2018 21. Gaming Control Act, 1992 22. Horse Racing Licence Act, 2015 23. Licence Appeal Tribunal Act, 1999 24. Ontario Lottery and Gaming Corporation Act, 1999 COMMENCEMENT AND

SHORT TITLE 25. Commencement 26.

Short title

INTERPRETATION

Definitions 1

(1) In this Act, “Commission” means the Alcohol and Gaming Commission of Ontario continued under subsection 2 (1); (“Commission”) “Minister” means the minister responsible for the administration of this Act; (“ministre”) “prescribed” means prescribed by the regulations; (“prescrit”) “Registrar” means the Registrar appointed by the board of directors of the Commission; (“registrateur”) “regulations” means the regulations made under this Act. (“règlements”) Alcohol, cannabis, gaming and horse racing statutes

(2) For the purposes of this Act, the following are the alcohol, cannabis, gaming and horse racing statutes: 1. The Liquor Licence and Control Act, 2019. 2. The Cannabis Licence Act, 2018. 3. The Gaming Control Act, 1992. 4. The Horse Racing Licence Act, 2015.

4 ALCOHOL AND GAMING COMMISSION OF ONTARIO Commission continued 2

(1) The Alcohol and Gaming Commission of Ontario is continued as a corporation without share capital. Board of directors

(2) The Commission shall have a board of directors consisting of the members appointed in accordance with subsection 5 (1). Non-application of Corporations Information Act

(3) The Corporations Information Act does not apply to the Commission. Non-application of Corporations Act

(4) Subject to subsection (5), the Corporations Act does not apply to the Commission. Regulations

(5) The regulations may specify provisions of the Corporations Act that apply to the Commission, with or without any prescribed modifications. Objects 3

(1) The Commission has the following objects: 1. To exercise the powers and perform the duties assigned under this or any other Act to the Commission. 2. To administer the alcohol, cannabis, gaming and horse racing statutes and the regulations made under them. 3. To engage in such other activities as may be prescribed. Duty to act in the public interest

(2) The Commission shall exercise its powers and perform its duties in the public interest and in accordance with the principles of honesty and integrity, and social responsibility. General powers 4

(1) Except as limited by this Act, the Commission has the capacity, rights and powers of a natural person for carrying out its objects. Cabinet approval

(2) The Commission shall not exercise the following powers without the approval of the Lieu tenant Governor in Council: 1. Acquiring, disposing of, leasing, mortgaging, charging or otherwise transferring or encumbering any interest in real property, except for leasing space that is reasonably necessary for the purposes of the Commission. 2. Borrowing or lending money. 3. Pledging, charging or encumbering any of its personal property. 4. Creating a subsidiary. BOARD OF DIRECTORS Board of directors 5

(1) The board of directors of the Commission consists of not more than 11 members appointed by the Lieutenant Governor in Council. Remuneration

(2) The members are entitled to be paid remuneration and reimbursement for reasonable expenses as determined by the Lieutenant Governor in Council. Chair and vice-chairs

(3) The Lieutenant Governor in Coun cil shall designate one of the members as the chair and may designate one or more members as vice-chairs. Acting chair

(4) If the chair is absent or unable to act, or if the office of the chair is vacant, a vice-chair shall act as the chair. Same

(5) If the chair and vice-chairs are absent, the members present shall appoint an acting chair from among themselves.

5 Quorum

(6) A majority of the members constitutes a quorum of the board. Powers and duties of the board 6

(1) The board of directors of the Commission shall manage and supervise the activities and affairs of the Commission. By-laws

(2) The board may make by -laws regulating its proceedings and generally for the conduct and management of the affairs of the Commission. Guidelines

(3) The board may establish guidelines governing the exercise of any of the powers and the performance of any duties under this Act or the administration of this Act and any of the alcohol, cannabis, gaming and horse racing statutes. Delegation

(4) The board may delegate in writing any of its powers and duties to one or more officers or employees of the Commission other than the power to, (

a) make, amend or repeal by-laws of the Commission; (

b) establish fees and charges under

section 13; and (

c) establish a

schedule of monetary penalties under

section 14. Conditions

(5) A delegation made under subsection (4) is subject to any conditions set out in the delegation. Duty to inform Minister

(6) The board shall, (

a) inform the Minister of any matters tha t are of an urgent, critical or relevant nature and that are likely to require action by the Commission or the Minister to ensure that the Commission is able to properly carry out its objects and advise the Minister with respect to such matters; and (

b) advise or report to the Minister on any matter that the Minister may refer to the Commission relating to this Act or to the administration of any of the alcohol, cannabis, gaming and horse racing statutes. Information

(7) The board may require that any inf ormation related to the administration of this Act or of any of the alcohol, cannabis, gaming and horse racing statutes be provided in a manner approved by the board. REGISTRAR, EMPLOYEES, ETC. Registrar 7

(1) The board of directors of the Commission shal l appoint a Registrar for the purposes of this Act, the alcohol, cannabis, gaming and horse racing statutes and any regulations made under them. Deputy Registrars

(2) The Registrar may appoint one or more Deputy Registrars and may delegate his or her powers or duties to them, subject to any conditions set out in the delegation. Transition

(3) The person who is the Registrar for the purposes of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 immediately before this

section comes into force is deemed to have been appointed by the board as the Registrar under subsection (1). Registrar’s certificate 8

(1) The Registrar may issue a certificate that contains information concerning any of the foll owing matters with respect to this Act or any of the alcohol, cannabis, gaming and horse racing statutes: 1. The issuance or non-issuance of a licence, permit, authorization or endorsement. 2. The registration or non-registration of any person. 3. The filing or non-filing of any document or material required to be filed with the Commission. 4. The time when the facts upon which a proceeding is based first came to the knowledge of the Registrar.

6 5. Any other matter pertaining to any licence, permit, aut horization, registration or endorsement under the alcohol, cannabis, gaming and horse racing statutes or to the filing or non-filing of any document under those Acts. Admissibility of certificate

(2) The certificate is, without proof of the office or sign ature of the Registrar, receivable in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the certificate. Employees 9

(1) The Commission may appoint such employees as is it determines are necessary for the proper conduct of its affairs. Same

(2) Subject to the approval of the Lieutenant Governor in Council, the board of directors of the Commission shall establish job categories, salary ranges and terms and conditions of employment for its employees. Immunity of employees and others 10

(1) No cause of action arises against, (

a) a director, officer or employee of the Commission as a result of any act done in good faith in the performance or intended performance of their duties under this Act or any of th e alcohol, cannabis, gaming and horse racing statutes or any alleged neglect or default in the performance in good faith of those duties; or (

b) the Crown, a minister of the Crown, or an employee of the Crown as a result of any act or omission of a person who is not a minister of the Crown or a Crown employee, if the act or omission is related, directly or indirectly, to the Commission’s affairs or to the administration of this Act or any of the alcohol, cannabis, gaming and horse racing statutes. No proceeding

(2) No proceeding shall be instituted against, (

a) a director, officer or employee of the Commission by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in clause (1) (a); or (

b) the Crown, a minister of the Crown or an employee of the Crown by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in clause (1) (b). Same (3) Subsections (1) and (2) do not relieve the Commission of any liability to which it would otherwise be subject. FINANCIAL MATTERS AND MONETARY PENALTIES Funding 11 Money required for the purpose of this Act shall be paid out of the money appropriated for that purpose by the Legislature. Certain financial powers and duties 12

(1) Subject to the approval of Treasury Board, the Commission may direct the Ontario Lottery and Gaming Corporation to pay to the Commission such money as it directs, and that money may be used for the purposes of the Commis sion. Monetary penalties received

(2) If the Commission receives money from monetary penalties imposed with respect to contraventions of any of the alcohol, cannabis, gaming and horse racing statutes, the money may only be used for the following purposes: 1. Public awareness, education and training programs for the general public in relation to alcohol, cannabis, gaming and horse racing. 2. Education and training programs for licence holders, permit holders, authorization holders, registrants and other persons governed by the alcohol, cannabis, gaming and horse racing statutes. Fees and charges 13

(1) The board of directors of the Commission may, (

a) establish fees or other charges, subject to the approval of the Minister; (

b) provide for the waiver of fees and charges; and (

c) provide for refunds for the purposes of this Act and the administration of any of the alcohol, cannabis, gaming and horse racing statutes or any regulations made under them.

7 Not regulations

(2) Part III (Regulations) of the Legislation Act, 2006 does not apply to any document created under subsection (1) governing fees or charges. Publication

(3) The Registrar shall publish any document establishing fees or charges on the Commission’s website or by any other method that may be prescribed. Monetary penalties Definition 14

(1) In this section, “Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999.

Schedule of monetary penalties

(2) Subject to the approval of the Minister, t he board of directors of the Commission may establish a

schedule of monetary penalties that may be imposed with respect to contraventions of any of the alcohol, cannabis, gaming and horse racing statutes or any regulations made under them. Not regulations

(3) Part III (Regulations) of the Legislation Act, 2006 does not apply to the

schedule of monetary penalties. Publication

(4) The Registrar shall publish the

schedule of monetary penalties on the Commission’s website or by any other method that may be prescribed. Registrar’s power to impose penalties

(5) The Registrar may impose monetary penalties set out in the

schedule of monetary penalties by serving notice of the monetary penalty. Guidelines to be considered

(6) In determining whether to impose a monetary penalty, the Registrar shall have regard to any guidelines governing the imposition of such penalties established by the board under subsection 6 (3). Appeal

(7) Subject to subsection (8), a person on whom a monetary penalty is imposed may appeal to the Tribunal by serving a written request on the Tribunal and the Registrar within 15 days after the Registrar serves notice of the monetary penalty. No appeal re rules of racing

(8) The Registrar’s decision to impose a monetary penalty for contraveni ng the rules of racing made under the Horse Racing Licence Act, 2015 may not be appealed to the Tribunal. Procedure on appeal

(9) A hearing before the Tribunal shall be held in accordance with the Licence Appeal Tribunal Act, 1999. Powers of Tribunal on hearing

(10) Upon holding a hearing, the Tribunal may confirm the monetary penalty or set it aside. Decision final

(11) A decision of the Tribunal under subsection (10) is final. Annual report 15

(1) The Commission shall prepare an annual report, provide it to the Minister and make it available to the public. Same

(2) The Commission shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (

a) the form and content of the annual report; (

b) when to provide it to the Minister; and (

c) when and how to make it available to the public. Same

(3) The Commission shall include such additional content in the annual report as the Minister may require.

8 Tabling of annual report

(4) The Minister shall table the Commission’s annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it. REGULATIONS Regulations 16 The Lieutenant Governor in Council may make regulations, (

a) respecting anything that this Act refers to as provided for in the regulations; (

b) respecting any matter necessary to facilitate the implementation of this Act. AMENDMENT TO THIS ACT, REPEAL, AND REVOCATIONS Amendment to this Act 17 Subsections 2 (4) and (5) of this Act are amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”. Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 18

Part I of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 is repealed. Revocations 19 The following regulations made under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 are revoked: 1. Ontario Regulation 469/18 (Monetary Penalties: Prescribed Legislation). 2. Ontario Regulation 141/01 (Assignment of Powers and Duties). CONSEQUENTIAL AMENDMENTS Cannabis Licence Act, 2018 20

(1) The definition of “Commission” in subsection 1 (1) of the Cannabis Licence Act, 2018 is amended by striking out “established under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 ” and substituting “continued under the Alcohol and Gaming Commission of Ontario Act, 2019”.

(2) The definition of “Registrar” in subsection 1 (1) of the Act is amended by striking out “ Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996” and substituting “Alcohol and Gaming Commission of Ontario Act, 2019”. (3) Subsection 46 (1) of the Act is amended by striking out “section 7 of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 ” and substituting “section 9 of the Alcohol and Gaming Commission of Ontario Act, 2019”. Gaming Control Act, 1992 21

(1) The definition of “Board” in subsection 1 (1) of the Gaming Control Act, 1992 is amended by striking out “established under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 ” and substituting “continued under the Alcohol and Gaming Commission of Ontario Act, 2019”.

(2) The definition of “Registr ar” in subsection 1 (1) of the Act is amended by striking out “ Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996” and substituting “Alcohol and Gaming Commission of Ontario Act, 2019”. Horse Racing Licence Act, 2015 22

(1) The

definitions of “Board” and “Commission” in

section 1 of the Horse Racing Licence Act, 2015 are amended by striking out “established under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 ” wherever it appears and substituting in each case “continued under the Alcohol and Gaming Commission of Ontario Act, 2019”.

(2) The definition of “Registrar” in

section 1 of the Act is amended by striking out “ Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996” and substituting “Alcohol and Gaming Commission of Ontario Act, 2019”. Licence Appeal Tribunal Act, 1999 23

(1) Subsection 5.1 (1) of the Licence Appeal Tribunal Act, 1999 is amended by striking out “under

section 14.1 of the Alcohol, Cannabis and Gaming Regu lation and Public Protection Act, 1996 ” and substituting “under

section 14 of the Alcohol and Gaming Commission of Ontario Act, 2019”.

(2) Subsection 5.1 (2) of the Act is amended by striking out “ Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996” and substituting “Alcohol and Gaming Commission of Ontario Act, 2019”. (3) Subsection 11 (4) of the Act is amended by striking out “ Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996” and substituting “Alcohol and Gaming Commission of Ontario Act, 2019”.

Ontario Lottery and Gaming Corporation Act, 1999 24 Paragraph 4 of subsection 14 (1) of the Ontario Lottery and Gaming Corporation Act, 1999 is amended by striking out “under subsection 8 (2) of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996” at the end and substituting “under subsection 12 (1) of the Alcohol and Gaming Commission of Ontario Act, 2019”. COMMENCEMENT AND

SHORT TITLE Commencement 25 The Act set out in this

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

Short title 26 The

short title of the Act set out in this

Schedule is the Alcohol and Gaming Commission of Ontario Act, 2019.

SCHEDULE 2 ALCOHOL, CANNABIS AND GAMING REGULATION AND PUBLIC PROTECTION ACT, 1996 1 The

short title of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 is repealed and the following substituted: Liquor Tax Act, 1996 2 The Act is amended by striking out “this Part” wherever it appears and substituting in each case “this Act”. 3 Except in the English version of subparagraph 2 ii of subsection 17 (6), the Act is amended by striking out “Board” wherever it appears and substituting in each case “LCBO”. 4 The English version of the Act is amended by, (

a) striking out “wine coolers” wherever it appears and substituting in each case “wine cooler”; (

b) striking out “a wine cooler” wherever it appears and substituting in each case “wine cooler”; and (

c) striking out “an Ontario wine cooler” wherever it appears and substituting in each case “Ontario wine cooler”. 5

(1) The definition of “agency store” in subsection 17 (1) of the Act is repealed and the following substituted: “agency store” means a retail store operated by an agent of the LCBO pursuant to paragraph 1 of

section 3 of the Liquor Control Board of Ontario Act, 2019; (“magasin-agence”) (2) Subsection 17 (1) of the Act is amended by adding the following definition: “adjustment date” means a date in a year prescribed for the purposes of

section 26; (“date de rajustement”)

(3) The definition of “annual adjustment date” in subsection 17 (1) of the Act is repealed.

(4) The definition of “authorized beer manufacturer” in subsection 17 (1) of the Act is repealed.

(5) The definition of “authorized grocery store” in subsection 17 (1) of the Act is amended by striking out “authorized under clause 3 (1) (e.1) of the Liquor Control Act” and substituting “licensed under the Liquor Licence and Control Act, 2019”.

(6) The definition of “beer” in subsection 17 (1) of the Act is amended by striking out “ Liquor Licence Act ” and substituting “Liquor Licence and Control Act, 2019”.

(7) The definition of “beer manufacturer” in subsection 17 (1) of the Act is amended by striking out “or” at the end of clause (b), by adding “or” at the end of subclause (c) (ii) and by adding the following clause: (

d) a person who makes beer in a province or territory of Canada other than Ontario and who, for the purpose of selling the beer to purchasers in Ontario, ships the beer to Ontario in a prescribed manner;

(8) The definition of “beer manufacturer” in subsection 17 (1) of the Act, as amended by subsection (7), is repealed and the following substituted: “beer manufacturer” means a manufacturer licensed under the Liquor Licence and Control Act, 2019 to sell its beer to the LCBO or in stores that it owns and operates; (“fabricant de bière”)

(9) The definition of “beer vendor” in subsection 17 (1) of the Act is repealed.

(10) The definition of “Board” in subsection 17 (1) of the Act is repealed.

(11) The definition of “collector” in subsection 17 (1) of the Act is repealed and the following substituted: “collector” means a licensee that is permitted to sell liquor, an agency store, an operator of a secondary location of a brew pub or, if it remits taxes to the Minister, an affiliate of a winery; (“percepteur”)

(12) The definition of “Commission” in subsection 17 (1) of the Ac t is amended by striking out “established under

section 2” and substituting “continued under the Alcohol and Gaming Commission of Ontario Act, 2019”.

(13) The definition of “distillery retail store” in subsection 17 (1) of the Act is amended by striking o ut “authorized under clause 3 (1) (

e) of the Liquor Control Act” and substituting “licensed under the Liquor Licence and Control Act, 2019”.

(14) Clause (

a) of the definition of “draft beer” in subsection 17 (1) of the Act is amended by striking out “made by a beer manufacturer”.

(15) The definition of “increase date” in subsection 17 (1) of the Act is repealed. (16) Subsection 17 (1) of the Act is amended by adding the following definition:

11 “LCBO” means the Liquor Control Board of Ontario continued under the Liquor Control Board of Ontario Act, 2019; (“Régie des alcools”)

(17) The definition of “licence” in subsection 17 (1) of the Act is repealed and the following substituted: “licence” means a licence issued under the Liquor Licence and Control Act, 2019; (“permis”)

(18) The definition of “licensee” in subsection 17 (1) of the Act is repealed and the following substituted: “licensee” means a person who holds a licence or who holds a permit issued under the Liquor Licence and Control Act, 2019; (“titulaire de permis”)

(19) The definition of “liquor” in subsection 17 (1) of the Act is repealed and the following substituted: “liquor” has the same meaning as in the Liquor Licence and Control Act, 2019; (“boisson alcoolisée”)

(20) The definition of “non -draft beer” in subsection 17 (1) of the Act is amended by striking out “made by a beer manufacturer”.

(21) The definition of “Ontario wine” in subsection 17 (1) of the Act is amended by striking out “ Liquor Licence Act” and substituting “Liquor Licence and Control Act, 2019”.

(22) The French version of the definition of “purchaser” in subsection 17 (1) of the Act is amended by striking out “boissons alcooliques” wherever it appears and substituting in each case “boissons alcoolisées”.

(23) The definition of “spirits” in subsection 17 (1) of the Act is amended by striking out “ Liquor Licence Act ” and substituting “Liquor Licence and Control Act, 2019”.

(24) The definition of “spirits manufacturer” in subsection 17 (1) of the Act is amended by st riking out “authorized under the Liquor Control Act to sell its spirits” and substituting “licensed under the Liquor Licence and Control Act, 2019 to sell its spirits to the LCBO or”.

(25) The definition of “wine” in subsection 17 (1) of the Act is amended by striking out “ Liquor Licence Act ” and substituting “Liquor Licence and Control Act, 2019”.

(26) Clause (

b) of the definition of “wine boutique” in subsection 17 (1) of the Act is amended by striking out “authorized under the Liquor Control Act” and substituting “licensed under the Liquor Licence and Control Act, 2019”.

(27) The definition of “winery” in subsection 17 (1) of the Act is repealed and the following substituted: “winery” means a manufacturer licensed under the Liquor Licence and Con trol Act, 2019 to sell wine or wine cooler to the LCBO or in stores that it owns and operates; (“établissement vinicole”)

(28) The definition of “winery retail store” in subsection 17 (1) of the Act is repealed and the following substituted: “winery retail store” means a store in Ontario owned and operated by a winery from which the winery is licensed under the Liquor Licence and Control Act, 2019 to sell wine and wine cooler to purchasers; (“magasin de détail d’établissement vinicole”) (29) Subsection 17 (2) of the Act is repealed and the following substituted: Persons deemed to be purchasers

(2) If a collector distributes liquor in Ontario without charge or purchases liquor that is not sold to another person, the collector is deemed to be a purchaser that is liable to pay tax under this Act in respect of the liquor that is distributed without charge or purchased and not sold.

(30) The French version of subsection 17 (3) of the Act is amended by striking out “boissons alcooliques” in the portion before clause (

a) and substituting “boissons alcoolisées”. (31) Clause 17 (3) (

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

a) if the purchase is by or from the LCBO or if the liquor was, at any time, purchased from the LCBO; (32) Clause 17 (3) (

c) of the Act is amended by striking out “ Liquor Licence Act” at the end and substituting “ Liquor Licence and Control Act, 2019”.

(33) The French version of clause 17 (3) (

d) of the Act is amended by striking out “boissons alcooliques” in the portion before subclause (

i) and substituting “boissons alcoolisées”.

(34) Subclause 17 (3) (d) (ii) of the Act is repealed and the following substituted: (ii) is from a collector located on the reserve, and (35) Clause 17 (3) (

f) of the Act is repealed.

(36) The French version of clause 17 (3) (

g) of the Act is amended by striking out “boissons alcooliques” and substituting “boissons alcoolisées”.

12 6 The French version of

section 18 of the Act is amended by striking out “boissons alcooliques” and substituting “boissons alcoolisées”. 7

(1) Subsections 18.1 (1) and (3) of the Act are amended by striking out “a sales year that begins on or after March 1, 2011” at the end and substituting “a sales year”.

(2) Subsection 18.1 (5) of the Act is amended by striking out “a 1 2-month period that begins on July 1, 2010 or on a subsequent July 1” and substituting “any 12-month period that begins on July 1”.

(3) Subsection 18.1 (5.1) of the Act is amended by striking out “a 12 -month period that begins on July 1 in a year” at the end and substituting “any 12-month period that begins on July 1”. 8

Section 20 of the Act is repealed. 9 (1) Subsection 21 (1) of the Act is amended by striking out “manufactured by a beer manufacturer”. (2) Subsection 21 (2) of the Act is repealed and the following substituted: Basic tax rate

(2) The basic tax rate for the purposes of subsection (1) is, (a) 72.45 cents per litre for draft beer or, if that rate has been adjusted under

section 26, the rate most recently calculated under that section; or (b) 89.74 cents per litre for non-draft beer or, if that rate has been adjusted under

section 26, the rate most recently calculated under that section. (3) Subsection 21 (3) of the Act is repealed. (4) Subsection 21 (4) of the Act is amended by stri king out “subsections (1), (2) and (3)” and substituting “subsections (1) and (2)” and by striking out “increase date” wherever it appears and substituting in each case “adjustment date”. (5) Subsection 21 (4) of the Act is amended by striking out “beer vendor” and substituting “collector”. 10

(1) Section 22 of the Act is amended by adding the following subsection: Exception, beer made by microbrewer Definition

(0.1) In this section, “brewer” means any person that manufactures beer. (2) Subsection 22 (1) of the Act is amended by striking out “per litre” in the portion before paragraph 1.

(3) Paragraphs 1 and 2 of subsection 22 (1) of the Act are repealed and the following substituted: 1. For draft beer, the rate determined by subtracting 36.49 cents from the basic tax rate per litre for draft beer under

section 21 that is in effect at the time of the purchase. 2. For non-draft beer, the rate determined by subtracting 49.99 cents from the basic tax rate per litre for non -draft beer under

section 21 that is in effect at the time of the purchase. (4) Subsections 22 (1) to (3.2) of the Act are amended by striking out “beer manufacturer” wherever it appears and substituting in each case “brewer”.

(5) The English version of Paragraph 1 of subsection 22 (3) of the Act is amended by striking out “beer manufacturer’s” and substituting “brewer’s”. (6) Subsection 22 (3.3) of the Act is repealed. (7) Subsection 22 (4) of the Act is repealed and the following substituted: Worldwide beer production

(4) The following shall be included in determining the amount of a brewer’s worldwide production of beer for a particular production year for the purposes of this section: 1. All beer manufactured during the production year by the brewer, including beer that is manufactured under contract for another brewer. 2. All beer manufactured during the production year by an affiliate of the brewer, including beer manufactured by the affiliate under contract for another brewer. 3. All beer manufactured during the production year by another brewer under contract for the brewer or for an affiliate of the brewer. (8) Subsection 22 (6) of the Act is repealed and the following substituted:

13 List of microbrewers

(6) The Minister shall compile annually and make available to the public for each sales year a list containing, (

a) the names of microbrewers that sell beer in Ontario that is subject to tax under this Act for the sales year; and (

b) the names of the brands of beer they manufacture. 11

Section 23 of the Act is amended by striking out “manufactured by a beer manufacturer”. 12

Section 24 of the Act is amended by striking out “manufactured by a beer manufacturer”. 13 (1) Subsection 25 (1) of the Act is repealed and the following substituted: Beer made at brew pub

(1) Despite

section 21, a purchaser of draft beer that was made at a brew pub in Ontario by the holder of the licence with a brew pub endorsement for that brew pub shall pay the basic tax referred to in subsection (2) in respect of the pur chase if the beer is purchased at the brew pub or at a secondary location related to the brew pub. (2) Subsection 25 (2) of the Act is repealed and the following substituted: Basic tax rate

(2) The basic tax rate for the purposes of subsection (1) is 33. 41 cents per litre or, if that rate has been adjusted under

section 26, the rate most recently determined under that section. (3) Subsection 25 (4) of the Act is amended by striking out “increase date” wherever it appears and substituting in each case “adjustment date”. 14 (1) Subsection 26 (1) of the Act is repealed and the following substituted: Adjustment to basic tax rate

(1) The Minister may, by regulation, prescribe a date in a year as of which the basic tax rates for the purposes of sections 21 and 25 shall be adjusted in accordance with this section. (2) Subsections 26 (1.1) and (1.2) of the Act are repealed. (3) Subsection 26 (2) of the Act is repealed and the following substituted: Calculation of basic tax rates

(2) The basic tax rates, expre ssed in cents per litre, effective as of the date prescribed by the Minister under subsection (1) shall be calculated using the formula, A + (A ×

B) in which, “A” is the basic tax rate in effect immediately before the date prescribed by the Minister, and “B” is the index factor calculated under subsection (2.1). (4) Subsection 26 (3) of the Act is amended by striking out “an annual adjustment date” and substituting “the date prescribed by the Minister under subsection (1)”. 15

(1) Section 27 of the Act is amended by striking out “January 1, 2020” wherever it appears and substituting in each case “June 1, 2020”. (2) Subsection 27 (1.1) of the Act is amended by, (

a) striking out “on or after January 1, 2017” in the portion before paragraph 1; (

b) repealing paragraphs 1 and 2; and (

c) striking out “on or after April 1, 2018 and” in paragraph 3. (3) Subsection 27 (2) of the Act is amended by, (

a) repealing paragraphs 1 to 3; and (

b) striking out “on or after April 1, 2018 and” in paragraph 4. (4) Subsection 27 (2.1) of the Act is amended by, (

a) striking out “on or after January 1, 2017” in the portion before paragraph 1; (

b) repealing paragraphs 1 and 2; and (

c) striking out “on or after April 1, 2018 and” in paragraph 3.

14 (5) Subsection 27 (2.2) of the Act is repealed.

(6) Paragraphs 1 and 2 of subsection 27 (3) of the Act are repealed and the following substituting: 1. Determine the amount charged to the purchaser. 2. Subtract the amount of any deposit on the container con taining the wine or wine cooler that is required to be collected or remitted under any deposit return program established under the Liquor Licence and Control Act, 2019. 16 Paragraphs 1 and 2 of subsection 29.1 (2) of the Act are repealed and the following substituted: 1. Determine the amount charged to the purchaser. 2.

Subtract the amount of any deposit on the container containing the spirits that is required to be collected or remitted under any deposit return program established under the Liquor Licence and Control Act, 2019. 17 The English version of

section 29.2 of the Act is amended by striking out “a spirits cooler” wherever it appears and substituting in each case “spirits cooler”. 18

(1) Section 30 of the Act is amended by striking out “increase date” wherever it appears and substituting in each case “adjustment date”.

(2) Section 30 of the Act, as amended by subsection (1), is repealed and the following substituted: Tax collection and remittance Collection 30

(1) Every collector that sells or delivers liquor to a purchaser in Ontario shall, as agent of the Minister, collect at the time of the sale or delivery all taxes imposed under this Act on the purchaser in respect of the purchase of the liquor. Same

(2) Every collector shall, on the sale or delivery of liquor to another collector, collect from that collector at the time of the sale or delivery, as agent of the Minster, an amount on account of all taxes imposed under this Act on a purchaser in respect of t he purchase of the liquor. Remittance by collector

(3) Every collector that purchases or receives delivery of liquor from another collector shall pay to that collector an amount on account of all taxes imposed under this Act on a purchaser in respect of the purchase of the liquor. Remittance by manufacturer, etc.

(4) Every beer manufacturer, winery or spirits manufacturer that collects taxes or amounts on account of taxes as required under this

section shall remit all amounts collected to the Minister in accordance with the regula tions. Remittance by manufacturer on delivery of beer to retail store

(5) If a beer manufacturer delivers beer to its own retail store, the beer manufacturer shall remit an amount on account of tax to the Minister in accordance with the regulations as tho ugh the amount had been collected from another collector under subsection (2), and the beer manufacturer is deemed to have collected the amount on account of tax on the day of the delivery. Remittance through affiliate

(6) Despite subsection (4), a winery that is a corporation may remit the taxes or amounts on account of taxes to a corporation that is an affiliate of the winery, and the affiliate shall, (

a) collect the taxes or amounts on account of taxes as agent for the Minister; and (

b) remit the taxes or amounts on account of taxes to the Minister in accordance with the regulations. Remittance by licensee of brew pub

(7) Every licensee of a brew pub shall remit to the Minister in accordance with the regulations all taxes collected under subsection (1) in respect of the purchase of draft beer brewed at the brew pub and all amounts collected as required under subsection (2) from an operator of a place that is a secondary location related to the brew pub in respect of draft beer made at the brew pub. Collection and remittance after change in beer tax rate

(8) The following rule applies if a collector receives delivery of beer before an adjustment date or is otherwise liable to pay tax at the rate in effect immediately before an adjustment date and then s ells or delivers the beer to a purchaser or another collector on or after the adjustment date: 1. Despite subsections (1), (2) and (3), the collector and any subsequent collector who receives delivery of the beer shall collect or pay taxes or amounts on a ccount of taxes in respect of that beer as if the taxes were being imposed on the purchaser immediately before the adjustment date.

15 Same, beer manufacturer

(9) The following rule applies if beer is available for sale before an adjustment date at a store o wned and operated by a beer manufacturer and then the beer is sold or delivered to a purchaser on or after the adjustment date: 1. Despite subsection (1), the taxes to be collected by the beer manufacturer in respect of the beer shall be determined as if the beer were sold or delivered to the purchaser immediately before the adjustment date. Same, licensee of brew pub

(10) The following rules apply if draft beer is made at a brew pub before an adjustment date and then the licensee of the brew pub sells or delivers the draft beer to a purchaser on or after the adjustment date or sells or delivers the draft beer on or aft er the adjustment date to an operator of a place that is a secondary location related to the brew pub: 1. Despite subsection (1), the taxes to be collected by the licensee of the brew pub in respect of the draft beer sold or delivered to a purchaser shall be determined as if the draft beer were sold to the purchaser immediately before the adjustment date. 2.

Despite subsections (2) and (3), the amount to be collected by the licensee of the brew pub from the operator of the secondary location on account of taxes imposed on a purchaser in respect of the purchase of the draft beer shall be determined as if the draft beer were sold immediately before the adjustment date. Same, operator of secondary location

(11) The following rule applies if draft beer is made at a brew pub before an adjustment date and then an operator of a place that is a secondary location related to the brew pub sells or delivers the draft beer to a purchaser on or after the adjustment date: 1. Despite subsection (1), the taxes to be collected by the operator of the secondary location in respect of the draft beer shall be determined as if the draft beer were sold or delivered to the purchaser immediately before the adjustment date. 19 Sections 30.1, 30.2 and 31 of the Act are repealed. 20

Section 31.1 of the Act is amended by striking out “in lieu of” in the portion before paragraph 1 and substituting “on account of”. 21

Section 35 of the Act is amended by striking out “beer, wine or wine cooler” and substituting “liquor”. 22 Subsection 38 (3) of the Act is amended by striking out “draft beer, non -draft beer, wine and wine coolers” and substituting “liquor”. 23 Subsections 47 (1) and (2) of the Act are repealed and the following substituted: Refund to collector, sale on reserve

(1) A collector who sells liquor to a purchaser who is exempt from the payment of tax imposed by this Act may apply to the Minister through the manufacturer that manufactured the liquor for a refund of the amount paid by the collector to the manufacturer on account of taxes paid under this Act in respect of the liquor. Same

(2) If the Minister considers it appropriate to do so, t he Minister may require a collector referred to in subsection (1) to apply directly to the Minister for refunds described in that subsection and, upon notification by the Minister to the collector and the manufacturer, no further refunds shall be made through the manufacturer. 24 The French version of subsection 50 (3) of the Act is amended by striking out “cette partie” and substituting “la présente loi”. 25 The Act is amended by adding the following section: Information required to administer this Act 62.1 A person employed by the Government of Ontario, the LCBO or the Commission may communicate, or allow to be communicated, to an official or authorized person employed by the Government of Ontario, the LCBO or the Commission any information that is not governed by

section 62 and that is required for the administration or enforcement of this Act. 26

Section 64 of the Act is repealed. 27

(1) The French version of subsection 65 (1) of the Act is amended by striking out “boissons alcooliques” wherever it appears and substituting in each case “boissons alcoolisées”. (2) Subsection 65 (2) of the Act is amended by striking out “Beer vendors, wineries, authorized grocery stores and spirits manufacturers” at the beginning and substituting “Collectors”. 28 Sections 66 to 69 and

section 72 of the Act are repealed. Business Corporations Act 29 Paragraph 0.1 of subsection 241 (1) of the Business Corporations Act is repealed and the following substituted:

16 0.1 Liquor Tax Act, 1996. Ministry of Revenue Act 30 Paragraph 1 of subsection 11.6 (1) of the Ministry of Revenue Act is repealed and the following substituted: 1. The Liquor Tax Act, 1996. Retail Sales Tax Act 31 Paragraph 1 of subsection 6 (3) of the Retail Sales Tax Act is repealed and the following substituted: 1. Liquor Tax Act, 1996. Taxation Act, 2007 32 Sections 104.13 to 104.15 of the Taxation Act, 2007 are amended by striking out “ Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996” wherever it appears and substituting in each case “Liquor Tax Act, 1996”. Commencement 33

(1) Subject to subsection (2), this

Schedule comes into force on day to be named by proclamation of the Lieutenant Governor. (2) Subsections 5 (2), (3), (7) and (15), 9 (2), (3) and (4), 1 0 (2) and (3) and 13 (2) and (3),

section 14, subsections 15 (1) and 18 (1) and this

section come into force on the day the Plan to Build Ontario Together Act, 2019 receives Royal Assent.

SCHEDULE 3 CANNABIS CONTROL ACT, 2017 1 Subsection 20 (1) of the Cannabis Control Act, 2017 is amended by adding “instead of commencing a proceeding under the Provincial Offences Act” at the end. 2 Subsection 23 (7) of the Act is repealed and the following substituted: Youth education, prevention program participation

(7) If an individual is convicted of an offence under

section 10, the court may suspend the passing of sentence and, as a condition in a probation order, direct that the individual participate in one or more approved youth education or prevention programs, subject to any conditions or restrictions the court may specify. Same

(8) A condition imposed in a probation order under subsection (7) is in addition to any other condition the court may impose in a probation order under the Provincial Offences Act. Commencement 3 This

Schedule comes into force on the day the Plan to Build Ontario Together Act, 2019 receives Royal Assent.

SCHEDULE 4 CANNABIS LICENCE ACT, 2018 1 Subsection 4 (4) of the Cannabis Licence Act, 2018 is repealed and the following substituted: Restriction, producers

(4) A person who is the holder of a prescribed licence issued under the Cannabis Act (Canada) to produce cannabis for commercial purposes or, if no licence or licences are prescribed, a pe rson who is the holder of any such licence, is subject to the following restrictions in respect of an application that may be made by the person under subsection (1): 1. Except as otherwise provided by the regulations, the proposed cannabis retail store must be located on or within the site set out in the licence. 2.

The person and its affiliates, as defined by the regulations, may not between them hold more than one retail store authorization or such other number of retail store authorizations as may be prescribed. 3. Any other restriction that may be prescribed. 2 Sections 20 and 21 of the Act are repealed and the following substituted: In-store distribution only 20

(1) The holder of a retail store authorization shall ensure that cannabis purchased from the cannabis retail store is distributed only in person, to the individual who purchased the cannabis, at the cannabis retail store. Same (2) Subsection (1) applies regardless of whether or not the cannabis was purchased from the cannabis retail store i n person at the store. Limits on amount of cannabis sold, distributed 21

(1) In this section, “maximum permissible cannabis amount” means 30 grams of dried cannabis or the equivalent amount of another class of cannabis determined in accordance with Schedu le 3 to the Cannabis Act (Canada), or such other amount as may be prescribed. Limit on amount sold in person at cannabis retail store

(2) The holder of a retail store authorization shall ensure that the amount of cannabis sold to an individual in person a t the cannabis retail store in a single visit, whether in single or multiple transactions, does not exceed the maximum permissible cannabis amount. Limit on amount sold, online or telephone sales

(3) The holder of a retail store authorization shall ensure that the amount of cannabis sold to an individual by the cannabis retail store in a single transaction online or over the telephone does not exceed the maximum permissible cannabis amount. Limit on distribution

(4) The holder of a retail store authorization shall ensure that the amount of cannabis distributed to an individual in the cannabis retail store in a single visit does not exceed the maximum permissible cannabis amount. 3 (1) Subsection 26 (1) of the Act is amended by striking out “Subject to subsection (2), the Registrar” at the beginning and substituting “The Registrar”. (2) Subsection 26 (2) of the Act is repealed and the following substituted: Conflict

(2) In the event of a conflict or inconsistency, the regulations prevail over the standard s and requirements established under subsection (1) to the extent of the conflict or inconsistency. (3) Subsection 26 (6) of the Act is amended by striking out “Every holder” at the beginning and substituting “Subject to subsection (2), every holder”. 4 Subsection 49 (1) of the Act is amended by adding the following clause: (d.1) for the purposes of subsection 4 (4), (

i) specifying licences or classes of licences, (ii) providing that proposed cannabis retail stores may be located on or withi n sites or locations other than the site set out in the licence, as specified by the regulations, for the purposes of paragraph 1 of that subsection, (iii) specifying a different number of retail store authorizations, and defining “affiliate”, for the pur poses of paragraph 2 of that subsection,

19 (iv) prescribing additional restrictions for the purposes of paragraph 3 of that subsection; Cannabis Control Act, 2017 5

Section 9 of the Cannabis Control Act, 2017 is repealed and the following substituted: Unlawful purchase 9 No person shall purchase cannabis except, (

a) from the Ontario Cannabis Retail Corporation; or (

b) from any other authorized cannabis retailer, (

i) in person at the retailer’s cannabis retail store, as defined in the Cannabis Licence Act, 2018, or (ii) online or over the telephone. Ontario Cannabis Retail Corporation Act, 2017 6

(1) Section 2 of the Ontario Cannabis Retail Corporation Act, 2017 is repealed and the following substituted: Exclusive rights of Corporation Sale of cannabis 2

(1) The Corporation has the exclusive right in Ontario to sell cannabis, (

a) online and by any means other than by operating retail stores directly or indirectly; and (

b) to a holder of a retail store authorization under the Cannabis Licence Act, 2018 for the purpose of resale through a cannabis retail store. Exceptions (2) Subsection (1) does not apply with respect to the sale of cannabis, (

a) for medical purposes in accordance with

Part 14 of the Cannabis Regulations (Canada) or in accordance with a court order; (

b) to the Corporation in accordance with the Cannabis Act (Canada); or (

c) by such persons or entities, or in such circumstances, a s may be prescribed, subject to such conditions as may be prescribed. Same (3) Clause (1) (

a) does not apply with respect to the sale of cannabis by the holder of a retail store authorization under the Cannabis Licence Act, 2018 to an individual online or over the telephone, for distribution to the individual only in person at the holder’s cannabis retail store. Definition, “cannabis retail store”

(4) In this section, “cannabis retail store” has the same meaning as in the Cannabis Licence Act, 2018. Commencement 7 This

Schedule comes into force on the day the Plan to Build Ontario Together Act, 2019 receives Royal Assent.

SCHEDULE 5 CHILD, YOUTH AND FAMILY SERVICES ACT, 2017 1 Subsection 83 (1) of the Child, Youth and Family Services Act, 2017 is amended by striking out the portion before clause (

a) and substituting the following: Bringing children who are removed from or leave care to place of safety With warrant

(1) A justice of the peace may issue a warrant authorizing a peace officer or a child prote ction worker to bring a child to a place of safety if the justice of the peace is satisfied on the basis of a peace officer’s or a child protection worker’s swo rn information that, . . . . . 2 Clause 280 (1) (

a) of the Act is amended by striking out “subsection 244 (1)” and substituting “section 244”. 3 Clause 315 (11) (

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

a) make the requested correction by, (

i) recording the correct information in the record and, (

A) striking out the incorrect information in a manner that does not obliterate the record, or (

B) if that is not possible, labelling the information as incorrect, severing the incorrect information from the record, storing it separately from the record and maintaining a link in the record that enables a person to trace the incorrect information, or (ii) if it is not possible to make the requested correction in the manner set out in subclause (i), ensuring that there is a practical system in place to inform a person who accesses the record that the information in the record is incorrect and to direct the person to the correct information; Commencement 4

(1) Subject to subsection (2), this

Schedule comes into force on the day the Plan to Build Ontario Together Act, 2019 receives Royal Assent.

(2) Section 3 comes into force on the later of the day the Plan to Build Ontario Together Act, 2019 receives Royal Assent and the day subsection 315 (11) of

Schedule 1 ( Child, Youth and Family Services Act, 2017 ) to the Supporting Children, Youth and Families Act, 2017 comes into force.

SCHEDULE 6 CITY OF TORONTO ACT, 2006 1 Subsection 291 (2) of the City of Toronto Act, 2006 is amended by adding the following paragraph: 2.1 If there is a change to the permitted uses of the land in the year that would result in the assessment made under

section 36 of the Assessment Act for the taxation year differing from the assessment made for the year, recalculate the taxes determined under paragraph 1 as if the change to the permitted uses of the land had applied for the entire year. Commencement 2 This

Schedule comes into force on the day the Plan to Build Ontario Together Act, 2019 receives Royal Assent.

SCHEDULE 7 COMMODITY FUTURES ACT 1 (1) Subsection 12 (1) of the Commodity Futures Act is amended by striking out the portion before clause (

a) and substituting the following: Non-disclosure

(1) Except in accordance with subsection (1.1) or

section 13, no person or company shall disclose a t any time, . . . . .

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

(1.1) A disclosure by a person or company is permitted if, (

a) the disclosure is to the person’s or company’s counsel; or (

b) the disclosure is to the person’s or company’s insurer or insurance broker, and the person or company, or their counsel, (

i) gives written notice of the intended disclosure to a person appointed by the order under

section 7 at least 10 days before the date of the intended disclosure, (ii) includes in that written notice the name and head office address of the insurer or insurance broker and the name of the individual acting on behalf of the insurer or insurance broker to whom the disclosure is intended to be made, as applicable, and (iii) on making the disclosure, advises the insurer or insurance broker that the insurer or insurance broker is bound by the confidentiality requirements in subsection (2) and obtains a written acknowledgement from the insurer or insurance broker of this advice. (3) Subsection 12 (2) of the Act is amended by striking out “section 13” at the end and substituting “subsection (1.1) or

section 13”. 2 Subsection 67 (5) of the Act is amended by adding the following clause: (b.1) the rule is a rule made under clause 75 (3) (

b) extending a class order exemption; 3

Section 75 of the Act is repealed and the following substituted: General orders 75

(1) The Commission shall not make any orders or rulings of general application. Class order exemptions

(2) Despite subsection (1), if the Commission considers that it would not be prejudicial to the public interest to do so, the Commission may, on application by an interested person or company or on its own initiative, make an order exempting a class of persons or companies, contracts, trades or intended trades from any requirement of Ontario commodity futures law on such terms or conditions as may be set out in the order. Duration of class order exemption

(3) If an order is made under subsection (2), (

a) the order has no effect as of 18 months after the day on which it comes into force unless extended under clause (b); and (

b) the Commission may make a rule in accordance with sections 68 to 71 extending the order for a further period of up to 18 months. Public notice

(4) On or before the day on which an order described in subsection (2) is effective, the Commission shall publish a notice in its Bulletin that includes a description of the order, the reasons for it and the day on which it cea ses to have effect. Legislation Act, 2006,

Part III

(5) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (2). Commencement 4 This

Schedule comes into force on the day the Plan to Build Ontario Together Act, 2019 receives Royal Assent.

SCHEDULE 8 CO-OPERATIVE CORPORATIONS ACT 1 The definition of “Minister” in subsection 1 (1) of the Co-operative Corporations Act is amended by striking out “Minister of Finance” and substituting “Minister of Government and Consumer Services”. 2

Section 5 of the Act is amended by adding the following subsection: Limit on non-member business in articles (2.1) For greater certainty, the articles of incorporation are not required to set out the percentage of business that a co-operative is authorized to conduct with non-members, except if necessary for the purposes of subsection 144 (1). 3 The Act is amended by striking out “Minister” wherever it appears in the following provisions and substituting in each case “Chief Executive Officer of the Financial Services Regulatory Authority of Ontario”: 1. Subsection 34 (1). 2. Clause 34 (2) (b). 3. Subsections 35 (4) and (5).

Section 36. 5. Clause 37 (1) (a). 4

Section 53 of the Act is repealed. 5 Paragraph 4 of

section 114 of the Act is amended by adding “and an email address if one is provided” after “if any”. 6

Section 123 of the Act is repealed and the following substituted: Exemption from audit provisions 123

(1) A co-operative that meets the conditions in subsection (2) is exempt, in respect of a financial year, from sections 124 and 125, subsections 126 (1) and (2),

section 127, clause 128 (1) (

b) and subsection 128 (3) if, before the beginning of the financial year, one of the following conditions is satisfied: 1. Each member of the co -operative and each shareholder of the co -operative, if any, or his or her attorney authorized in writing, consents in writing to the exemption. 2.

The exemption is authorized by, i. a special resolution of the members of the co-operative, and ii. a resolution of the co-operative’s shareholders of every class of shares and every series of shares, if any, passed by the directors of the co-operative and submitted to a special meeting of the shareholders of every class of shares and every series of shares duly called for the purpose of considering the resolution and confirmed, with or without variation, by at least two-thirds of the votes cast, whether or not such shareholders or series -holders are otherwise entitled to vote, or such greater proportion of the votes cast as the articles provide.

Conditions for exemption (2) Subsection (1) only applies to a co-operative that, (

a) has never issued securities or, if it has issued securities, it was exempt from the requirement to file an offering statement under

section 34 in respect of the securities; (

b) has not received a grant or similar financial assistance from the federal government or a provincial or municipal government or an agency of any such government that has a condition requiring the co -operative to be audited in the financial year; and (

c) satisfies any prescribed conditions. Exemption for certain non-profit housing co-operatives (3) Subsection (1) does not apply to a non -profit housing co -operative in respect of a financial year if, at the end of the preceding financial year, the co-operative has more than $50,000 in capital or more than $50,000 in assets.

Interpretation of capital

(4) For the purposes of subsection (3), a non -profit housing co -operative’s capital is the sum of the following amounts, as shown on the co-operative’s financial statements for the preceding financial year: 1. Outstanding member and patronage loans made to the co-operative. 2. Unsecured long-term debt. 3. Surplus.

24 7

Section 141 of the Act is repealed. 8

(1) Section 143 of the Act is repealed and the following substituted: Affairs not conducted on a co-operative basis 143 Where the Minister is of the opinion that the business and affairs of the co -operative are not being conducted on a co - operative basis, the Minister may, after giving the co-operative an opportunity to be heard, (

a) issue a certificate of amendment changing the co -operative into a corporation subject to the provisions of the Business Corporations Act and, where necessary for the purpose, changing the co-operative into a corporation with share capital; or (

b) issue a certificate of amendment changing the co-operative into a corporation subject to the provisions of

Part III of the Corporations Act and, where necessary for the purpose, changing the co -operative into a corporation without share capital.

(2) Clause 143 (

b) of the Act, as re -enacted by subsection (1), is amended by striking out “a corporation subject to the provisions of

Part III of the Corporations Act” and substituting “a corporation subject to the Not-for-Profit Corporations Act, 2010”. 9 (1) Subsection 144 (1) of the Act is repealed and the following substituted: Limit on non-member business

(1) A co-operative shall not conduct 50 per cent or more of its business with non -members of that co -operative unless its articles or by-laws authorize it to do so.

(2) Paragraph 3 of subsection 144 (8) of the Act is repealed. 10

Section 144.1 of the Act is repealed and the following substituted: Membership requirements for co-operatives for workers 144.1

(1) If a co-operative’s articles provide that the co-operative’s primary object is to provide employment to its members, at least 75 per cent of its permanent full -time employees and 75 per cent of all employees, or such other proportions of employees as may be prescribed, must be members of the co-operative. Permanent full-time employees

(2) For the purposes of subsection (1), an employee is not a permanent full-time employee if, (

a) the employee is employed for a probationary period of one year or less; (

b) the employee is employed under a contract for a term of two years or less; or (

c) the employee’s regular hours of work are less than fifteen hours per week. 11 Subsection 144.2 (1) of the Act is amended by striking out “over a period of three years or more”. 12 (1) Subsection 164 (1) of the Act is amended by adding “and” at the end of clau se (d), by striking out “and” at the end of clause (

e) and by repealing clause (f). (2) Subsection 164 (2) of the Act is amended by adding “and” at the end of clause (h), by striking out “and” at the end of clause (

i) and by repealing clause (j). 13

Section 171 of the Act is repealed and the following substituted: Annual return 171 On the day the co -operative sends or is required to send, whichever is earlier, a copy of its financial statement to its members under subsection 140 (1), the co-operative shall also file an annual return in a form approved by the Minister. 14 Clause 172 (1.1) (

a) of the Act is amended by striking out “125 (1) and 141 (2)” and substituting “and 125 (1)”. 15

Section 182 of the Act is amended by adding the following subsection: Reproduction of signature

(3) For the purposes of this section, any signature of the Minister or of a public servant designated by the regulations may be printed or otherwise mechanically or electronically reproduced. 16 Clause 184 (1) (

c) of the Act is amended by striking out “144, 144.1”. Cutting Unnecessary Red Tape Act, 2017 17 Subsection 77 (1) of

Schedule 8 to the Cutting Unnecessary Red Tape Act, 2017 is repealed.

25 Commencement 18

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

Schedule comes into force on the day the Plan to Build Ontario Together Act, 2019 receives Royal Assent.

(2) Section 12 comes into force 90 days after the Plan to Build Ontario Together Act, 2019 receives Royal Assent.

(3) Sections 1, 3, 7, 8 and 14 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 9 DANGEROUS GOODS TRANSPORTATION ACT 1 The Dangerous Goods Transportation Act is amended by adding the following section: Power to do things electronically 10.1

(1) Anything that the Minister, the Ministry of Transportation, the Registrar of Motor Vehicles or an inspector is required or authorized to do or to provide under this Act may be done or provided by electronic means or in an electronic format. Same

(2) Anything that any person is required or authorized to do or to provide to the Minister, the Ministry of Transportation, the Registrar of Motor Vehicles or an inspector under this Act may be done or pro vided by electronic means or in an electronic format in accordance with regulations made under the federal Act. 2

Section 11 of the Act is amended by adding the following clauses: (

d) governing the admissibility of electronic documents in court; (

e) governing the circumstances in which the information set out in an electronic document is deemed to be true, and in which the electronic document or a copy or excerpt of it shall be received in evidence as proof of the information set out in it. Commencement 3 This

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

SCHEDULE 10 DEVELOPMENT CHARGES ACT, 1997 1

(1) Paragraphs 1 to 5 of subsection 26.1 (2) of the Development Charges Act, 1997 are repealed and the following substituted: 1. Rental housing development that is not non-profit housing development referred to in paragraph 3. 2. Institutional development. 3. Non-profit housing development.

(2) Clause 26.1 (3) (

a) of the Act is ame nded by striking out “paragraphs 1 to 4” and substituting “paragraphs 1 and 2”.

(3) Clause 26.1 (3) (

b) of the Act is amended by striking out “paragraph 5” and substituting “paragraph 3”. Commencement 2 This

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

SCHEDULE 11 EGYPTIAN HERITAGE MONTH ACT, 2019

Preamble The month of July is an important one for the Egyptian community and every year on July 23 the Egyptian community celebrates Egypt National Day. By proclaiming the month of July as Egyptian Heritage Month, the Province of Ontario recognizes the important contributions that Egyptian Canadians have made and continue to make to the economic, social and cultural fabric of Ontario. Egyptian Heritage Month is an opportunity to remember, celebrate and educate future generations about the achievements and contributions of Egyptian Canadians in the province.

Egyptian Heritage Month 1 The month of July in each year is proclaimed as Egyptian Heritage Month. Commencement 2 The Act set out in this

Schedule comes into force on the day the Plan to Build Ontario Together Act, 2019 receives Royal Assent.

Short title 3 The

short title of the Act set out in this

Schedule is the Egyptian Heritage Month Act, 2019.

SCHEDULE 12 FINANCIAL PROFESSIONALS TITLE PROTECTION ACT, 2019 1 (1) Subsection 15 (1) of the Financial Professionals Title Protection Act, 2019 is amended by adding the following paragraphs: 8. Respecting transitional matters arising from the enactment of

Schedule 25 to the Protecting What Matters Most Act (Budget Measures), 2019, including the treatment of credentials and other qualifications possessed by individuals before sections 2, 3, 9 and 10 come into force. 9. Exempting individuals or classes of individuals from

section 2 or 3 in the circumstances set out in the rules, subject to such conditions, limitations and restrictions as may be set out in the rules. (2) Clauses 15 (2) (

c) and (

e) of the Act are repealed. Commencement 2 This

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

SCHEDULE 13 FISH AND WILDLIFE CONSERVATION ACT, 1997 1

Section 36 of the Fish and Wildlife Conservation Act, 1997 is amended by adding the following subsection: Exception (2.1) Subsections (1) and (2) do not apply to a person in respect of double -crested cormorant in the circumstances prescribed by the regulations. 2

Section 112 of the Act is amended by adding the following paragraph: 27.1 prescribing the circumstances under which subsection 36 (1) or (2) does not apply to a person in respect of double crested-cormorant; Commencement 3 This

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

SCHEDULE 14 GASOLINE TAX ACT 1 Subsection 1 (1) of the Gasoline Tax Act is amended by adding the following definition: “Northern Ontario” means the geographic areas named and described in

Schedule 2 to Ontario Regulation 180/03 (Division of Ontario into Geographic Areas) made under the Territorial Division Act, 2002 as Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury, Thunder Bay and Timiskaming; (“Nord de l’Ontario”) 2 (1) Subsection 2 (2) of the Act is repealed and the following substituted: Tax on aviation fuel

(2) Every purchaser of aviation fuel shall pay to the Minister a tax at the rate of 6.7 cents per litre. Same

(2.1) Despite subsection (2), every purchaser of aviation fuel shall pay to the Minister a tax at the rate of 2.7 cents per litre i f, (

a) the purchaser takes possession of the purchased fuel in Northern Ontario; and (

b) the purchased fuel is transferred into the fuel tank of an aircraft in Northern Ontario. Overpayment

(2.2) If a purchaser of aviation fuel takes possession of the purchased fuel in Ontario but ou tside Northern Ontario and the purchased fuel is transferred into the fuel tank of an aircraft in Northern Ontario, the purchaser is deemed, on the day the fuel is transferred into the fuel tank of an aircraft in Northern Ontario, to have made an overpayme nt of tax under this Act equal to the difference between the amount of tax the purchaser paid under subsection (2) and the amount that would have been paid if the rate under that subsection was 2.7 cents per litre. (2) Subsections 2 (4.1) and (4.2) of the Act are repealed and the following substituted: Tax on transfer of aviation fuel into aircraft outside Northern Ontario

(4.1) Every person shall pay to the Minister a tax at the rate of 6.7 cents per litre on all aviation fuel that is transferred by t he person into a tank of an aircraft in Ontario but outside of Northern Ontario, (

a) for use or consumption by the person; (

b) for use or consumption by another person at the expense of the person who transferred the aviation fuel; or (

c) on behalf of or as agent for a principal who is acquiring the aviation fuel for use or consumption by the principal or by others at the principal’s expense. Tax on transfer of aviation fuel into aircraft in Northern Ontario

(4.2) Every person shall pay to the Minister a tax at the rate of 2.7 cents per litre on all aviation fuel that is transferred by the person into a tank of an aircraft in Northern Ontario, (

a) for use or consumption by the person; (

b) for use or consumption by another person at the expense of the person who transferred the aviation fuel; or (

c) on behalf of or as agent for a principal who is acquiring the aviation fuel for use or consumption by the principal or by others at the principal’s expense. Application of subs. (4.1) and (4.2) (4.2.1) No tax is payable under subsection (4.1) or (4.2) if, (

a) the person who transfers the aviation fuel is a purchaser of the aviation fuel; or (

b) the tax under subsection (2) or (2.1) has been paid by a purchaser of the aviation fuel. (3) Subsection 2 (5.1) of the Act is amended by striking out “subsection (4.1)” wherever it appears and substituting in each case “subsection (4.1) or (4.2)”. 3 The following provisions of the Act are amended by striking out “subsection 2 (4.1)” wherever it appears and substituting in each case “subsection 2 (4.1) or (4.2)”: 1. Subsection 11 (6). 2. Clause 16 (1) (c). 3. Subsections 16 (2) and (3). 4. Clauses 23 (1) (

b) and (c). 4 Subsection 28 (2) of the Act is repealed and the following substituted:

32 Idem

(2) Where an amount in respect of an overpayment is refunded or applied on other liability, interest at such rate as is prescribed by the regulations computed and compounded daily shall be paid or applied thereon, (

a) for the period commencing on the day the overp ayment arose and ending with the day of refunding or application on other liability, in the case of an application for a refund made to the Minister before January 1, 2020; or (

b) for the period commencing on the day the application for a refund is made t o the Minister and ending with the day of refunding or application on other liability, in the case of an application for a refund made to the Minister after December 31, 2019. Same

(2.1) Despite subsection (2), interest shall not be paid on a refund or ap plied on other liability if the amount of the interest is calculated to be less than $5. Commencement 5 This

Schedule comes into force on January 1, 2020.

SCHEDULE 15 HEALTH INSURANCE ACT 1

(1) The

definitions of “business day”, “joint committee”, “payment committee”, “payment correction list” and “Review Board” in

section 1 of the Health Insurance Act are repealed.

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

definitions: “billing number” means the unique identifying number issued by the General Manager to a physician, practitioner or health facility that has been granted a billing number by the General Manager under

section 16.2; (“numéro de facturation”) “justice” has the same meaning as in the Provincial Offences Act; (“juge”) “personal information” means personal information as defined in the Freedom of Information and Protection of Privacy Act and includes personal health information as defined in the Personal Health Info rmation Protection Act, 2004 ; (“renseignements personnels”) “provincial offences officer” has the same meaning as in the Provincial Offences Act; (“agent des infractions provinciales”) “reviewer” means a reviewer provided for under

section 41; (“examinateur”) 2

Section 2 of the Act is amended by adding the following subsection: Deemed terms

(7) The Lieutenant Governor in Council may make regulations providing for provisions that shall be deemed to be included in arrangements made under clause (2) (

a) that require reporting of physician payments to individual physicians from remuneration provided under such arrangements, and which shall be deemed to be included in arrangements entered into before the regulations were made and before this subsection came into force. 3

(1) Subsection 4.1 (3) of the Act is repealed and the following substituted: Disclosure

(3) The Minister and the General Manager shall disclose personal information, subject to such conditions as may be prescribed, if the disclosure is necessary for purposes related to the administration of this Act, the Commitment to the Future of Medicare Act, 2004 or the Independent Health Facilities Act or for such other purposes as may be prescribed, but shall not disclose the information if, in the opinion of the Minister or the General Manager, as the case may be, the disclosure is not necessary for those purposes. Same

(3.1) Where the Minister or General Manager is of the opinion that it is advisable to do so, the Minister or General Manager shall disclose personal information to a College within the meaning of the Regulated Health Professions Act, 1991 for the purpose of the administration of that Act or

an Act named in

Schedule 1 to that Act.

(2) Subsection 4.1 (3) of the Act, as re -enacted by subsecti on (1), is amended by striking out “ Independent Health Facilities Act” and substituting “Oversight of Health Facilities and Devices Act, 2017”.

(3) Clause 4.1 (4) (

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

a) disclosure of the names or ot her identifying information is necessary for the purposes described in subsection 2 (5), or in subsection (3) or (3.1) of this section; or 4

(1) Sections 5 to 5.4 of the Act are repealed and the following substituted: Transitional 5 The Physician Payment Review Board, as it existed immediately before the coming into force of subsection 5 (1) of

Schedule 15 to the Plan to Build Ontario Together Act, 2019, continues to exist to the extent necessary to conclude any matters where a review panel had been constituted and a hearing was in progress before that

section came into force.

(2) Section 5 of the Act, as re-enacted by subsection (1), is repealed. 5

(1) Section 7 of the Act is repealed and the following substituted: Transitional 7 The Medical Eligibility Committee, as it existed immediately before the coming into force of subsection 6 (1) of

Schedule 15 to the Plan to Build Ontario Together Act, 2019 , continues to exist to the extent necessary to conclude any matter that was referred to it but with respect to which it had not made a recommendation before that

section came into force.

(2) Section 7 of the Act, as re-enacted by subsection (1), is repealed. 6

Section 11.1 of the Act is repealed and the following substituted:

34 Health card 11.1

(1) The General Manager shall issue a health card to each insured person. Non-transferable

(2) A health card is non-transferable. Must be presented

(3) An insured person shall present their health card upon the request of the hospital, physician, practition er or health facility from which the person receives insured services. Form of card

(4) A health card shall be in the form approved by the Minister. Property of Minister

(5) A health card remains the property of the Minister at all times. Taking possession of card

(6) A prescribed person may take possession of a health card that is surrendered to the person voluntarily. Return to General Manager

(7) On taking possession of a health card under subsection (6), the person shall return it to the General Man ager as soon as possible. Protection from liability

(8) No proceeding for taking possession of a health card shall be commenced against a person who does so in accordance with subsection (6). Fees

(9) The General Manager may charge a fee provided in the regulations for a replacement health card, subject to any terms or conditions provided for in the regulations. 7

Section 15 of the Act is amended by adding the following subsection: Billing number

(4) A physician may only submit claims for payment to the Plan, or receive payments from the Plan pursuant to an arrangement under clause 2 (2) (a), and an insured person may only submit claims for payment to the Plan that have been presented by a physician, if the physician has been granted a billing number by the General Manager. 8

Section 15.1 of the Act is amended by adding the following subsection: Billing number

(4.1) A practitioner may only submit claims for payment to the Plan, or receive payments from the Plan pursuant to an arrangement under clause 2 (2) (a), if the practitioner has been granted a billing number by the General Manager. 9 Paragraph 1 of subsection 15.2 (1) of the Act is repealed and the following substituted: 1.

Sections 15 and 15.1 do not apply to him or her, other than subsection 15 (4). 10 The Act is amended by adding the following section: Billing number — health facilities 15.3 A health facility may only submit claims for payment to the Plan, or receive payments from the Plan pursuant to an arrangement under clause 2 (2) (a), if the health facility has been granted a billing number by the General Manager. 11 Subsection 16 (5) of the Act is repealed. 12 The Act is amended by adding the following section: Billing numbers 16.2 Subject to an application process set out in the regulations, if any, the General Manager shall grant a billing number to a physician, practitioner or health facility. 13 Subsections 17.1 (1) and (2) of the Act are repealed and the following substituted: Fees payable for insured services

(1) Subject to

section 18, a physician or practitioner who has been granted a billing number and who submits a claim for payment to the General Manager in accordance with this Act for insured services provided by the physician or practitioner shall be paid in accordance with this Act and the regulations.

35 Same

(2) An insured person who submits a claim for payment to the General Manager in accordance with this Act for insured services provided by a physician or practitioner who has been granted a billing number shall be paid in accordance with this Act and the regulations. 14 Subsection 17.2 (1) of the Act is repealed and the following substituted: Fees payable, health facilities

(1) Subject to sections 18 and 28, a health facility that has been granted a billing number and that submits a claim for payment to the General Manager in accordance with this Act for insured services performed by the facility shall be paid in accordance with this Act and the regulations. 15

(1) The Act is amended by adding the following sections: Information 17.3

(1) Every physician, practitioner, health facility, hospital and independent health facility shall give the General Manager records or other information, including personal information, that the General Manager may require, (

a) for purposes related to the administration of this Act, the Commitment to the Future of Medicare Act, 2004 or the Independent Health Facilities Act; or (

b) for other prescribed purposes. Same

(2) Such persons or organizations as may be prescribed shall give the General Manager such information, including personal information, as may be prescribed and such information as the General Manager may require for the purpose of administering this Act. Form and time

(3) The records and other information shall be provided in the form, and within the time, specified by the General Manager. Application

(4) This

section applies despite anything in the Regulated Health Professions Act, 1991 ,

an Act listed in

Schedule 1 to the Regulated Health Professions Act, 1991, or any regulations made under those Acts. Rules re providing records and information

(5) Where the General Manager requires a physician, practitioner or health facility that has been granted a billing number to provide records or other information, the following rules apply: 1. The physician, practitioner or facility shall submit copies of the requested records or other information and, where required by the General Manager, shall include a signed certificate of authenticity and a signed copy of an audit trail for electronic records. 2.

If the General Manager is not satisfied with the copies of the requested records or other information, the General Manager may require the physician, practitioner or facility to produce the original docu ments to the General Manager, and the documents shall be returned to the physician, practitioner or facility in a timely manner after copies have been made. 3.

Where a physician, practitioner or facility fails to produce the copies or originals of records or other information required under this section, the General Manager may, on notice to the physician, practitioner or facility, apply to a justice or a provincial judge for an order compelling production of the required records or other information and t he justice or provincial judge may issue the order if they are satisfied that there are reasonable grounds for believing that the physician, practitioner or facility failed to produce the records or other information. Electronic records

(6) Where records required to be kept by physicians for the purposes of this Act are in electronic form, they shall have the characteristics of electronic records set out in the regulations under the Medicine Act, 1991. Certificate of authenticity

(7) A certificate of auth enticity required under this

section shall be in a form acceptable to the General Manager unless otherwise prescribed. Record-keeping 17.4

(1) For the purposes of this Act, every physician, practitioner and health facility shall maintain such records as may be necessary to establish whether they have provided an insured service to a person.

36 Same

(2) For the purposes of this Act, every physician, practitioner and health facility shall maintain such records as may be necessary to demonstrate that a service for which they prepare or submit a claim for payment is the service that they provided. Same

(3) For the purposes of this Act, every physician and health facility shall maintain such records as may be necessary to establish whether a service they have provided is medically necessary. Same

(4) For the purposes of this Act, every practitioner and health facility shall maintain such records as may be necessary to establish whether a service they have provided is therapeutically necessary. Same

(5) The records described in subsections (1), (2), (3) and (4) must be prepared promptly when the service is provided. Presumption

(6) In the absence of a record described in subsection (1), (3) or (4), it is presumed that an insured service was provided and that the basic fee payable is nil. Different service provided

(7) In the absence of a record described in subsection (2), the insured service that was provided is presumed to be the insured service, if any, that the General Manager considers to be described in the records as having been provided and not the insured service for which the claim for payment was prepared or submitted.

Refusal to pay if not required form, etc. 17.5 The General Manager shall refuse to pay for an insured service if the claim for payment for the service is not prepared in the required form, does not meet the prescribed requirements or is not submitted to the General Manager within the prescribed time. However, the General Manager may pay for the service if, in the General M anager’s opinion, there are extenuating circumstances.

(2) Subsection 17.3 (1) of the Act, as enacted by subsection (1), is repealed and the following substituted: Information

(1) Every physician, practitioner, health facility, hospital and community health facility shall give the General Manager records or other information, including personal information, that the General Manager may require, (

a) for purposes related to the administration of this Act, the Commitment to the Future of Medicare Act, 2004 or the Oversight of Health Facilities and Devices Act, 2017; or (

b) for other prescribed purposes. 16

(1) Section 18 of the Act is repealed and the following substituted: Payment of accounts 18

(1) The General Manager shall determine all issues relating to accounts for insured services in accordance with this Act and shall make the payments from the Plan that are authorized under this Act. Practitioners and health facilities, refuse to pay

(2) The General Manager may refuse to pay a claim for payment fo r an insured service submitted by a practitioner or health facility or may pay a reduced amount in the following circumstances: 1. If the General Manager is of the opinion that all or part of the insured service was not in fact rendered. 2. If the Genera l Manager is of the opinion that the nature of the service is misrepresented, whether deliberately or inadvertently. 3.

For a service provided by a practitioner, if the General Manager is of the opinion, after consulting with a practitioner who is qualified to provide the same service, that all or part of the service was not therapeutically necessary. 4. For a service provided by a health facility, if the General Manager is of the opinion, after consulting with a physician or practitioner, that all or part of the service was not medically or therapeutically necessary. 5. If the General Manager is of the opinion that all or part of the service was not provided in accordance with accepted professional standards and practice. 6.

In such other circumstances as may be prescribed.

37 Practitioners and health facilities, reimbursement

(3) The General Manager may require a practitioner or health facility to reimburse the Plan for an amount paid for a service if, after the payment is made, the General Manager is of the opinion that a circumstance described in subsection (2) exists. Exception

(4) Despite subsection (3), the General Manager shall not require a practitioner to reimburse the Plan if the sole reason for requiring the reimbursement is that a circumstance described in paragraph 3 or 5 of subsection (2) exists. Notice, practitioners and health facilities

(5) The General Manager shall give notice to a practitioner or health facility of a decision to refuse to pay for a service, to pay a reduced amount or to require that the Plan be reimbursed. Physicians, refusal to pay

(6) Under any of the following circumstances, the General Manager may, with respect to a claim for payment for an insured service submitted by a physician, refuse to pay the clai m, pay a reduced amount with respect to the claim, pay for the service the General Manager considers to have been provided and not the service described in the claim that was submitted, or, with respect to payment for an insured service that has been made to a physician, request a hearing

Document details

Collection	Ontario — Bills
Citation	p42 s1 bill 138 b138ra e.pdf
Type	bill
Volume / chapter	p42 s1 bill 138 b138ra e.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	124a9c916b4ecc69c66df7eaf856775555852427

Source file is stored in the law ingest library (json).